Bill Text: MS HB243 | 2015 | Regular Session | Introduced


Bill Title: Voyeurism; revise meaning of.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-02-03 - Died In Committee [HB243 Detail]

Download: Mississippi-2015-HB243-Introduced.html

MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Judiciary B

By: Representative Moak

House Bill 243

AN ACT TO AMEND SECTIONS 97-29-61 AND 97-29-63, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS OF LAW THAT REGULATE VOYEURISM AND NONCONSENSUAL PHOTOGRAPHY OR RECORDING; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 97-29-61, Mississippi Code of 1972, is amended as follows:

     97-29-61.  (1)  Any person who enters or remains upon real property whether the original entry is legal or not, and thereafter pries or peeps through a window or other opening in a dwelling or other building structure for the lewd, licentious and indecent purpose of spying upon the occupants or the sexual conduct, genitals, or an undergarment worn by the occupants that are not publicly visible, thereof, shall be guilty of a felonious trespass, and upon conviction shall be imprisoned in the custody of the Department of Corrections not more than five (5) years.

     (2)  When one or more occupants spied upon, in violation of subsection (1) of this section, is a child under sixteen (16) years of age, a person who violates subsection (1) of this section shall be guilty of felonious trespass, and upon conviction shall be imprisoned in the custody of the Department of Corrections not more than ten (10) years.

     SECTION 2.  Section 97-29-63, Mississippi Code of 1972, is amended as follows:

     97-29-63.  (1)  Any person who with lewd, licentious or indecent intent secretly photographs, films, videotapes, records or otherwise reproduces the image of another person, the sexual conduct of another, the genitals of another or the undergarment of another person that is not publicly visible, without the permission of such person when such a person is located in a place where a person would intend to be in a state of undress and have a reasonable expectation of privacy, including, but not limited to, private dwellings or any facility, public or private, used as a restroom, bathroom, shower room, tanning booth, locker room, fitting room, dressing room or bedroom shall be guilty of a felony and upon conviction shall be punished by a fine of Five Thousand Dollars ($5,000.00) or by imprisonment of not more than five (5) years in the custody of the Department of Corrections, or both.

     (2)  Where the person who is secretly photographed, filmed, videotaped or otherwise reproduced is a child under sixteen (16) years of age, a person who violates subsection (1) of this section shall be guilty of a felony and upon conviction shall be punished by a fine of Five Thousand Dollars ($5,000.00) or by imprisonment of not more than ten (10) years in the custody of the Department of Corrections, or both.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2015.


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