As Passed by the Senate                       1            

122nd General Assembly                                             4            

   Regular Session                                   S. B. No. 82  5            

      1997-1998                                                    6            


   SENATORS SHEERER-BLESSING-CUPP-B. JOHNSON-KEARNS-OELSLAGER-     8            

  GAETH-McLIN-HAGAN-LATTA-GARDNER-DIX-HOWARD-CARNES-SUHADOLNIK-    9            

     WATTS-GILLMOR-SCHAFRATH-HERINGTON-ESPY-J. JOHNSON-DRAKE       10           


                                                                   12           

                           A   B I L L                                          

             To amend section 2907.08 of the Revised Code to       14           

                modify the elements of and penalty for the         15           

                offense of voyeurism.                                           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        16           

      Section 1.  That section 2907.08 of the Revised Code be      18           

amended to read as follows:                                        19           

      Sec. 2907.08.  (A)  No person, for the purpose of sexually   28           

arousing or gratifying himself or herself THE PERSON'S SELF,       29           

shall commit trespass or otherwise surreptitiously invade the      31           

privacy of another, to spy or eavesdrop upon another.              32           

      (B)  NO PERSON, FOR THE PURPOSE OF SEXUALLY AROUSING OR      34           

GRATIFYING THE PERSON'S SELF, SHALL COMMIT TRESPASS OR OTHERWISE   35           

SURREPTITIOUSLY INVADE THE PRIVACY OF ANOTHER TO PHOTOGRAPH THE    36           

OTHER PERSON IN A STATE OF NUDITY.                                              

      (C)(1)  Whoever violates this section is guilty of           38           

voyeurism,.                                                        39           

      (2)  A VIOLATION OF DIVISION (A) OF THIS SECTION IS a        42           

misdemeanor of the third degree.                                                

      (3)(a)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(3)(b)   45           

OR (c) OF THIS SECTION, A VIOLATION OF DIVISION (B) OF THIS        47           

SECTION IS A MISDEMEANOR OF THE SECOND DEGREE.                                  

      (b)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(3)(c) OF   50           

THIS SECTION, IF THE VICTIM OF THE OFFENSE IS A MINOR, A           51           

VIOLATION OF DIVISION (B) OF THIS SECTION IS A MISDEMEANOR OF THE  52           

                                                          2      

                                                                 
FIRST DEGREE.                                                                   

      (c)  IF THE VICTIM OF THE OFFENSE IS A MINOR AND THE         54           

OFFENDER IS A PERSON IN A POSITION OF AUTHORITY OVER THAT MINOR,   55           

A VIOLATION OF DIVISION (B) OF THIS SECTION IS A FELONY OF THE     56           

FIFTH DEGREE.                                                                   

      Section 2.  That existing section 2907.08 of the Revised     58           

Code is hereby repealed.                                           59