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Sub. H. B. No. 74 As Passed by the SenateAs Passed by the Senate
127th General Assembly | Regular Session | 2007-2008 |
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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.
Senators Schaffer, Stivers, Fedor, Turner, Carey, Cates, Harris, Padgett
A BILL
To amend section 2907.08 of the Revised
Code to make
spying or eavesdropping upon a minor in a state of
nudity for the
purpose of sexual gratification or
arousal a
felony of the fifth degree under all
circumstances.
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, or spy or eavesdrop upon 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)(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) or (E)(D) of this
section is
a
misdemeanor of the first degree.
(5) A violation of division (D)(C) 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
temporarily away.
Section 2. That existing section 2907.08 of the
Revised Code
is hereby repealed.
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