Indiana 2024 Regular Session

Indiana House Bill HB1098 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1098
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-45-4-5.
7	7	Synopsis: Public voyeurism. Provides that the penalty for a person
8	8	who commits public voyeurism: (1) without the use of a camera is a
9	9	Class B misdemeanor; or (2) by means of a camera is a Class A
10	10	misdemeanor. Clarifies the mens rea for the Class B misdemeanor
11	11	public voyeurism.
12	12	Effective: July 1, 2024.
13	13	Schaibley
14	14	January 8, 2024, read first time and referred to Committee on Courts and Criminal Code.
15	15	2024 IN 1098—LS 6299/DI 107 Introduced
16	16	Second Regular Session of the 123rd General Assembly (2024)
17	17	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
18	18	Constitution) is being amended, the text of the existing provision will appear in this style type,
19	19	additions will appear in this style type, and deletions will appear in this style type.
20	20	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
21	21	provision adopted), the text of the new provision will appear in this style type. Also, the
22	22	word NEW will appear in that style type in the introductory clause of each SECTION that adds
23	23	a new provision to the Indiana Code or the Indiana Constitution.
24	24	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
25	25	between statutes enacted by the 2023 Regular Session of the General Assembly.
26	26	HOUSE BILL No. 1098
27	27	A BILL FOR AN ACT to amend the Indiana Code concerning
28	28	criminal law and procedure.
29	29	Be it enacted by the General Assembly of the State of Indiana:
30	30	1 SECTION 1. IC 35-45-4-5, AS AMENDED BY P.L.142-2020,
31	31	2 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32	32	3 JULY 1, 2024]: Sec. 5. (a) The following definitions apply throughout
33	33	4 this section:
34	34	5 (1) "Camera" means a camera, a video camera, a device that
35	35	6 captures a digital image, or any other type of video recording
36	36	7 device.
37	37	8 (2) "Peep" means any looking of a clandestine, surreptitious,
38	38	9 prying, or secretive nature.
39	39	10 (3) "Private area" means the naked or undergarment clad genitals,
40	40	11 pubic area, or buttocks of an individual.
41	41	12 (b) A person:
42	42	13 (1) who knowingly or intentionally:
43	43	14 (A) peeps; or
44	44	15 (B) goes upon the land of another with the intent to peep;
45	45	16 into an occupied dwelling of another person; or
46	46	17 (2) who knowingly or intentionally peeps into an area where an
47	47	2024 IN 1098—LS 6299/DI 107 2
48	48	1 occupant of the area reasonably can be expected to disrobe,
49	49	2 including:
50	50	3 (A) restrooms;
51	51	4 (B) baths;
52	52	5 (C) showers; and
53	53	6 (D) dressing rooms;
54	54	7 without the consent of the other person, commits voyeurism, a Class B
55	55	8 misdemeanor.
56	56	9 (c) However, the offense under subsection (b) is a Level 6 felony if:
57	57	10 (1) it is knowingly or intentionally committed by means of a
58	58	11 camera; or
59	59	12 (2) the person who commits the offense has a prior unrelated
60	60	13 conviction under this section.
61	61	14 (d) A person who:
62	62	15 (1) without the consent of the individual; and
63	63	16 (2) with intent to peep at the private area of an individual;
64	64	17 knowingly or intentionally;
65	65	18 peeps at the private area of an individual and records an image by
66	66	19 means of a camera without the use of a camera commits public
67	67	20 voyeurism, a Class A Class B misdemeanor.
68	68	21 (e) The offense under subsection (d) is a Class A misdemeanor
69	69	22 if the person knowingly or intentionally committed the peeping by
70	70	23 recording an image by means of a camera.
71	71	24 (e) (f) The offense under subsection (d) (e) is a Level 6 felony if the
72	72	25 person has a prior unrelated conviction under this section or if the
73	73	26 person:
74	74	27 (1) publishes the image;
75	75	28 (2) makes the image available on the Internet; or
76	76	29 (3) transmits or disseminates the image to another person.
77	77	30 (f) (g) It is a defense to a prosecution under subsection (d) and
78	78	31 subsection (e) that the individual deliberately exposed the individual's
79	79	32 private area.
80	80	33 (g) (h) A person who, with the intent to peep, operates an unmanned
81	81	34 aerial vehicle in a manner that is intended to cause the unmanned aerial
82	82	35 vehicle to enter the space above or surrounding another person's
83	83	36 occupied dwelling for the purpose of capturing images, photographs,
84	84	37 video recordings, or audio recordings of the other person while the
85	85	38 other person is:
86	86	39 (1) within the other person's occupied dwelling; or
87	87	40 (2) on the land or premises:
88	88	41 (A) on which the other person's occupied dwelling is located;
89	89	42 and
90	90	2024 IN 1098—LS 6299/DI 107 3
91	91	1 (B) in a location that is not visible from an area:
92	92	2 (i) open to the general public; or
93	93	3 (ii) where a member of the general public has the right to be;
94	94	4 commits remote aerial voyeurism, a Class A misdemeanor.
95	95	5 (h) (i) The offense under subsection (g) (h) is a Level 6 felony if the
96	96	6 person has a prior unrelated conviction under this section or if the
97	97	7 person:
98	98	8 (1) publishes the images, photographs, or recordings captured;
99	99	9 (2) makes the images, photographs, or recordings captured
100	100	10 available on the Internet; or
101	101	11 (3) transmits or disseminates the images, photographs, or
102	102	12 recordings captured to another person.
103	103	2024 IN 1098—LS 6299/DI 107