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SB 82
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As Passed by the Senate

122nd General Assembly
Regular Session
1997-1998

S. B. No. 82

SENATORS SHEERER-BLESSING-CUPP-B. JOHNSON-KEARNS-OELSLAGER- GAETH-McLIN-HAGAN-LATTA-GARDNER-DIX-HOWARD-CARNES-SUHADOLNIK- WATTS-GILLMOR-SCHAFRATH-HERINGTON-ESPY-J. JOHNSON-DRAKE

A BILL

To amend section 2907.08 of the Revised Code to modify the elements of and penalty for the offense of voyeurism.

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

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

Sec. 2907.08. (A) No person, for the purpose of sexually arousing or gratifying ~~himself or herself~~ THE PERSON'S SELF, shall commit trespass or otherwise surreptitiously invade the privacy of another, to spy or eavesdrop upon another.

(B) NO PERSON, FOR THE PURPOSE OF SEXUALLY AROUSING OR GRATIFYING THE PERSON'S SELF, SHALL COMMIT TRESPASS OR OTHERWISE SURREPTITIOUSLY INVADE THE PRIVACY OF ANOTHER TO PHOTOGRAPH THE OTHER PERSON IN A STATE OF NUDITY.

(C)(1) Whoever violates this section is guilty of voyeurism,.

(2) A VIOLATION OF DIVISION (A) OF THIS SECTION IS a misdemeanor of the third degree.

(3)(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(3)(b) OR (c) OF THIS SECTION, A VIOLATION OF DIVISION (B) OF THIS SECTION IS A MISDEMEANOR OF THE SECOND DEGREE.

(b) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(3)(c) OF THIS SECTION, IF THE VICTIM OF THE OFFENSE IS A MINOR, A VIOLATION OF DIVISION (B) OF THIS SECTION IS A MISDEMEANOR OF THE FIRST DEGREE.

(c) IF THE VICTIM OF THE OFFENSE IS A MINOR AND THE OFFENDER IS A PERSON IN A POSITION OF AUTHORITY OVER THAT MINOR, A VIOLATION OF DIVISION (B) OF THIS SECTION IS A FELONY OF THE FIFTH DEGREE.

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 That existing section 2907.08 of the Revised Code is hereby repealed.