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As Reported by the House Criminal Justice Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. 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-
REPRESENTATIVES JERSE-MASON-TAYLOR-FORD-LUCAS-SUTTON
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) 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 IF THE
OTHER PERSON IS A MINOR.
(D) 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 IF THE OTHER PERSON IS A MINOR AND ANY OF THE
FOLLOWING APPLIES:
(1) THE OFFENDER IS THE MINOR'S NATURAL OR ADOPTIVE PARENT, STEPPARENT,
GUARDIAN, OR CUSTODIAN, OR PERSON IN LOCO PARENTIS OF THE MINOR.
(2) THE MINOR IS IN CUSTODY OF LAW OR IS A PATIENT IN A HOSPITAL OR OTHER
INSTITUTION, AND THE OFFENDER HAS SUPERVISORY OR DISCIPLINARY AUTHORITY OVER
THE MINOR.
(3) THE OFFENDER IS A TEACHER, ADMINISTRATOR, COACH, OR OTHER PERSON IN
AUTHORITY EMPLOYED BY OR SERVING IN A SCHOOL FOR WHICH THE STATE BOARD OF
EDUCATION PRESCRIBES MINIMUM STANDARDS PURSUANT TO DIVISION
(D) OF SECTION 3301.07 OF THE
REVISED CODE,
THE MINOR IS ENROLLED IN OR ATTENDS THAT SCHOOL, AND THE OFFENDER IS NOT
ENROLLED IN AND DOES NOT ATTEND THAT SCHOOL.
(4) THE OFFENDER IS A TEACHER, ADMINISTRATOR, COACH, OR OTHER PERSON IN
AUTHORITY EMPLOYED BY OR SERVING IN AN INSTITUTION OF HIGHER EDUCATION, AND
THE
MINOR IS ENROLLED IN OR ATTENDS THAT INSTITUTION.
(5) THE OFFENDER IS A CAREGIVER, ADMINISTRATOR, OR OTHER PERSON IN
AUTHORITY EMPLOYED BY OR SERVING IN A CHILD DAY-CARE CENTER, TYPE
A FAMILY DAY-CARE HOME, OR TYPE
B FAMILY DAY-CARE HOME, AND THE MINOR IS
ENROLLED IN OR ATTENDS THAT CENTER OR HOME.
(6) THE OFFENDER IS THE MINOR'S ATHLETIC OR OTHER TYPE OF COACH, IS THE
MINOR'S INSTRUCTOR, IS THE LEADER OF A SCOUTING TROOP OF WHICH THE MINOR IS A
MEMBER, PROVIDES BABYSITTING CARE FOR THE MINOR, OR IS A PERSON
WITH TEMPORARY OR OCCASIONAL DISCIPLINARY CONTROL OVER THE MINOR.
(E)(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 VIOLATION OF DIVISION (B)
OF THIS SECTION IS A MISDEMEANOR OF THE SECOND DEGREE.
(4) A VIOLATION OF DIVISION (C) OF THIS
SECTION IS A MISDEMEANOR OF THE FIRST DEGREE.
(5) A VIOLATION OF DIVISION (D) OF THIS
SECTION IS A FELONY OF THE FIFTH DEGREE.
(F) AS USED IN THIS SECTION:
(1) "INSTITUTION OF HIGHER EDUCATION" MEANS A STATE INSTITUTION OF HIGHER
EDUCATION AS DEFINED IN SECTION 3345.031 OF THE
REVISED CODE,
A PRIVATE NONPROFIT COLLEGE OR UNIVERSITY LOCATED IN THIS STATE THAT POSSESSES
A CERTIFICATE OF AUTHORIZATION ISSUED BY THE
OHIO BOARD OF REGENTS PURSUANT TO
CHAPTER 1713. OF THE
REVISED CODE,
OR A SCHOOL CERTIFIED UNDER CHAPTER 3332. OF
THE REVISED
CODE.
(2) "CHILD DAY-CARE CENTER," "TYPE A
FAMILY DAY-CARE HOME," AND "TYPE B FAMILY
DAY-CARE HOME" HAVE THE SAME MEANINGS AS IN SECTION 5104.01 OF THE
REVISED
CODE.
(3) "BABYSITTING CARE" HAS THE SAME MEANING AS IN SECTION 2151.011 OF THE
REVISED
CODE.
Section 2. That existing section 2907.08 of the Revised Code is hereby
repealed.
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