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H. B. No. 310 As Passed by the House
As Passed by the House
126th General Assembly | Regular Session | 2005-2006 |
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Representatives Oelslager, Fessler, C. Evans, Setzer, McGregor, J., Carano, Gilb, Latta, Combs, Reidelbach, Schaffer, Perry, Collier, Fende, Webster, Hughes, Evans, D., Seitz, Willamowski, Bubp, Aslanides, Barrett, Beatty, Blessing, Book, Brown, Buehrer, Calvert, Cassell, DeBose, Distel, Domenick, Flowers, Garrison, Gibbs, Harwood, Healy, Hood, Hoops, Key, Mason, Miller, Mitchell, Otterman, Sayre, Skindell, Stewart, D., Stewart, J., Taylor, Williams, Woodard, Yates, Yuko
A BILL
To amend section 2907.08 of the Revised Code to clarify that the prohibitions it sets forth that refer to conduct involving the photographing of another also apply to conduct involving the videotaping, filming, or other recording of another.
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 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 videotape, film, photograph, or otherwise record 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 videotape, film, photograph, or otherwise record 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 videotape, film, photograph, or otherwise record 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) No person shall secretly or surreptitiously
videotape,
film, photograph, or otherwise record another person
under or
through
the clothing being worn by that other person for the
purpose of
viewing the body of, or
the undergarments worn by, that
other person. (F)(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) or (E) 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. (G) 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" means care provided for a child while
the parents,
guardian, or legal custodian of the child is
are
temporarily away.
Section 2. That existing section 2907.08 of the Revised Code is hereby repealed.
Section 3. The General Assembly hereby declares that its purpose in amending divisions (B), (C), and (D) of section 2907.08 of the Revised Code in Section 1 of this act is to clarify the meaning of the term "photograph" as used in those divisions. The General Assembly declares that it believes that the term "photograph," as used in those divisions as they existed prior to the effective date of this act, included within its scope all types of the recording of an image, including, but not limited to, videotaping, filming, photographing, or otherwise recording an image; that it is not its intent in amending those divisions to declare or otherwise give the impression that, prior to the effective date of this act, the term "photograph" as used in those divisions did not include within its scope videotaping, filming, or other recording of an image; and that it believes that the amendments to those divisions are not substantive in nature and merely clarify the fact that the term "photograph" as used in those divisions includes within its scope all types of the recording of an image, including, but not limited to, videotaping, filming, photographing, or otherwise recording an image. Further, the General Assembly hereby declares that the amendments to those divisions do not invalidate, and shall not be construed as invalidating, any prior convictions for violating a prohibition contained in any of those divisions prior to the effective date of this act based on conduct that involved videotaping, filming, or other recording of an image. Section 4. Section 2907.08 of the Revised Code is presented
in this act
as a composite of the section as amended by Sub. H.B. 332, Sub. H.B. 448, and Sub. H.B. 504 of the 123rd General Assembly. The
General Assembly, applying the
principle stated in division (B) of
section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composite is the resulting
version of the section in
effect prior to the effective date of
the section as presented in
this act.
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