Connecticut 2019 Regular Session

Connecticut Senate Bill SB01100 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	Senate Bill No. 1100
	7	+	General Assembly Raised Bill No. 1100
	8	+	January Session, 2019
	9	+	LCO No. 6341
5	10
6		-	Public Act No. 19-14
	11	+
	12	+	Referred to Committee on JUDICIARY
	13	+
	14	+
	15	+	Introduced by:
	16	+	(JUD)
	17	+
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8	19
9	20		AN ACT CONCERNING "UPSKIRTI NG".
10	21		Be it enacted by the Senate and House of Representatives in General
11	22		Assembly convened:
12	23
13		-	Section 1. Section 53a-189a of the general statutes is repealed and
14		-	the following is substituted in lieu thereof (Effective October 1, 2019):
15		-	(a) A person is guilty of voyeurism when, (1) with malice, such
16		-	person knowingly photographs, films, videotapes or otherwise records
17		-	the image of another person (A) without the knowledge and consent of
18		-	such other person, (B) while such other person is not in plain view, and
19		-	(C) under circumstances where such other person has a reasonable
20		-	expectation of privacy, (2) with intent to arouse or satisfy the sexual
21		-	desire of such person or any other person, such person knowingly
22		-	photographs, films, videotapes or otherwise records the image of
23		-	another person (A) without the knowledge and consent of such other
24		-	person, (B) while such other person is not in plain view, and (C) under
25		-	circumstances where such other person has a reasonable expectation of
26		-	privacy, (3) with the intent to arouse or satisfy the sexual desire of such
27		-	person, commits simple trespass, as provided in section 53a-110a, and
28		-	observes, in other than a casual or cursory manner, another person (A)
29		-	without the knowledge or consent of such other person, (B) while such
30		-	other person is inside a dwelling, as defined in section 53a-100, and not
31		-	in plain view, and (C) under circumstances where such other person Senate Bill No. 1100
	24	+	Section 1. Section 53a-189a of the general statutes is repealed and 1
	25	+	the following is substituted in lieu thereof (Effective October 1, 2019): 2
	26	+	(a) A person is guilty of voyeurism when, (1) with malice, such 3
	27	+	person knowingly photographs, films, videotapes or otherwise records 4
	28	+	the image of another person (A) without the knowledge and consent of 5
	29	+	such other person, (B) while such other person is not in plain view, and 6
	30	+	(C) under circumstances where such other person has a reasonable 7
	31	+	expectation of privacy, (2) with intent to arouse or satisfy the sexual 8
	32	+	desire of such person or any other person, such person knowingly 9
	33	+	photographs, films, videotapes or otherwise records the image of 10
	34	+	another person (A) without the knowledge and consent of such other 11
	35	+	person, (B) while such other person is not in plain view, and (C) under 12
	36	+	circumstances where such other person has a reasonable expectation of 13
	37	+	privacy, (3) with the intent to arouse or satisfy the sexual desire of such 14
	38	+	person, commits simple trespass, as provided in section 53a-110a, and 15
	39	+	observes, in other than a casual or cursory manner, another person (A) 16 Raised Bill No. 1100
32	40
33		-	Public Act No. 19-14 2 of 2
34	41
35		-	has a reasonable expectation of privacy, or (4) with intent to arouse or
36		-	satisfy the sexual desire of such person or any other person, such
37		-	person knowingly photographs, films, videotapes or otherwise records
38		-	the genitals, pubic area or buttocks of another person or the
39		-	undergarments or stockings that clothe the genitals, pubic area or
40		-	buttocks of another person (A) without the knowledge and consent of
41		-	such other person, [and] (B) while such genitals, pubic area, buttocks,
42		-	undergarments or stockings are not in plain view, and (C) under
43		-	circumstances where such other person has a reasonable expectation of
44		-	privacy, whether such other person is or is not in a public place.
45		-	(b) For purposes of this section, "in plain view" does not include any
46		-	view that is achieved by photographing, filming, videotaping or
47		-	otherwise recording under or around a person's clothing, and "public
48		-	place" means public place, as defined in section 53a-186.
49		-	[(b)] (c) Voyeurism is (1) a class D felony for a first offense, except as
50		-	provided in subdivision (3) of this subsection, (2) a class C felony for
51		-	any subsequent offense, and (3) a class C felony for a first offense when
52		-	(A) such person has been previously convicted of an offense
53		-	enumerated in subsection (f) of section 53a-29, or (B) the intended
54		-	subject of the offense is a person under sixteen years of age.
55		-	[(c)] (d) Notwithstanding the provisions of section 54-193, no person
56		-	may be prosecuted for an offense under subdivision (1), (2) or (4) of
57		-	subsection (a) of this section except within five years from the date of
58		-	the offense, or within five years from the date the subject of the offense
59		-	discovers the existence of the photograph, film, videotape or other
60		-	recording that constitutes a violation of subdivision (1), (2) or (4) of
61		-	subsection (a) of this section, whichever is later.
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	46	+	without the knowledge or consent of such other person, (B) while such 17
	47	+	other person is inside a dwelling, as defined in section 53a-100, and not 18
	48	+	in plain view, and (C) under circumstances where such other person 19
	49	+	has a reasonable expectation of privacy, or (4) with intent to arouse or 20
	50	+	satisfy the sexual desire of such person or any other person, such 21
	51	+	person knowingly photographs, films, videotapes or otherwise records 22
	52	+	the genitals, pubic area or buttocks of another person or the 23
	53	+	undergarments or stockings that clothe the genitals, pubic area or 24
	54	+	buttocks of another person (A) without the knowledge and consent of 25
	55	+	such other person, [and] (B) while such genitals, pubic area, buttocks, 26
	56	+	undergarments or stockings are not in plain view, and (C) under 27
	57	+	circumstances where such other person has a reasonable expectation of 28
	58	+	privacy, whether such other person is or is not in a public place. 29
	59	+	(b) For purposes of this section, "in plain view" does not include any 30
	60	+	view that is achieved by photographing, filming, videotaping or 31
	61	+	otherwise recording under or around a person's clothing, and "public 32
	62	+	place" means public place, as defined in section 53a-186. 33
	63	+	[(b)] (c) Voyeurism is (1) a class D felony for a first offense, except as 34
	64	+	provided in subdivision (3) of this subsection, (2) a class C felony for 35
	65	+	any subsequent offense, and (3) a class C felony for a first offense when 36
	66	+	(A) such person has been previously convicted of an offense 37
	67	+	enumerated in subsection (f) of section 53a-29, or (B) the intended 38
	68	+	subject of the offense is a person under sixteen years of age. 39
	69	+	[(c)] (d) Notwithstanding the provisions of section 54-193, no person 40
	70	+	may be prosecuted for an offense under subdivision (1), (2) or (4) of 41
	71	+	subsection (a) of this section except within five years from the date of 42
	72	+	the offense, or within five years from the date the subject of the offense 43
	73	+	discovers the existence of the photograph, film, videotape or other 44
	74	+	recording that constitutes a violation of subdivision (1), (2) or (4) of 45
	75	+	subsection (a) of this section, whichever is later. 46 Raised Bill No. 1100
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	82	+	This act shall take effect as follows and shall amend the following
	83	+	sections:
	84	+
	85	+	Section 1 October 1, 2019 53a-189a
	86	+
	87	+	JUD Joint Favorable
62	88