As Passed by the House 1
122nd General Assembly 4
Regular Session Sub. 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
REPRESENTATIVES JERSE-MASON-TAYLOR-FORD-LUCAS-SUTTON-BEATTY- 11
TAVARES-VESPER-VERICH-BOYD-COLONNA-GERBERRY-MOTTL-MOTTLEY- 12
HARRIS-METZGER-GRENDELL-O'BRIEN-MAIER-JAMES-KASPUTIS-PATTON- 13
TERWILLEGER-MILLER-WHALEN-WILLAMOWSKI-PRINGLE-CORE-BRITTON- 14
MALLORY-REID-ROMAN-JOHNSON-PADGETT-WOMER BENJAMIN-OLMAN-SALERNO 15
17
A B I L L
To amend section 2907.08 of the Revised Code to 19
modify the elements of and penalty for the 20
offense of voyeurism. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That section 2907.08 of the Revised Code be 24
amended to read as follows: 25
Sec. 2907.08. (A) No person, for the purpose of sexually 34
arousing or gratifying himself or herself THE PERSON'S SELF, 35
shall commit trespass or otherwise surreptitiously invade the 37
privacy of another, to spy or eavesdrop upon another. 38
(B) NO PERSON, FOR THE PURPOSE OF SEXUALLY AROUSING OR 40
GRATIFYING THE PERSON'S SELF, SHALL COMMIT TRESPASS OR OTHERWISE 41
SURREPTITIOUSLY INVADE THE PRIVACY OF ANOTHER TO PHOTOGRAPH THE 42
OTHER PERSON IN A STATE OF NUDITY.
(C) NO PERSON, FOR THE PURPOSE OF SEXUALLY AROUSING OR 44
GRATIFYING THE PERSON'S SELF, SHALL COMMIT TRESPASS OR OTHERWISE 46
SURREPTITIOUSLY INVADE THE PRIVACY OF ANOTHER TO PHOTOGRAPH THE 47
OTHER PERSON IN A STATE OF NUDITY IF THE OTHER PERSON IS A MINOR. 48
(D) NO PERSON, FOR THE PURPOSE OF SEXUALLY AROUSING OR 51
2
GRATIFYING THE PERSON'S SELF, SHALL COMMIT TRESPASS OR OTHERWISE 52
SURREPTITIOUSLY INVADE THE PRIVACY OF ANOTHER TO PHOTOGRAPH THE
OTHER PERSON IN A STATE OF NUDITY IF THE OTHER PERSON IS A MINOR 54
AND ANY OF THE FOLLOWING APPLIES: 55
(1) THE OFFENDER IS THE MINOR'S NATURAL OR ADOPTIVE 57
PARENT, STEPPARENT, GUARDIAN, OR CUSTODIAN, OR PERSON IN LOCO 58
PARENTIS OF THE MINOR.
(2) THE MINOR IS IN CUSTODY OF LAW OR IS A PATIENT IN A 60
HOSPITAL OR OTHER INSTITUTION, AND THE OFFENDER HAS SUPERVISORY 61
OR DISCIPLINARY AUTHORITY OVER THE MINOR. 62
(3) THE OFFENDER IS A TEACHER, ADMINISTRATOR, COACH, OR 64
OTHER PERSON IN AUTHORITY EMPLOYED BY OR SERVING IN A SCHOOL FOR 65
WHICH THE STATE BOARD OF EDUCATION PRESCRIBES MINIMUM STANDARDS 66
PURSUANT TO DIVISION (D) OF SECTION 3301.07 OF THE REVISED CODE, 68
THE MINOR IS ENROLLED IN OR ATTENDS THAT SCHOOL, AND THE OFFENDER 69
IS NOT ENROLLED IN AND DOES NOT ATTEND THAT SCHOOL. 70
(4) THE OFFENDER IS A TEACHER, ADMINISTRATOR, COACH, OR 72
OTHER PERSON IN AUTHORITY EMPLOYED BY OR SERVING IN AN 73
INSTITUTION OF HIGHER EDUCATION, AND THE MINOR IS ENROLLED IN OR 75
ATTENDS THAT INSTITUTION.
(5) THE OFFENDER IS A CAREGIVER, ADMINISTRATOR, OR OTHER 77
PERSON IN AUTHORITY EMPLOYED BY OR SERVING IN A CHILD DAY-CARE 78
CENTER, TYPE A FAMILY DAY-CARE HOME, OR TYPE B FAMILY DAY-CARE 80
HOME, AND THE MINOR IS ENROLLED IN OR ATTENDS THAT CENTER OR 81
HOME.
(6) THE OFFENDER IS THE MINOR'S ATHLETIC OR OTHER TYPE OF 83
COACH, IS THE MINOR'S INSTRUCTOR, IS THE LEADER OF A SCOUTING 84
TROOP OF WHICH THE MINOR IS A MEMBER, PROVIDES BABYSITTING CARE 85
FOR THE MINOR, OR IS A PERSON WITH TEMPORARY OR OCCASIONAL 86
DISCIPLINARY CONTROL OVER THE MINOR.
(E)(1) Whoever violates this section is guilty of 88
voyeurism,. 89
(2) A VIOLATION OF DIVISION (A) OF THIS SECTION IS a 92
misdemeanor of the third degree.
3
(3) A VIOLATION OF DIVISION (B) OF THIS SECTION IS A 95
MISDEMEANOR OF THE SECOND DEGREE.
(4) A VIOLATION OF DIVISION (C) OF THIS SECTION IS A 98
MISDEMEANOR OF THE FIRST DEGREE.
(5) A VIOLATION OF DIVISION (D) OF THIS SECTION IS A 101
FELONY OF THE FIFTH DEGREE.
(F) AS USED IN THIS SECTION: 103
(1) "INSTITUTION OF HIGHER EDUCATION" MEANS A STATE 105
INSTITUTION OF HIGHER EDUCATION AS DEFINED IN SECTION 3345.031 OF 106
THE REVISED CODE, A PRIVATE NONPROFIT COLLEGE OR UNIVERSITY 108
LOCATED IN THIS STATE THAT POSSESSES A CERTIFICATE OF 109
AUTHORIZATION ISSUED BY THE OHIO BOARD OF REGENTS PURSUANT TO 111
CHAPTER 1713. OF THE REVISED CODE, OR A SCHOOL CERTIFIED UNDER 113
CHAPTER 3332. OF THE REVISED CODE. 115
(2) "CHILD DAY-CARE CENTER," "TYPE A FAMILY DAY-CARE 118
HOME," AND "TYPE B FAMILY DAY-CARE HOME" HAVE THE SAME MEANINGS 119
AS IN SECTION 5104.01 OF THE REVISED CODE. 121
(3) "BABYSITTING CARE" HAS THE SAME MEANING AS IN SECTION 123
2151.011 OF THE REVISED CODE. 125
Section 2. That existing section 2907.08 of the Revised 127
Code is hereby repealed. 128