S.22.2-2: No Voyeuristic Creeps Act (PASSED)

[fhtagn]

NO VOYEURISTIC CREEPS ACT

TITLE I: VOYEURISM AND PEEPING

1. It shall be a misdemeanor punishable by not more than one (1) year imprisonment and a fine of not more than $5,000.00 for any person to enter upon the property of another and secretly or furtively peep, spy, or attempt to peep or spy into or through a window, door, closet, or other aperture of any building, structure, vehicle, or other enclosure of any nature occupied or intended for occupancy as a dwelling, whether or not such building, structure, vehicle, or enclosure is permanently situated or transportable and whether or not such occupancy is permanent or temporary, or to do the same, without just cause, upon property owned by him and leased or rented to another under circumstances that would violate the occupant's reasonable expectation of privacy. A person convicted of such crime on three (3) separate occasions within a five (5) year period shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.

2. It shall be a misdemeanor punishable by not more than one (1) year imprisonment and a fine of not more than $5,000.00 for any person to use a peephole or other aperture to secretly or furtively peep, spy, or attempt to peep or spy into a restroom, dressing room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom, or other location or enclosure for the purpose of viewing any nonconsenting person who is totally nude, clad in undergarments, or in a state of undress exposing the genitals, pubic area, buttocks or breast and the circumstances are such that the person would otherwise have a reasonable expectation of privacy. Peephole means any hole, crack or other similar opening through which a person can see. A person convicted of such crime on three (3) separate occasions within a five (5) year period shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.

3. It shall be a felony punishable by imprisonment for no more than one (1) year and a fine of no more than $10,000.00 for any person to promote voyeurism in all States and external territories of the Southern Region. Any person convicted of promoting voyeurism shall be required to register as a sex offender an shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling. A person has committed the crime promoting voyuerism when he knowingly:

   A. produces, distributes, sells, transmits, finances, possesses with the intent to distribute, sell, or transmit, or makes any attempt to produce, distribute, sell, transmit, or finance an obscene item depicting or purporting to depict a person engaged in an act prohibited by this title;

   B. causes another person by force, threat, or intimidation to engage in conduct as prohibited by this title; or

   C. permits conduct prohibited by this title on any premises under his ownership or control.

4. The provisions of this section shall not apply to a lawful criminal investigation or a correctional official or local, State, or regional jail official conducting surveillance for security purposes or during an investigation of alleged misconduct involving an incarcerated person.

TITLE II: UNSOLICITED NUDES

1. It shall be a misdemeanor punishable by not more than one (1) year imprisonment and a fine of not more than $5,000.00 for any person, with the intent to coerce, intimidate, or harass any person, to use a computer, computer network, or other electronic communication device to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act. A person convicted of such crime on three (3) separate occasions within a five (5) year period shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling. Such act shall also be considered a civil trespass and the violator shall be liable to the recipient of the intimate image for actual damages or $500.00, whichever is greater, in addition to reasonable attorney fees and costs. The court may also enjoin and restrain the defendant from committing such further acts.

2. It shall be a misdemeanor punishable by not more than one (1) year imprisonment and a fine of not more than $5,000.00 for any adult person to knowingly transmit an intimate image by computer or other electronic means to the computer or electronic communication device of another adult person when such other person has not consented to the use of his computer or electronic communication device for the receipt of such material or has expressly forbidden the receipt of such material. A person convicted of such crime on three (3) separate occasions within a five (5) year period shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling. Such act shall also be considered a civil trespass and the violator shall be liable to the recipient of the intimate image for actual damages or $500.00, whichever is greater, in addition to reasonable attorney fees and costs. The court may also enjoin and restrain the defendant from committing such further acts. Intimate image means a photograph, film, video, recording, digital picture, or other visual reproduction of an adult person who is in a state of undress so as to expose the human male or female genitals.

3. It shall be a misdemeanor punishable by not more than one (1) year imprisonment and a fine of not more than $5,000.00 for any minor person to knowingly transmit an intimate image by computer or other electronic means to the computer or electronic communication device of another person when such other person has not consented to the use of his computer or electronic communication device for the receipt of such material or has expressly forbidden the receipt of such material. A person convicted of such crime on three (3) separate occasions within a five (5) year period shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling. The court may also enjoin and restrain the defendant from committing such further acts. Intimate image of a minor means a photograph, film, video, recording, digital picture, or other visual reproduction of a minor person who is in a state of undress so as to expose the human male or female genitals. No minor who commits such act shall be charged with the manufacture or distribution of child pornography, provided the intimate image of a minor in question is of the violator, nor shall any minor who commits such act be charged as an adult.

4. It shall be a felony punishable by not more than five (5) years imprisonment and a fine of not more than $25,000.00 for any adult person to knowingly transmit an intimate image by computer or other electronic means to the computer or electronic communication device of a minor. A person convicted of such crime shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling. Such act shall also be considered a civil trespass and the violator shall be liable to the recipient of the intimate image for actual damages or $500.00, whichever is greater, in addition to reasonable attorney fees and costs. The court may also enjoin and restrain the defendant from committing such further acts. Intimate image means a photograph, film, video, recording, digital picture, or other visual reproduction of an adult person who is in a state of undress so as to expose the human male or female genitals.

5. The provisions of this title shall not apply to any Internet service provider, mobile data provider, or operator of an online or mobile application, to the extent that such entity is transmitting, routing, or providing connections for electronic communications initiated by or at the direction of another or to any service that transmits an intimate image, including an on-demand, subscription, or advertising-supported service, or to a healthcare provider that transmits an intimate image for a legitimate medical purpose, or to any transmission of commercial electronic mail.

TITLE III: FLASHING AND PUBLIC INDECENCY

1. It shall be a misdemeanor punishable by not more than one (1) year imprisonment and a fine of not more than $5,000.00 for any person who, while in any public place where others are present, intending that he be seen by others, intentionally and obscenely engages in actual or explicitly simulated acts of masturbation in all States and external territories of the Southern Region. A person convicted of such crime on two (2) separate occasions within a five (5) year period shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.

2. It shall be a misdemeanor punishable by not more than one (1) year imprisonment and a fine of not more than $5,000.00 for any person to intentionally make an obscene or sexual display or exhibition, or the exposure of his or her person or the genitals thereof, in any public place or procures another to so expose himself in all States and external territories of the Southern Region. A person convicted of such crime on two (2) separate occasions within a five (5) year period shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.

No person shall be deemed to be in violation of this title for breastfeeding a child in any public place or any place where others are present, or for urinating or defecating in a public place or place where others are present, provided the person takes reasonable steps to conceal his or her genitals. No person shall be deemed to be in violation of this title merely for being nude or engaging in an obscene or sexual act in or at a private residence when such nudity or act is only visible to the public through a window, door, or fence, or for being nude of engaging in an obscene or sexual act while in a tent made of opaque material or inside an enclosed vehicle or hatchback, however sexual acts occurring behind a partition known as a gloryhole that is located in a place other than a private residence shall be prohibited. No female who exposes her nipples shall be convicted under this title unless a male would similarly be punished for exposing his nipples. For purposes of this title, an obscene or sexual display shall include but not be limited to the public exhibition of real or simulated sexual activity, sexual kinks and fetishes, sexuality, sadomasochistic abuse, and adult spanking or flaggellation. For purposes of this title, private residences and places that prohibit the admission of minors shall not constitute a public place except in public restrooms. For purposes of this title sexuality shall not include references to marriage or families.

3. It shall be a felony punishable by imprisonment for no more than one (1) year and a fine of no more than $10,000.00 for any person to promote indecent exposure in all States and external territories of the Southern Region. Any person convicted of promoting indecent exposure shall be required to register as a sex offender an shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling. A person has committed the crime promoting indecent exposure when he knowingly:

   A. produces, distributes, sells, transmits, finances, possesses with the intent to distribute, sell, or transmit, or makes any attempt to produce, distribute, sell, transmit, or finance an obscene item depicting or purporting to depict a person engaged in an act prohibited by this title;

   B. causes another person by force, threat, or intimidation to engage in conduct as prohibited by this title; or

   C. permits conduct prohibited by this title on any premises under his ownership or control.

TITLE IV: ENACTMENT

1. This act shall take effect July 1, 2022.

Sponsor: fhtagn

[Mr. Reactionary]

This harmonizes the criminal laws related to peeping toms, flashers, sending unwanted nudes, and public sex. It includes minor exemptions and protections from existing southern law.

[Mr. Reactionary]

Sorry, another scrivners error that can be corrected without a vote. I 3 last line that should say promoting voyuerism not promoting indecent exposure. Thanks.

Promoting indecent exposure is in III not I.

[Senator-elect Spark]

Let's crack down on the sex crimes.

[fhtagn]

Sorry, another scrivners error that can be corrected without a vote. I 3 last line that should say promoting voyuerism not promoting indecent exposure. Thanks.

Promoting indecent exposure is in III not I.

Just now saw this, will fix tomorrow.

[fhtagn]

Sorry, another scrivners error that can be corrected without a vote. I 3 last line that should say promoting voyuerism not promoting indecent exposure. Thanks.

Promoting indecent exposure is in III not I.

Just now saw this, will fix tomorrow.

Update: fixed

[fhtagn]

If no one has anything to add, motioning for a final vote. 24 hours for objections.

[fhtagn]

A final vote on this bill is now open for 72 hours, or until 24 hours after this has enough votes to pass or fail, or until everybody votes, whichever occurs soonest.

[Senator-elect Spark]

Aye

[UlmerFudd]

Aye

[reagente]

aye

[President Punxsutawney Phil]

Aye

[fhtagn]

Aye

[fhtagn]

Since everyone has voted, the bill now passes and awaits gubernatorial action.

Aye: 5
Nay:0
Present: 0
Not voting: 0

NO VOYEURISTIC CREEPS ACT

TITLE I: VOYEURISM AND PEEPING

1. It shall be a misdemeanor punishable by not more than one (1) year imprisonment and a fine of not more than $5,000.00 for any person to enter upon the property of another and secretly or furtively peep, spy, or attempt to peep or spy into or through a window, door, closet, or other aperture of any building, structure, vehicle, or other enclosure of any nature occupied or intended for occupancy as a dwelling, whether or not such building, structure, vehicle, or enclosure is permanently situated or transportable and whether or not such occupancy is permanent or temporary, or to do the same, without just cause, upon property owned by him and leased or rented to another under circumstances that would violate the occupant's reasonable expectation of privacy. A person convicted of such crime on three (3) separate occasions within a five (5) year period shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.

2. It shall be a misdemeanor punishable by not more than one (1) year imprisonment and a fine of not more than $5,000.00 for any person to use a peephole or other aperture to secretly or furtively peep, spy, or attempt to peep or spy into a restroom, dressing room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom, or other location or enclosure for the purpose of viewing any nonconsenting person who is totally nude, clad in undergarments, or in a state of undress exposing the genitals, pubic area, buttocks or breast and the circumstances are such that the person would otherwise have a reasonable expectation of privacy. Peephole means any hole, crack or other similar opening through which a person can see. A person convicted of such crime on three (3) separate occasions within a five (5) year period shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.

3. It shall be a felony punishable by imprisonment for no more than one (1) year and a fine of no more than $10,000.00 for any person to promote voyeurism in all States and external territories of the Southern Region. Any person convicted of promoting voyeurism shall be required to register as a sex offender an shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling. A person has committed the crime promoting voyuerism when he knowingly:

   A. produces, distributes, sells, transmits, finances, possesses with the intent to distribute, sell, or transmit, or makes any attempt to produce, distribute, sell, transmit, or finance an obscene item depicting or purporting to depict a person engaged in an act prohibited by this title;

   B. causes another person by force, threat, or intimidation to engage in conduct as prohibited by this title; or

   C. permits conduct prohibited by this title on any premises under his ownership or control.

4. The provisions of this section shall not apply to a lawful criminal investigation or a correctional official or local, State, or regional jail official conducting surveillance for security purposes or during an investigation of alleged misconduct involving an incarcerated person.

TITLE II: UNSOLICITED NUDES

1. It shall be a misdemeanor punishable by not more than one (1) year imprisonment and a fine of not more than $5,000.00 for any person, with the intent to coerce, intimidate, or harass any person, to use a computer, computer network, or other electronic communication device to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act. A person convicted of such crime on three (3) separate occasions within a five (5) year period shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling. Such act shall also be considered a civil trespass and the violator shall be liable to the recipient of the intimate image for actual damages or $500.00, whichever is greater, in addition to reasonable attorney fees and costs. The court may also enjoin and restrain the defendant from committing such further acts.

2. It shall be a misdemeanor punishable by not more than one (1) year imprisonment and a fine of not more than $5,000.00 for any adult person to knowingly transmit an intimate image by computer or other electronic means to the computer or electronic communication device of another adult person when such other person has not consented to the use of his computer or electronic communication device for the receipt of such material or has expressly forbidden the receipt of such material. A person convicted of such crime on three (3) separate occasions within a five (5) year period shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling. Such act shall also be considered a civil trespass and the violator shall be liable to the recipient of the intimate image for actual damages or $500.00, whichever is greater, in addition to reasonable attorney fees and costs. The court may also enjoin and restrain the defendant from committing such further acts. Intimate image means a photograph, film, video, recording, digital picture, or other visual reproduction of an adult person who is in a state of undress so as to expose the human male or female genitals.

3. It shall be a misdemeanor punishable by not more than one (1) year imprisonment and a fine of not more than $5,000.00 for any minor person to knowingly transmit an intimate image by computer or other electronic means to the computer or electronic communication device of another person when such other person has not consented to the use of his computer or electronic communication device for the receipt of such material or has expressly forbidden the receipt of such material. A person convicted of such crime on three (3) separate occasions within a five (5) year period shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling. The court may also enjoin and restrain the defendant from committing such further acts. Intimate image of a minor means a photograph, film, video, recording, digital picture, or other visual reproduction of a minor person who is in a state of undress so as to expose the human male or female genitals. No minor who commits such act shall be charged with the manufacture or distribution of child pornography, provided the intimate image of a minor in question is of the violator, nor shall any minor who commits such act be charged as an adult.

4. It shall be a felony punishable by not more than five (5) years imprisonment and a fine of not more than $25,000.00 for any adult person to knowingly transmit an intimate image by computer or other electronic means to the computer or electronic communication device of a minor. A person convicted of such crime shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling. Such act shall also be considered a civil trespass and the violator shall be liable to the recipient of the intimate image for actual damages or $500.00, whichever is greater, in addition to reasonable attorney fees and costs. The court may also enjoin and restrain the defendant from committing such further acts. Intimate image means a photograph, film, video, recording, digital picture, or other visual reproduction of an adult person who is in a state of undress so as to expose the human male or female genitals.

5. The provisions of this title shall not apply to any Internet service provider, mobile data provider, or operator of an online or mobile application, to the extent that such entity is transmitting, routing, or providing connections for electronic communications initiated by or at the direction of another or to any service that transmits an intimate image, including an on-demand, subscription, or advertising-supported service, or to a healthcare provider that transmits an intimate image for a legitimate medical purpose, or to any transmission of commercial electronic mail.

TITLE III: FLASHING AND PUBLIC INDECENCY

1. It shall be a misdemeanor punishable by not more than one (1) year imprisonment and a fine of not more than $5,000.00 for any person who, while in any public place where others are present, intending that he be seen by others, intentionally and obscenely engages in actual or explicitly simulated acts of masturbation in all States and external territories of the Southern Region. A person convicted of such crime on two (2) separate occasions within a five (5) year period shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.

2. It shall be a misdemeanor punishable by not more than one (1) year imprisonment and a fine of not more than $5,000.00 for any person to intentionally make an obscene or sexual display or exhibition, or the exposure of his or her person or the genitals thereof, in any public place or procures another to so expose himself in all States and external territories of the Southern Region. A person convicted of such crime on two (2) separate occasions within a five (5) year period shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.

No person shall be deemed to be in violation of this title for breastfeeding a child in any public place or any place where others are present, or for urinating or defecating in a public place or place where others are present, provided the person takes reasonable steps to conceal his or her genitals. No person shall be deemed to be in violation of this title merely for being nude or engaging in an obscene or sexual act in or at a private residence when such nudity or act is only visible to the public through a window, door, or fence, or for being nude of engaging in an obscene or sexual act while in a tent made of opaque material or inside an enclosed vehicle or hatchback, however sexual acts occurring behind a partition known as a gloryhole that is located in a place other than a private residence shall be prohibited. No female who exposes her nipples shall be convicted under this title unless a male would similarly be punished for exposing his nipples. For purposes of this title, an obscene or sexual display shall include but not be limited to the public exhibition of real or simulated sexual activity, sexual kinks and fetishes, sexuality, sadomasochistic abuse, and adult spanking or flaggellation. For purposes of this title, private residences and places that prohibit the admission of minors shall not constitute a public place except in public restrooms. For purposes of this title sexuality shall not include references to marriage or families.

3. It shall be a felony punishable by imprisonment for no more than one (1) year and a fine of no more than $10,000.00 for any person to promote indecent exposure in all States and external territories of the Southern Region. Any person convicted of promoting indecent exposure shall be required to register as a sex offender an shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling. A person has committed the crime promoting indecent exposure when he knowingly:

   A. produces, distributes, sells, transmits, finances, possesses with the intent to distribute, sell, or transmit, or makes any attempt to produce, distribute, sell, transmit, or finance an obscene item depicting or purporting to depict a person engaged in an act prohibited by this title;

   B. causes another person by force, threat, or intimidation to engage in conduct as prohibited by this title; or

   C. permits conduct prohibited by this title on any premises under his ownership or control.

TITLE IV: ENACTMENT

1. This act shall take effect July 1, 2022.