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