H.B.
74
127th General Assembly
(As Introduced)
Reps. Schlichter, J. McGregor, Bacon, Wagoner, Setzer, Fende, Dodd, Combs, Adams, Collier
BILL SUMMARY
· Modifies the elements of voyeurism for the purpose of sexual gratification or arousal when the victim is a minor in a state of nudity so that it prohibits a person, for the purpose of sexually arousing or gratifying the person's self, from trespassing or otherwise surreptitiously invading the privacy of a minor person to spy upon (instead of current law's videotape, film, photograph, or otherwise record) the minor person in a state of nudity.
· Increases the penalty for the offense of voyeurism committed in the manner described in the previous dot point to a felony of the third degree in all cases.
CONTENT AND OPERATION
Under current law one of the ways in which a person commits the offense of voyeurism is if the person, for the purpose of sexually arousing or gratifying the person's self, commits trespass or otherwise surreptitiously invades the privacy of a minor person to videotape, film, photograph, or otherwise record the minor person in a state of nudity (see COMMENT for other ways in which a person commits the offense of voyeurism). A violation of this offense is a misdemeanor of the first degree. (R.C. 2907.08(C) and (F)(4).)
The bill modifies this prohibition to instead prohibit a person, for the purpose of sexually arousing or gratifying the person's self, from trespassing or otherwise surreptitiously invading the privacy of a minor person to spy upon (instead of current law's videotape, film, photograph, or otherwise record) the minor person in a state of nudity. The bill also increases the penalty for a violation of this prohibition from a misdemeanor of the first degree to a felony of the third degree. (R.C. 2907.09(C) and (E).)
Current law also provides that a person commits the offense of voyeurism against a minor when the person, for the purpose of sexually arousing or gratifying the person's self, commits trespass or otherwise surreptitiously invades 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 (R.C. 2907.09(D)):
(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, 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.
A violation of this prohibition is a felony of the fifth degree.
Because the bill increased the penalty for voyeurism when the victim is a minor in a state of nudity in all cases, the bill removes this special prohibition from the offense of voyeurism. (Removal of existing R.C. 2907.09(D) and (G) and conforming change in R.C. 2950.07(B)(2)(a).)
COMMENT
A person also commits the offense of voyeurism, regardless of whether the victim is an adult or a minor, if the person does any of the following (R.C. 2907.09(A), (B), and (D)):
(1) For the purpose of sexually arousing or gratifying the person's self, commits trespass or otherwise surreptitiously invades the privacy of another, to spy or eavesdrop upon another (a misdemeanor of the third degree);
(2) For the purpose of sexually arousing or gratifying the person's self, commits trespass or otherwise surreptitiously invades the privacy of another to videotape, film, photograph, or otherwise record the other person in a state of nudity (a misdemeanor of the second degree);
(3) Secretly or surreptitiously videotapes, films, photographs, or otherwise records 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 (a misdemeanor of the first degree).
HISTORY
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ACTION |
DATE |
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Introduced |
02-27-07 |
h0074-i-127.doc/kl