As Reported by the Senate Judiciary Committee            1            

122nd General Assembly                                             4            

   Regular Session                                   S. B. No. 82  5            

      1997-1998                                                    6            


            SENATORS SHEERER-BLESSING-CUPP-B. JOHNSON              8            


                                                                   10           

                           A   B I L L                                          

             To amend section 2907.08 of the Revised Code to       12           

                modify the elements of and penalty for the         13           

                offense of voyeurism.                                           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        14           

      Section 1.  That section 2907.08 of the Revised Code be      16           

amended to read as follows:                                        17           

      Sec. 2907.08.  (A)  No person, for the purpose of sexually   26           

arousing or gratifying himself or herself THE PERSON'S SELF,       27           

shall commit trespass or otherwise surreptitiously invade the      29           

privacy of another, to spy or eavesdrop upon another.              30           

      (B)  NO PERSON, FOR THE PURPOSE OF SEXUALLY AROUSING OR      32           

GRATIFYING THE PERSON'S SELF, SHALL COMMIT TRESPASS OR OTHERWISE   33           

SURREPTITIOUSLY INVADE THE PRIVACY OF ANOTHER TO PHOTOGRAPH THE    34           

OTHER PERSON IN A STATE OF NUDITY.                                              

      (C)(1)  Whoever violates this section is guilty of           36           

voyeurism,.                                                        37           

      (2)  A VIOLATION OF DIVISION (A) OF THIS SECTION IS a        40           

misdemeanor of the third degree.                                                

      (3)(a)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(3)(b)   43           

OR (c) OF THIS SECTION, A VIOLATION OF DIVISION (B) OF THIS        45           

SECTION IS A MISDEMEANOR OF THE SECOND DEGREE.                                  

      (b)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(3)(c) OF   48           

THIS SECTION, IF THE VICTIM OF THE OFFENSE IS A MINOR, A           49           

VIOLATION OF DIVISION (B) OF THIS SECTION IS A MISDEMEANOR OF THE  50           

FIRST DEGREE.                                                                   

      (c)  IF THE VICTIM OF THE OFFENSE IS A MINOR AND THE         52           

                                                          2      

                                                                 
OFFENDER IS A PERSON IN A POSITION OF AUTHORITY OVER THAT MINOR,   53           

A VIOLATION OF DIVISION (B) OF THIS SECTION IS A FELONY OF THE     54           

FIFTH DEGREE.                                                                   

      Section 2.  That existing section 2907.08 of the Revised     56           

Code is hereby repealed.                                           57