As Passed by the House                        1            

123rd General Assembly                                             4            

   Regular Session                           Sub. 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-CALLENDER-      11           

    TIBERI-BUEHRER-BOYD-CORBIN-LOGAN-COUGHLIN-SALERNO-HARRIS-      12           

  METZGER-GERBERRY-TERWILLEGER-JOLIVETTE-ROBINSON-ROMAN-CATES-     13           

                    HOLLISTER-GOODING-BRITTON                      14           


_________________________________________________________________   15           

                          A   B I L L                                           

             To amend section 2907.08 of the Revised Code to       17           

                expand the offense of voyeurism to specifically    18           

                prohibit "upskirting," "downblousing," and                      

                similar types of activities.                       19           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        21           

      Section 1.  That section 2907.08 of the Revised Code be      23           

amended to read as follows:                                        24           

      Sec. 2907.08.  (A)  No person, for the purpose of sexually   33           

arousing or gratifying the person's self, shall commit trespass    35           

or otherwise surreptitiously invade the privacy of another, to     36           

spy or eavesdrop upon another.                                     37           

      (B)  No person, for the purpose of sexually arousing or      39           

gratifying the person's self, shall commit trespass or otherwise   40           

surreptitiously invade the privacy of another to photograph the    41           

other person in a state of nudity.                                              

      (C)  No person, for the purpose of sexually arousing or      43           

gratifying the person's self, shall commit trespass or otherwise   45           

surreptitiously invade the privacy of another to photograph the    46           

other person in a state of nudity if the other person is a minor.  47           

      (D)  No person, for the purpose of sexually arousing or      50           

                                                          2      


                                                                 
gratifying the person's self, shall commit trespass or otherwise   51           

surreptitiously invade the privacy of another to photograph the                 

other person in a state of nudity if the other person is a minor   53           

and any of the following applies:                                  54           

      (1)  The offender is the minor's natural or adoptive         56           

parent, stepparent, guardian, or custodian, or person in loco      57           

parentis of the minor.                                                          

      (2)  The minor is in custody of law or is a patient in a     59           

hospital or other institution, and the offender has supervisory    60           

or disciplinary authority over the minor.                          61           

      (3)  The offender is a teacher, administrator, coach, or     63           

other person in authority employed by or serving in a school for   64           

which the state board of education prescribes minimum standards    65           

pursuant to division (D) of section 3301.07 of the Revised Code,   67           

the minor is enrolled in or attends that school, and the offender  68           

is not enrolled in and does not attend that school.                69           

      (4)  The offender is a teacher, administrator, coach, or     71           

other person in authority employed by or serving in an             72           

institution of higher education, and the minor is enrolled in or   74           

attends that institution.                                                       

      (5)  The offender is a caregiver, administrator, or other    76           

person in authority employed by or serving in a child day-care     77           

center, type A family day-care home, or type B family day-care     79           

home, and the minor is enrolled in or attends that center or       80           

home.                                                                           

      (6)  The offender is the minor's athletic or other type of   82           

coach, is the minor's instructor, is the leader of a scouting      83           

troop of which the minor is a member, provides babysitting care    84           

for the minor, or is a person with temporary or occasional         85           

disciplinary control over the minor.                                            

      (E)  NO PERSON SHALL SECRETLY OR SURREPTITIOUSLY VIDEOTAPE,  88           

FILM, PHOTOGRAPH, OR OTHERWISE RECORD ANOTHER PERSON UNDER OR      89           

THROUGH THE CLOTHING BEING WORN BY THAT OTHER PERSON FOR THE       90           

PURPOSE OF VIEWING THE BODY OF, OR THE UNDERGARMENTS WORN BY,      92           

                                                          3      


                                                                 
THAT OTHER PERSON.                                                              

      (F)(1)  Whoever violates this section is guilty of           94           

voyeurism.                                                         95           

      (2)  A violation of division (A) of this section is a        98           

misdemeanor of the third degree.                                                

      (3)  A violation of division (B) of this section is a        101          

misdemeanor of the second degree.                                               

      (4)  A violation of division (C) OR (E) of this section is   104          

a misdemeanor of the first degree.                                              

      (5)  A violation of division (D) of this section is a        107          

felony of the fifth degree.                                                     

      (F)(G)  As used in this section:                             109          

      (1)  "Institution of higher education" means a state         111          

institution of higher education as defined in section 3345.031 of  112          

the Revised Code, a private nonprofit college or university        114          

located in this state that possesses a certificate of              115          

authorization issued by the Ohio board of regents pursuant to      116          

Chapter 1713. of the Revised Code, or a school certified under     119          

Chapter 3332. of the Revised Code.                                 121          

      (2)  "Child day-care center," "type A family day-care        124          

home," and "type B family day-care home" have the same meanings    125          

as in section 5104.01 of the Revised Code.                         127          

      (3)  "Babysitting care" has the same meaning as in section   129          

2151.011 of the Revised Code.                                      131          

      Section 2.  That existing section 2907.08 of the Revised     133          

Code is hereby repealed.                                           134