S 0377 General Bill, By Glover
 A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO CRIMES AND OFFENSES, BY ADDING SECTION 16-17-475 SO AS TO PROHIBIT
 A PERSON FROM COMMITTING THE CRIME OF VOYEURISM, TO DEFINE VOYEURISM, AND TO
 PROVIDE CRIMINAL PENALTIES FOR CONVICTION OF VOYEURISM.

   01/20/99  Senate Introduced and read first time SJ-9
   01/20/99  Senate Referred to Committee on Judiciary SJ-9

TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING SECTION 16-17-475 SO AS TO PROHIBIT A PERSON FROM COMMITTING THE CRIME OF VOYEURISM, TO DEFINE VOYEURISM, AND TO PROVIDE CRIMINAL PENALTIES FOR CONVICTION OF VOYEURISM.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 17, Title 16 of the 1976 Code is amended by adding:

"Section 16-17-475. (A) A person commits the crime of voyeurism if, for the purpose of arousing or gratifying the sexual desire of any person, he or she knowingly views, photographs, videotapes or films another person, without that person's knowledge and consent, while the person being viewed, photographed, videotaped or filmed is in a place where he or she would have a reasonable expectation of privacy.

(B) Definitions:

(1) 'Place where a person would have a reasonable expectation of privacy' means:

(a) a place where a reasonable person would believe that he or she could disrobe in privacy, without being concerned that his or her undressing was being photographed, filmed or videotaped by another; or

(b) a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance.

(2) 'Surveillance' means secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person.

(3) 'Views' means the intentional looking upon of another person for more than a brief period of time, in other than a casual or cursory manner, with the unaided eye or with a device designed or intended to improve visual acuity.

(C) This section does not apply to:

(1) viewing, photographing, videotaping or filming by personnel of the Department of Corrections or of a county, municipal, or local jail or detention center or correctional facility for security purposes or during investigation of alleged misconduct by a person in the custody of the Department of Corrections or a county, municipal, or local jail or detention center or correctional facility;

(2) security surveillance for the purposes of decreasing or prosecuting theft, shoplifting, or other security surveillance measures in bona fide business establishments; or

(3) any official police activities conducted pursuant to Section 16-17-480 of this chapter.

(D) Voyeurism is a felony and upon conviction is punishable by a fine of not less than two thousand dollars or imprisonment of not more than two years, or both."

SECTION 2. This act takes effect upon approval by the Governor.