84R987 GCB-D By: Leach H.B. No. 207 A BILL TO BE ENTITLED AN ACT relating to creating the offense of voyeurism; providing a penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 21, Penal Code, is amended by adding Section 21.16 to read as follows: Sec. 21.16. VOYEURISM. (a) A person commits an offense if, with the intent to arouse or gratify the sexual desire of the actor or to degrade or abuse any person, the actor observes another person without the other person's consent while the other person is in a dwelling, structure, or conveyance in which the other person has a reasonable expectation of privacy. (b) Except as provided by Subsection (c) or (d), an offense under this section is a Class C misdemeanor. (c) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of an offense under this section. (d) An offense under this section is a state jail felony if the victim was a child younger than 14 years of age at the time of the offense. (e) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. (f) In this section, "conveyance" includes any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car. SECTION 2. This Act takes effect September 1, 2015.