As Passed by the Senate 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-SENATORS FINGERHUT-BRADY- 14
HERINGTON-PRENTISS 15
_________________________________________________________________ 17
A B I L L
To amend section 2907.08 of the Revised Code to 19
expand the offense of voyeurism to specifically 20
prohibit "upskirting," "downblousing," and
similar types of activities. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That section 2907.08 of the Revised Code be 25
amended to read as follows: 26
Sec. 2907.08. (A) No person, for the purpose of sexually 35
arousing or gratifying the person's self, shall commit trespass 37
or otherwise surreptitiously invade the privacy of another, to 38
spy or eavesdrop upon another. 39
(B) No person, for the purpose of sexually arousing or 41
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.
(C) No person, for the purpose of sexually arousing or 45
gratifying the person's self, shall commit trespass or otherwise 47
surreptitiously invade the privacy of another to photograph the 48
other person in a state of nudity if the other person is a minor. 49
2
(D) No person, for the purpose of sexually arousing or 52
gratifying the person's self, shall commit trespass or otherwise 53
surreptitiously invade the privacy of another to photograph the
other person in a state of nudity if the other person is a minor 55
and any of the following applies: 56
(1) The offender is the minor's natural or adoptive 58
parent, stepparent, guardian, or custodian, or person in loco 59
parentis of the minor.
(2) The minor is in custody of law or is a patient in a 61
hospital or other institution, and the offender has supervisory 62
or disciplinary authority over the minor. 63
(3) The offender is a teacher, administrator, coach, or 65
other person in authority employed by or serving in a school for 66
which the state board of education prescribes minimum standards 67
pursuant to division (D) of section 3301.07 of the Revised Code, 69
the minor is enrolled in or attends that school, and the offender 70
is not enrolled in and does not attend that school. 71
(4) The offender is a teacher, administrator, coach, or 73
other person in authority employed by or serving in an 74
institution of higher education, and the minor is enrolled in or 76
attends that institution.
(5) The offender is a caregiver, administrator, or other 78
person in authority employed by or serving in a child day-care 79
center, type A family day-care home, or type B family day-care 81
home, and the minor is enrolled in or attends that center or 82
home.
(6) The offender is the minor's athletic or other type of 84
coach, is the minor's instructor, is the leader of a scouting 85
troop of which the minor is a member, provides babysitting care 86
for the minor, or is a person with temporary or occasional 87
disciplinary control over the minor.
(E) NO PERSON SHALL SECRETLY OR SURREPTITIOUSLY VIDEOTAPE, 90
FILM, PHOTOGRAPH, OR OTHERWISE RECORD ANOTHER PERSON UNDER OR 91
THROUGH THE CLOTHING BEING WORN BY THAT OTHER PERSON FOR THE 92
3
PURPOSE OF VIEWING THE BODY OF, OR THE UNDERGARMENTS WORN BY, 94
THAT OTHER PERSON.
(F)(1) Whoever violates this section is guilty of 96
voyeurism. 97
(2) A violation of division (A) of this section is a 100
misdemeanor of the third degree.
(3) A violation of division (B) of this section is a 103
misdemeanor of the second degree.
(4) A violation of division (C) OR (E) of this section is 106
a misdemeanor of the first degree.
(5) A violation of division (D) of this section is a 109
felony of the fifth degree.
(F)(G) As used in this section: 111
(1) "Institution of higher education" means a state 113
institution of higher education as defined in section 3345.031 of 114
the Revised Code, a private nonprofit college or university 116
located in this state that possesses a certificate of 117
authorization issued by the Ohio board of regents pursuant to 118
Chapter 1713. of the Revised Code, or a school certified under 121
Chapter 3332. of the Revised Code. 123
(2) "Child day-care center," "type A family day-care 126
home," and "type B family day-care home" have the same meanings 127
as in section 5104.01 of the Revised Code. 129
(3) "Babysitting care" has the same meaning as in section 131
2151.011 of the Revised Code. 133
Section 2. That existing section 2907.08 of the Revised 135
Code is hereby repealed. 136