H. B. 3282
(By Delegates Staton, Pino, Mahan, Webster and Beane)
[Introduced on March 25, 2005; referred to the Committee on the
A BILL to amend the Code of West Virginia, 1931, as amended, adding
thereto a new section, designated §61-8-28a, relating to the
taking of pictures of a non-consenting individual in public
and private places; establishing fines and penalties for
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-8-28a, to read as
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-28A. Voyeurism video and photography.
(a) As used in this article, the following words and terms
have the following meanings, unless the context clearly indicates
(1) "Intimate areas" means any portion of a person's body or
undergarments that is covered by clothing, and intended to be
protected from public view including any part of the male or female
genitals, pubic area, or buttock, or in the case of females any
portion of the nipple of her breast;
(2) "Photographs" or "films" means the making of a photograph, motion picture film, videotape, digital image, or any other
recording or transmission of the image of a person;
(3) "Equipment" includes any device used to capture or
transfer images or films for later use. Equipment includes but is
not limited to: digital video recording equipment (video or still
images), camcorders, spy cams, photo capable cellular telephones,
or any other device that has the capacity to store video or images
for later viewing.
(b) It is unlawful for a person to knowingly and intentionally
videotape, photograph or film any non-consenting person for private
or commercial purposes if:
(1) That person is totally nude, clad in undergarments, or in
a state of undress so as to expose the genitals, pubic area,
buttocks, or female breast or is located in a restroom, dressing
room, locker room, hotel room, motel room, tanning bed, tanning
booth, bedroom or other location where an expectation of privacy
(2) The videotape, photograph, film, or video graphic or still
image is created of any non-consenting person's intimate parts or
undergarments covering these intimate parts when these intimate
parts or undergarments would not otherwise be visible to the
general public while that person is in any public place even if
there is no generally accepted expectation of privacy.
(c) A person who violates the provisions of this section with
the intent of storing or viewing the photographs or films collected
for personal viewing is guilty of a misdemeanor and, upon
conviction, shall be confined to a regional jail for not more than
one year or fined not more than five thousand dollars, or both fined and imprisoned.
(d) A person who violates the provisions of this section and;
(1) the non-consenting person is under the age of eighteen and
the person taking the film or photograph is more than four years
older than the victim or;
(2) has the intent of storing or using the photographs and
films for the purposes of publication, distribution, or
dissemination to any other individual(s), with or without payment
for said photographs or films, is guilty of a felony and, upon
conviction, shall be confined in a state correctional facility for
not less than one year nor more than five years or fined not more
than ten thousand dollars, or both fined and imprisoned.
NOTE: The purpose of this bill is to make it unlawful to take
pictures or films of any person's intimate areas, ie
"upskirting", without that persons knowledge or consent, in any
location, public or private.
This section is new; therefore, strike-throughs and
underscoring have been omitted.