As Passed by the House

127th General Assembly Regular Session 2007-2008

Sub. H. B. No. 74

Representative Schlichter 

Cosponsors: Representatives McGregor, J., Bacon, Wagoner, Setzer, Fende, Dodd, Combs, Adams, Collier, Aslanides, Batchelder, Boyd, Daniels, DeBose, Domenick, Dyer, Evans, Flowers, Gibbs, Goyal, Hagan, J., Harwood, Heard, Hughes, Luckie, Mandel, Patton, Schindel, Szollosi, Williams, B. 

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A BILL

To amend section 2907.08 of the Revised Code to make

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spying or eavesdropping upon a minor in a state of

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nudity for the purpose of sexual gratification or

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arousal a felony of the fourth degree under all

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circumstances.

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

Section 1. That section 2907.08 of the Revised Code be	6
amended to read as follows:	7

Sec. 2907.08.  (A) No person, for the purpose of sexually	8
arousing or gratifying the person's self, shall commit trespass or	9
otherwise surreptitiously invade the privacy of another, to spy or	10
eavesdrop upon another.	11

(B) No person, for the purpose of sexually arousing or	12
gratifying the person's self, shall commit trespass or otherwise	13
surreptitiously invade the privacy of another to videotape, film,	14
photograph, or otherwise record the other person in a state of	15
nudity.	16

(C) No person, for the purpose of sexually arousing or	17
gratifying the person's self, shall commit trespass or otherwise	18
surreptitiously invade the privacy of another to videotape, film,	19
photograph, or otherwise record, or to spy or eavesdrop upon the	20
other person in a state of nudity if the other person is a minor.	21

(D) No person, for the purpose of sexually arousing or	22
gratifying the person's self, shall commit trespass or otherwise	23
surreptitiously invade the privacy of another to videotape, film,	24
photograph, or otherwise record the other person in a state of	25
nudity if the other person is a minor and any of the following	26
applies:	27

(1) The offender is the minor's natural or adoptive parent,	28
stepparent, guardian, or custodian, or person in loco parentis of	29
the minor.	30

(2) The minor is in custody of law or is a patient in a	31
hospital or other institution, and the offender has supervisory or	32
disciplinary authority over the minor.	33

(3) The offender is a teacher, administrator, coach, or other	34
person in authority employed by or serving in a school for which	35
the state board of education prescribes minimum standards pursuant	36
to division (D) of section 3301.07 of the Revised Code, the minor	37
is enrolled in or attends that school, and the offender is not	38
enrolled in and does not attend that school.	39

(4) The offender is a teacher, administrator, coach, or other	40
person in authority employed by or serving in an institution of	41
higher education, and the minor is enrolled in or attends that	42
institution.	43

(5) The offender is a caregiver, administrator, or other	44
person in authority employed by or serving in a child day-care	45
center, type A family day-care home, or type B family day-care	46
home, and the minor is enrolled in or attends that center or home.	47

(6) The offender is the minor's athletic or other type of	48
coach, is the minor's instructor, is the leader of a scouting	49
troop of which the minor is a member, provides babysitting care	50
for the minor, or is a person with temporary or occasional	51
disciplinary control over the minor.	52

(E) No person shall secretly or surreptitiously videotape,	53
film, photograph, or otherwise record another person under or	54
through the clothing being worn by that other person for the	55
purpose of viewing the body of, or the undergarments worn by, that	56
other person.	57

(F)(E)(1) Whoever violates this section is guilty of	58
voyeurism.	59

(2) A violation of division (A) of this section is a	60
misdemeanor of the third degree.	61

(3) A violation of division (B) of this section is a	62
misdemeanor of the second degree.	63

(4) A violation of division (C) or (E)(D) of this section is	64
a misdemeanor of the first degree.	65

(5) A violation of division (D)(C) of this section is a	66
felony of the fifthfourth degree.	67

(G) As used in this section:

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(1) "Institution of higher education" means a state	69
institution of higher education as defined in section 3345.031 of	70
the Revised Code, a private nonprofit college or university	71
located in this state that possesses a certificate of	72
authorization issued by the Ohio board of regents pursuant to	73
Chapter 1713. of the Revised Code, or a school certified under	74
Chapter 3332. of the Revised Code.	75

(2) "Child day-care center," "type A family day-care home,"	76
and "type B family day-care home" have the same meanings as in	77
section 5104.01 of the Revised Code.	78

(3) "Babysitting care" means care provided for a child while	79
the parents, guardian, or legal custodian of the child is	80
temporarily away.	81

Section 2. That existing section 2907.08 of the Revised Code	82
is hereby repealed.	83