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
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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