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9 | | - | tHiH:,tte• |
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10 | | - | J etine&See Senate |
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11 | | - | PUBLIC CHAPTER NO. 62 |
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12 | | - | SENATE BILL NO. 335 |
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13 | | - | By Yarbro, Massey, Campbell, Bailey, Haile, Hatcher, Jackson, Oliver, Rose, Taylor, White, |
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14 | | - | Yager |
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15 | | - | Substituted for: House Bill No. 602 |
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16 | | - | By Freeman, Hawk, Hakeem, Mitchell, Dixie, Behn, Hemmer, Powell, Gillespie, Cepicky, Salinas, |
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17 | | - | Doggett, Russell, Alexander, Davis, Harris, Lamberth, Butler, Rudd, Burkhart, Leatherwood, Stinnett, |
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18 | | - | Scarbrough, Clemmons, Sherrell, Haston, Kumar, Littleton, McCalmon, Farmer, Hardaway, Eldridge, |
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19 | | - | Keisling, Reneau, Wright, Reedy, Hurt, Moody, Sparks, Hale, Travis |
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20 | | - | AN ACT to amend Tennessee Code Annotated, Title 28; Title 29; Title 36, Chapter 3, Part 6; Title 39 |
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21 | | - | and Title 40, Chapter 2, relative to invasion of privacy. |
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| 1 | + | |
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| 2 | + | SENATE BILL 335 |
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| 3 | + | By Yarbro |
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| 4 | + | |
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| 5 | + | HOUSE BILL 602 |
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| 6 | + | By Freeman |
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| 7 | + | |
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| 8 | + | |
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| 9 | + | HB0602 |
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| 10 | + | 002024 |
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| 11 | + | - 1 - |
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| 12 | + | |
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| 13 | + | AN ACT to amend Tennessee Code Annotated, Title 28; |
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| 14 | + | Title 29; Title 36, Chapter 3, Part 6; Title 39 and |
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| 15 | + | Title 40, Chapter 2, relative to invasion of privacy. |
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| 16 | + | |
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23 | | - | SECTION 1. Tennessee Code Annotated, Section 39-13-605(b ), is amended by adding the |
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24 | | - | following as a new subdivision: |
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25 | | - | () "Disseminate" means to transfer, publish, or otherwise make accessible; |
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26 | | - | SECTION 2. Tennessee Code Annotated, Section 39-13-605, is amended by adding the |
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27 | | - | following new subsection: |
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28 | | - | (g) Prosecution for a violation of this section must commence as provided in title 40, |
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29 | | - | chapter 2. Pursuant to § 40-2-103, the statute of limitations is tolled for any period during |
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30 | | - | which the defendant conceals the crime until such time at which the victim discovers the |
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31 | | - | crime. |
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32 | | - | SECTION 3. Tennessee Code Annotated, Section 36-3-601 (8), is amended by deleting the |
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33 | | - | language "or a human trafficking offense" and substituting ", a human trafficking offense, observation |
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34 | | - | without consent, or unlawful photography". |
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35 | | - | SECTION 4. Tennessee Code Annotated, Section 36-3-601, is amended by adding the |
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36 | | - | following new subdivisions: |
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37 | | - | ( ) "Observation without consent victim" means a person who has been the victim of |
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38 | | - | the offense of observation without consent, as defined in § 39-13-607; |
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39 | | - | ( ) "Unlawful photography victim" means a person who has been the victim of the |
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40 | | - | offense of unlawful photography, as defined in§ 39-13-605; |
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41 | | - | SECTION 5. Tennessee Code Annotated, Section 36-3-602, is amended by deleting |
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| 18 | + | SECTION 1. Tennessee Code Annotated, Section 39-13-605(a)(1)(B), is amended by |
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| 19 | + | deleting the subdivision and substituting: |
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| 20 | + | (B) |
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| 21 | + | (i) Was taken for the purpose of sexual arousal or gratification of the |
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| 22 | + | defendant; or |
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| 23 | + | (ii) Includes the unclothed intimate area of the individual or the individual |
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| 24 | + | engaged in sexual activity, as defined in § 39-17-1002, and the person knew that |
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| 25 | + | the photograph would include such content; or |
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| 26 | + | SECTION 2. Tennessee Code Annotated, Section 39-13-605(d)(2), is amended by |
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| 27 | + | adding the following new subdivisions: |
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| 28 | + | (C) The photograph was taken using a camera or other recording device that |
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| 29 | + | was hidden from plain view at the time of the offense; or |
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| 30 | + | (D) There was more than one (1) victim of the offense. |
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| 31 | + | SECTION 3. Tennessee Code Annotated, Section 39-13-605, is amended by adding |
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| 32 | + | the following new subsection: |
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| 33 | + | (g) Prosecution for a violation of this section must commence as provided in title |
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| 34 | + | 40, chapter 2. Pursuant to § 40-2-103, the statute of limitations is tolled for any period |
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| 35 | + | during which the defendant conceals the crime until such time at which the victim |
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| 36 | + | discovers the crime. |
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| 37 | + | |
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| 38 | + | |
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| 39 | + | - 2 - 002024 |
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| 40 | + | |
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| 41 | + | SECTION 4. Tennessee Code Annotated, Section 36-3-601(8), is amended by deleting |
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| 42 | + | the language "or a human trafficking offense" and substituting ", a human trafficking offense, or |
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| 43 | + | unlawful photography". |
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| 44 | + | SECTION 5. Tennessee Code Annotated, Section 36-3-601, is amended by adding the |
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| 45 | + | following new subdivision: |
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| 46 | + | ( ) "Unlawful photography victim" means a person who has been the victim of |
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| 47 | + | the offense of unlawful photography, as defined in § 39-13-605; |
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| 48 | + | SECTION 6. Tennessee Code Annotated, Section 36-3-602, is amended by deleting |
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43 | | - | (a) Any domestic abuse victim, stalking victim, sexual assault victim, observation |
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44 | | - | without consent victim, or unlawful photography victim who has been subjected to, |
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45 | | - | threatened with, or placed in fear of, domestic abuse, stalking, sexual exploitation of a minor, |
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46 | | - | sexual assault, a human trafficking offense, observation without consent, or unlawful |
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47 | | - | photography, may seek relief under this part by filing a sworn petition alleging domestic |
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48 | | - | abuse, stalking, sexual exploitation of a minor, sexual assault, a human trafficking offense, |
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49 | | - | observation without consent, or unlawful photography by the respondent. |
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50 | | - | SECTION 6. Tennessee Code Annotated, Section 36-3-602(c), is amended by deleting the |
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51 | | - | language "or human trafficking offense" and substituting "human trafficking offense, observation |
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52 | | - | without consent, or unlawful photography". SB335 |
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53 | | - | SECTION 7. Tennessee Code Annotated, Section 36-3-605(b), is amended by deleting the |
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54 | | - | language "or a human trafficking offense" wherever it appears and substituting "a human trafficking |
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55 | | - | offense, observation without consent, or unlawful photography". |
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56 | | - | SECTION 8. Tennessee Code Annotated, Section 36-3-606(a), is amended by deleting the |
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57 | | - | language "or a human trafficking offense" wherever it appears and substituting "a human trafficking |
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58 | | - | offense, observation without consent, or unlawful photography". |
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59 | | - | SECTION 9. Tennessee Code Annotated, Section 36-3-613(a), is amended by deleting the |
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60 | | - | language "or a human trafficking offense" and substituting "a human trafficking offense, observation |
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61 | | - | without consent, or unlawful photography". |
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62 | | - | SECTION 10. Tennessee Code Annotated, Section 36-3-617(a), is amended by deleting the |
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63 | | - | language "sexual assault victim," wherever it appears and substituting "sexual assault victim, |
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64 | | - | observation without consent victim, unlawful photography victim,". |
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65 | | - | SECTION 11. Tennessee Code Annotated, Section 36-3-617(a)(2)(B), is amended by |
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66 | | - | deleting the language "sexual assault," and substituting "sexual assault, observation without |
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67 | | - | consent, unlawful photography,". |
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68 | | - | SECTION 12. This act is known and may be cited as the "Voyeurism Victims Act." |
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69 | | - | SECTION 13. Sections 1 and 2 of this act take effect July 1, 2025, the public welfare |
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70 | | - | requiring it. All other sections take effect upon becoming a law, the public welfare requiring it. |
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71 | | - | 2 PASSED: |
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72 | | - | SENATE BILL NO. 335 |
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73 | | - | March 10, 2025 |
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74 | | - | ~, _,\.~ ~ ,.,:v .. _'l._h. |
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75 | | - | =-•RANliv McNALL v |
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76 | | - | SPEAKER OF THE SENATE |
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77 | | - | CAMERO~SEXTON,SPEAKER |
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78 | | - | HOUSE OF REPRESENTATIVES |
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79 | | - | APPROVED this !l:J~ day of (Y)CLr~ 2025 |
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80 | | - | -~ |
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81 | | - | ~ -BILL LEE, GOVERNOR |
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| 50 | + | (a) Any domestic abuse victim, stalking victim, sexual assault victim, or unlawful |
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| 51 | + | photography victim who has been subjected to, threatened with, or placed in fear of, |
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| 52 | + | domestic abuse, stalking, sexual exploitation of a minor, sexual assault, a human |
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| 53 | + | trafficking offense, or unlawful photography, may seek relief under this part by filing a |
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| 54 | + | sworn petition alleging domestic abuse, stalking, sexual exploitation of a minor, sexual |
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| 55 | + | assault, a human trafficking offense, or unlawful photography by the respondent. |
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| 56 | + | SECTION 7. Tennessee Code Annotated, Section 36-3-602(c), is amended by deleting |
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| 57 | + | the language "or human trafficking offense" and substituting "human trafficking offense, or |
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| 58 | + | unlawful photography". |
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| 59 | + | SECTION 8. Tennessee Code Annotated, Section 36-3-605(b), is amended by deleting |
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| 60 | + | the language "or a human trafficking offense" wherever it appears and substituting "a human |
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| 61 | + | trafficking offense, or unlawful photography". |
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| 62 | + | SECTION 9. Tennessee Code Annotated, Section 36-3-606(a), is amended by deleting |
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| 63 | + | the language "or a human trafficking offense" wherever it appears and substituting "a human |
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| 64 | + | trafficking offense, or unlawful photography". |
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| 65 | + | |
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| 66 | + | |
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| 67 | + | - 3 - 002024 |
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| 68 | + | |
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| 69 | + | SECTION 10. Tennessee Code Annotated, Section 36-3-613(a), is amended by |
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| 70 | + | deleting the language "or a human trafficking offense" and substituting "a human trafficking |
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| 71 | + | offense, or unlawful photography". |
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| 72 | + | SECTION 11. Tennessee Code Annotated, Section 36-3-617(a), is amended by |
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| 73 | + | deleting the language "sexual assault victim," wherever it appears and substituting "sexual |
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| 74 | + | assault victim, unlawful photography victim,". |
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| 75 | + | SECTION 12. Tennessee Code Annotated, Section 36-3-617(a)(2)(B), is amended by |
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| 76 | + | deleting the language "sexual assault," and substituting "sexual assault, unlawful photography,". |
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| 77 | + | SECTION 13. This act is known and may be cited as the "Voyeurism Victims Act." |
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| 78 | + | SECTION 14. This act takes effect July 1, 2025, the public welfare requiring it. |
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