Indiana 2024 Regular Session

Indiana Senate Bill SB0266 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 266
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-45-4-5.
7	7	Synopsis: Video voyeurism. Provides that "peep", for purposes of the
8	8	voyeurism statute, includes the use of a concealed camera with the
9	9	intent of capturing an intimate image. Makes conforming amendments.
10	10	Effective: July 1, 2024.
11	11	Vinzant
12	12	January 16, 2024, read first time and referred to Committee on Corrections and Criminal
13	13	Law.
14	14	2024 IN 266—LS 6284/DI 106 Introduced
15	15	Second Regular Session of the 123rd General Assembly (2024)
16	16	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
17	17	Constitution) is being amended, the text of the existing provision will appear in this style type,
18	18	additions will appear in this style type, and deletions will appear in this style type.
19	19	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
20	20	provision adopted), the text of the new provision will appear in this style type. Also, the
21	21	word NEW will appear in that style type in the introductory clause of each SECTION that adds
22	22	a new provision to the Indiana Code or the Indiana Constitution.
23	23	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
24	24	between statutes enacted by the 2023 Regular Session of the General Assembly.
25	25	SENATE BILL No. 266
26	26	A BILL FOR AN ACT to amend the Indiana Code concerning
27	27	criminal law and procedure.
28	28	Be it enacted by the General Assembly of the State of Indiana:
29	29	1 SECTION 1. IC 35-45-4-5, AS AMENDED BY P.L.142-2020,
30	30	2 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31	31	3 JULY 1, 2024]: Sec. 5. (a) The following definitions apply throughout
32	32	4 this section:
33	33	5 (1) "Camera" means a camera, a video camera, a device that
34	34	6 captures a digital image, or any other type of video recording
35	35	7 device.
36	36	8 (2) "Peep" means:
37	37	9 (A) any looking of a clandestine, surreptitious, prying, or
38	38	10 secretive nature; or
39	39	11 (B) using a concealed camera with the intent of capturing
40	40	12 an intimate image (as defined by IC 34-21.5-2-1).
41	41	13 (3) "Private area" means the naked or undergarment clad genitals,
42	42	14 pubic area, or buttocks of an individual.
43	43	15 (b) A person:
44	44	16 (1) who knowingly or intentionally:
45	45	17 (A) peeps; or
46	46	2024 IN 266—LS 6284/DI 106 2
47	47	1 (B) goes upon the land of another with the intent to peep;
48	48	2 into an occupied dwelling of another person; or
49	49	3 (2) who knowingly or intentionally peeps in or into an area where
50	50	4 an occupant of the area reasonably can be expected to disrobe or
51	51	5 is actually expected to disrobe, including:
52	52	6 (A) restrooms;
53	53	7 (B) baths;
54	54	8 (C) showers; and
55	55	9 (D) dressing rooms;
56	56	10 without the consent of the other person, commits voyeurism, a Class B
57	57	11 misdemeanor.
58	58	12 (c) However, the offense under subsection (b) is a Level 6 felony if:
59	59	13 (1) it is knowingly or intentionally committed by means of a
60	60	14 camera; or
61	61	15 (2) the person who commits the offense has a prior unrelated
62	62	16 conviction under this section.
63	63	17 (d) A person who:
64	64	18 (1) without the consent of the individual; and
65	65	19 (2) with intent to peep at the private area of an individual;
66	66	20 peeps at the private area of an individual and records an image by
67	67	21 means of a camera commits public voyeurism, a Class A misdemeanor.
68	68	22 (e) The offense under subsection (d) is a Level 6 felony if the person
69	69	23 has a prior unrelated conviction under this section or if the person:
70	70	24 (1) publishes the image;
71	71	25 (2) makes the image available on the Internet; or
72	72	26 (3) transmits or disseminates the image to another person.
73	73	27 (f) It is a defense to a prosecution under subsection (d) that the
74	74	28 individual deliberately exposed the individual's private area.
75	75	29 (g) A person who, with the intent to peep, operates an unmanned
76	76	30 aerial vehicle in a manner that is intended to cause the unmanned aerial
77	77	31 vehicle to enter the space above or surrounding another person's
78	78	32 occupied dwelling for the purpose of capturing images, photographs,
79	79	33 video recordings, or audio recordings of the other person while the
80	80	34 other person is:
81	81	35 (1) within the other person's occupied dwelling; or
82	82	36 (2) on the land or premises:
83	83	37 (A) on which the other person's occupied dwelling is located;
84	84	38 and
85	85	39 (B) in a location that is not visible from an area:
86	86	40 (i) open to the general public; or
87	87	41 (ii) where a member of the general public has the right to be;
88	88	42 commits remote aerial voyeurism, a Class A misdemeanor.
89	89	2024 IN 266—LS 6284/DI 106 3
90	90	1 (h) The offense under subsection (g) is a Level 6 felony if the person
91	91	2 has a prior unrelated conviction under this section or if the person:
92	92	3 (1) publishes the images, photographs, or recordings captured;
93	93	4 (2) makes the images, photographs, or recordings captured
94	94	5 available on the Internet; or
95	95	6 (3) transmits or disseminates the images, photographs, or
96	96	7 recordings captured to another person.
97	97	2024 IN 266—LS 6284/DI 106