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Bill 3003

                    Current Status

Bill Number:                      3003
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990112
Primary Sponsor:                  Haskins
All Sponsors:                     Haskins, Simrill, Sandifer
Drafted Document Number:          l:\council\bills\ggs\22053cm99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Peeping Tom or recording of nonconsenting 
                                  person who is not fully clothed unlawful; 
                                  Crimes and Offenses, Sex offenses


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990112  Introduced, read first time,           25 HJ
                  referred to Committee
House   19981209  Prefiled, referred to Committee        25 HJ


                             Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-471 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO GAZE, STARE, PEEP, OR RECORD A NONCONSENTING PERSON WHO IS NOT FULLY CLOTHED UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE A PENALTY.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 16-17-471. (A) It is unlawful for a person to gaze, stare, peep, photograph, videotape, or film a nonconsenting person who is (1) totally nude, (2) clad in undergarments, or (3) in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast in a restroom, dressing room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom, or other location, and the circumstances are otherwise such that a person being viewed would have a reasonable expectation of privacy. 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) The provisions of this section shall not apply to filming, videotaping, or photographing by law enforcement officers pursuant to a lawful criminal investigation or correctional officials and local or regional jail officials for security purposes or for investigations of alleged misconduct involving a person committed to the Department of Corrections. The provisions of this section shall also not apply to persons licensed and bonded pursuant to Section 40-17-50 acting in the course of a lawful investigation."

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

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