Introduced Version
HOUSE BILL No. 1098
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-45-4-5.
Synopsis: Public voyeurism. Provides that the penalty for a person
who commits public voyeurism: (1) without the use of a camera is a
Class B misdemeanor; or (2) by means of a camera is a Class A
misdemeanor. Clarifies the mens rea for the Class B misdemeanor
public voyeurism.
Effective: July 1, 2024.
Schaibley
January 8, 2024, read first time and referred to Committee on Courts and Criminal Code.
2024 IN 1098—LS 6299/DI 107 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1098
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-45-4-5, AS AMENDED BY P.L.142-2020,
2 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 5. (a) The following definitions apply throughout
4 this section:
5 (1) "Camera" means a camera, a video camera, a device that
6 captures a digital image, or any other type of video recording
7 device.
8 (2) "Peep" means any looking of a clandestine, surreptitious,
9 prying, or secretive nature.
10 (3) "Private area" means the naked or undergarment clad genitals,
11 pubic area, or buttocks of an individual.
12 (b) A person:
13 (1) who knowingly or intentionally:
14 (A) peeps; or
15 (B) goes upon the land of another with the intent to peep;
16 into an occupied dwelling of another person; or
17 (2) who knowingly or intentionally peeps into an area where an
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1 occupant of the area reasonably can be expected to disrobe,
2 including:
3 (A) restrooms;
4 (B) baths;
5 (C) showers; and
6 (D) dressing rooms;
7 without the consent of the other person, commits voyeurism, a Class B
8 misdemeanor.
9 (c) However, the offense under subsection (b) is a Level 6 felony if:
10 (1) it is knowingly or intentionally committed by means of a
11 camera; or
12 (2) the person who commits the offense has a prior unrelated
13 conviction under this section.
14 (d) A person who:
15 (1) without the consent of the individual; and
16 (2) with intent to peep at the private area of an individual;
17 knowingly or intentionally;
18 peeps at the private area of an individual and records an image by
19 means of a camera without the use of a camera commits public
20 voyeurism, a Class A Class B misdemeanor.
21 (e) The offense under subsection (d) is a Class A misdemeanor
22 if the person knowingly or intentionally committed the peeping by
23 recording an image by means of a camera.
24 (e) (f) The offense under subsection (d) (e) is a Level 6 felony if the
25 person has a prior unrelated conviction under this section or if the
26 person:
27 (1) publishes the image;
28 (2) makes the image available on the Internet; or
29 (3) transmits or disseminates the image to another person.
30 (f) (g) It is a defense to a prosecution under subsection (d) and
31 subsection (e) that the individual deliberately exposed the individual's
32 private area.
33 (g) (h) A person who, with the intent to peep, operates an unmanned
34 aerial vehicle in a manner that is intended to cause the unmanned aerial
35 vehicle to enter the space above or surrounding another person's
36 occupied dwelling for the purpose of capturing images, photographs,
37 video recordings, or audio recordings of the other person while the
38 other person is:
39 (1) within the other person's occupied dwelling; or
40 (2) on the land or premises:
41 (A) on which the other person's occupied dwelling is located;
42 and
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1 (B) in a location that is not visible from an area:
2 (i) open to the general public; or
3 (ii) where a member of the general public has the right to be;
4 commits remote aerial voyeurism, a Class A misdemeanor.
5 (h) (i) The offense under subsection (g) (h) is a Level 6 felony if the
6 person has a prior unrelated conviction under this section or if the
7 person:
8 (1) publishes the images, photographs, or recordings captured;
9 (2) makes the images, photographs, or recordings captured
10 available on the Internet; or
11 (3) transmits or disseminates the images, photographs, or
12 recordings captured to another person.
2024 IN 1098—LS 6299/DI 107