As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 504 5
1999-2000 6
REPRESENTATIVES JERSE-SULLIVAN-JAMES-JORDAN-ALLEN-FLANNERY- 8
PATTON-D. MILLER-SCHURING-PRINGLE-HOOPS-PERRY-FORD-BARRETT- 9
DePIERO-REDFERN-SULZER-SMITH-HARTNETT-SUTTON-WOMER BENJAMIN- 10
METELSKY-WILSON-FERDERBER-JONES-BARNES-ROBERTS 11
_________________________________________________________________ 12
A B I L L
To amend section 2907.08 of the Revised Code to 14
expand the offense of voyeurism to specifically 15
prohibit "upskirting," "downblousing," and
similar types of activities. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That section 2907.08 of the Revised Code be 20
amended to read as follows: 21
Sec. 2907.08. (A) No person, for the purpose of sexually 30
arousing or gratifying the person's self, shall commit trespass 32
or otherwise surreptitiously invade the privacy of another, to 33
spy or eavesdrop upon another. 34
(B) No person, for the purpose of sexually arousing or 36
gratifying the person's self, shall commit trespass or otherwise 37
surreptitiously invade the privacy of another to photograph the 38
other person in a state of nudity.
(C) No person, for the purpose of sexually arousing or 40
gratifying the person's self, shall commit trespass or otherwise 42
surreptitiously invade the privacy of another to photograph the 43
other person in a state of nudity if the other person is a minor. 44
(D) No person, for the purpose of sexually arousing or 47
gratifying the person's self, shall commit trespass or otherwise 48
surreptitiously invade the privacy of another to photograph the
other person in a state of nudity if the other person is a minor 50
2
and any of the following applies: 51
(1) The offender is the minor's natural or adoptive 53
parent, stepparent, guardian, or custodian, or person in loco 54
parentis of the minor.
(2) The minor is in custody of law or is a patient in a 56
hospital or other institution, and the offender has supervisory 57
or disciplinary authority over the minor. 58
(3) The offender is a teacher, administrator, coach, or 60
other person in authority employed by or serving in a school for 61
which the state board of education prescribes minimum standards 62
pursuant to division (D) of section 3301.07 of the Revised Code, 64
the minor is enrolled in or attends that school, and the offender 65
is not enrolled in and does not attend that school. 66
(4) The offender is a teacher, administrator, coach, or 68
other person in authority employed by or serving in an 69
institution of higher education, and the minor is enrolled in or 71
attends that institution.
(5) The offender is a caregiver, administrator, or other 73
person in authority employed by or serving in a child day-care 74
center, type A family day-care home, or type B family day-care 76
home, and the minor is enrolled in or attends that center or 77
home.
(6) The offender is the minor's athletic or other type of 79
coach, is the minor's instructor, is the leader of a scouting 80
troop of which the minor is a member, provides babysitting care 81
for the minor, or is a person with temporary or occasional 82
disciplinary control over the minor.
(E) NO PERSON, FOR THE PURPOSE OF SEXUALLY AROUSING OR 84
GRATIFYING THE PERSON'S SELF, SHALL SECRETLY OR SURREPTITIOUSLY 86
VIDEOTAPE, FILM, PHOTOGRAPH, OR OTHERWISE RECORD ANOTHER PERSON 87
UNDER OR THROUGH THE CLOTHING BEING WORN BY THAT OTHER PERSON FOR 89
THE PURPOSE OF VIEWING THE BODY OF, OR THE UNDERGARMENTS WORN BY, 91
THAT OTHER PERSON, WITHOUT THE KNOWLEDGE AND CONSENT OF THAT 92
OTHER PERSON, UNDER CIRCUMSTANCES IN WHICH THAT OTHER PERSON HAS 93
3
A REASONABLE EXPECTATION OF PRIVACY.
(F)(1) Whoever violates this section is guilty of 95
voyeurism. 96
(2) A violation of division (A) of this section is a 99
misdemeanor of the third degree.
(3) A violation of division (B) of this section is a 102
misdemeanor of the second degree.
(4) A violation of division (C) OR (E) of this section is 105
a misdemeanor of the first degree.
(5) A violation of division (D) of this section is a 108
felony of the fifth degree.
(F)(G) As used in this section: 110
(1) "Institution of higher education" means a state 112
institution of higher education as defined in section 3345.031 of 113
the Revised Code, a private nonprofit college or university 115
located in this state that possesses a certificate of 116
authorization issued by the Ohio board of regents pursuant to 117
Chapter 1713. of the Revised Code, or a school certified under 120
Chapter 3332. of the Revised Code. 122
(2) "Child day-care center," "type A family day-care 125
home," and "type B family day-care home" have the same meanings 126
as in section 5104.01 of the Revised Code. 128
(3) "Babysitting care" has the same meaning as in section 130
2151.011 of the Revised Code. 132
Section 2. That existing section 2907.08 of the Revised 134
Code is hereby repealed. 135