Bill Text: IN SB0101 | 2010 | Regular Session | Introduced
Bill Title: Invasion of privacy by photography.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2010-01-05 - First reading: referred to Committee on Corrections, Criminal, and Civil Matters [SB0101 Detail]
Download: Indiana-2010-SB0101-Introduced.html
Citations Affected: IC 35-45-4-6.
Synopsis: Invasion of privacy by photography. Establishes the crime
of invasion of privacy by photography, a Class A misdemeanor.
Provides that the crime is committed if a person, with the intent to: (1)
gratify the person's sexual desires; (2) humiliate or embarrass the
victim; or (3) publish, transmit, or disseminate the photograph;
surreptitiously photographs the private area of an individual under
circumstances in which a reasonable person would believe that the
individual's private area would not be visible to the public. Increases
the penalty to a Class D felony if the person publishes, transmits, or
otherwise disseminates the photograph.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
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(b) A person who, without the consent of the individual:
(1) knowingly or intentionally surreptitiously photographs, video records, or captures a digital image of the private area of an individual by means of camera, a video camera, or any other type of video recording device; or
(2) performs the act described in subdivision (1) under circumstances in which a reasonable person would believe that the individual's private area would not be visible to the public; and
(3) performs the act described in subdivision (1) with the intent to:
(A) gratify the sexual desires of the person;
(B) humiliate or embarrass the individual; or
(C) publish, transmit, or otherwise disseminate the photograph, video, or digital image;
commits invasion of privacy by photography, a Class A misdemeanor. However, the offense is a Class D felony if the person publishes the photograph, video, or digital image, or otherwise transmits or disseminates the photograph, video, or digital image to another person.