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Bill 327

                    Current Status

Bill Number:                      327
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990114
Primary Sponsor:                  Cork
All Sponsors:                     Cork
Drafted Document Number:          l:\s-res\hac\001voye.jjj.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Voyeurism, definition and criminal 
                                  penalties; Crimes and Offenses, Sex offenses


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  19990114  Introduced, read first time,           11 SJ
                  referred to Committee


                             Versions of This Bill

TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-475 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 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 misdemeanor and upon conviction is punishable by a fine of not less than $500.00 or imprisonment of not more than five years, or both."

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

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