S*0470(Rat #0403, Act #0363 of 2000)  General Bill, By Martin
 A BILL TO AMEND SECTION 16-17-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO EAVESDROPPING AND PEEPING, SO AS TO FURTHER DEFINE "PEEPING
 TOM" TO INCLUDE THE USE OF VIDEO OR AUDIO EQUIPMENT FOR ILLEGAL PURPOSES
 DESCRIBED HEREIN; TO PROHIBIT A PERSON FROM COMMITTING THE CRIMES OF VOYEURISM
 AND AGGRAVATED VOYEURISM, TO DEFINE BOTH TERMS AND PROVIDE PENALTIES; TO
 DEFINE A "PLACE WHERE A PERSON WOULD HAVE A REASONABLE EXPECTATION OF
 PRIVACY", "SURVEILLANCE", AND "VIEW"; TO REQUIRE IMMEDIATE FORFEITURE AND
 DESTRUCTION OF ALL VIDEO AND AUDIO RECORDINGS PRODUCED FROM THIS UNLAWFUL
 ACTIVITY, AND TO PROVIDE SECURITY SURVEILLANCE, LAW ENFORCEMENT, AND BONA FIDE
 NEWSGATHERING ACTIVITIES FOR WHICH THE PROVISIONS OF THIS SECTION DO NOT
 APPLY; AND TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO THE CONVICTIONS
 THAT REQUIRE AN OFFENDER REGISTER AS A SEX OFFENDER, SO AS TO INCLUDE
 VOYEURISM AND AGGRAVATED VOYEURISM.-AMENDED TITLE

   02/04/99  Senate Introduced and read first time SJ-10
   02/04/99  Senate Referred to Committee on Judiciary SJ-10
   04/21/99  Senate Committee report: Favorable with amendment
                     Judiciary SJ-11
   04/22/99  Senate Amended SJ-45
   04/22/99  Senate Read second time SJ-45
   04/27/99  Senate Read third time and sent to House SJ-19
   04/27/99  House  Introduced and read first time HJ-83
   04/27/99  House  Referred to Committee on Judiciary HJ-83
   05/17/00  House  Committee report: Favorable with amendment
                     Judiciary HJ-4
   05/23/00  House  Amended HJ-22
   05/23/00  House  Read second time HJ-24
   05/24/00  House  Read third time and returned to Senate with
                     amendments HJ-8
   05/30/00  Senate House amendment amended SJ-21
   05/31/00  Senate Returned to House with amendments SJ-103
   06/01/00  House  Concurred in Senate amendment and enrolled HJ-29
   06/08/00         Ratified R 403
   06/14/00         Signed By Governor
   06/14/00         Effective date 06/14/00
   06/28/00         Copies available
   06/28/00         Act No. 363

AN ACT TO AMEND SECTION 16-17-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EAVESDROPPING AND PEEPING, SO AS TO FURTHER DEFINE "PEEPING TOM" TO INCLUDE THE USE OF VIDEO OR AUDIO EQUIPMENT FOR ILLEGAL PURPOSES DESCRIBED HEREIN; TO PROHIBIT A PERSON FROM COMMITTING THE CRIMES OF VOYEURISM AND AGGRAVATED VOYEURISM, TO DEFINE BOTH TERMS AND PROVIDE PENALTIES; TO DEFINE A "PLACE WHERE A PERSON WOULD HAVE A REASONABLE EXPECTATION OF PRIVACY", "SURVEILLANCE", AND "VIEW"; TO REQUIRE IMMEDIATE FORFEITURE AND DESTRUCTION OF ALL VIDEO AND AUDIO RECORDINGS PRODUCED FROM THIS UNLAWFUL ACTIVITY, AND TO PROVIDE SECURITY SURVEILLANCE, LAW ENFORCEMENT, AND BONA FIDE NEWSGATHERING ACTIVITIES FOR WHICH THE PROVISIONS OF THIS SECTION DO NOT APPLY; AND TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO THE CONVICTIONS THAT REQUIRE AN OFFENDER REGISTER AS A SEX OFFENDER, SO AS TO INCLUDE VOYEURISM AND AGGRAVATED VOYEURISM.

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

'Peeping Tom' includes using video and audio equipment for invasion of privacy purposes; define voyeurism and aggravated voyeurism; penalties, exceptions

SECTION 1. Section 16-17-470 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-17-470. (A) It is unlawful for a person to be an eavesdropper or a Peeping Tom on or about the premises of another or to go upon the premises of another for the purpose of becoming an eavesdropper or a Peeping Tom. The term 'Peeping Tom', as used in this section, is defined as a person who peeps through windows, doors, or other like places, on or about the premises of another, for the purpose of spying upon or invading the privacy of the persons spied upon and any other conduct of a similar nature, that tends to invade the privacy of others. The term 'Peeping Tom' also includes any person who employs the use of video or audio equipment for the purposes set forth in this section. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years, or both.

(B) A person commits the crime of voyeurism if, for the purpose of arousing or gratifying sexual desire of any person, he or she knowingly views, photographs, audio records, video records, or films another person, without that person's knowledge and consent, while the person is in a place where he or she would have a reasonable expectation of privacy. A person who violates the provisions of this subsection:

(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years, or both; or

(2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not less than five hundred dollars or more than five thousand dollars or imprisoned not more than five years, or both.

(C) A person commits the crime of aggravated voyeurism if he or she knowingly sells or distributes any photograph, audio recording, video recording, or film of another person taken or made in violation of this section. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not less than five hundred dollars, or more than five thousand dollars or imprisoned not more than ten years, or both.

(D) As used in this section:

(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 would reasonably expect to be safe from 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) 'View' 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.

(E) The provisions of subsection (A) do 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;

(3) any official law enforcement activities conducted pursuant to Section 16-17-480;

(4) private detectives and investigators conducting surveillance in the ordinary course of business; or

(5) any bona fide news gathering activities.

(F) In addition to any other punishment prescribed by this section or other provision of law, a person procuring photographs, audio recordings, video recordings, or films in violation of this section shall immediately forfeit all items. These items must be destroyed when no longer required for evidentiary purposes."

Voyeurism, aggravated voyeurism added

SECTION 2. Section 23-3-430(C)(12) of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:

"(12) peeping, voyeurism, or aggravated voyeurism (Section 16-17-470);"

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Ratified the 8th day of June, 2000.

Approved the 14th day of June, 2000.