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Introduced Version House Bill 3282 History

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hb3282 intr
H. B. 3282


(By Delegates Staton, Pino, Mahan, Webster and Beane)


[Introduced on March 25, 2005; referred to the Committee on the Judiciary.]




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 violations.

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 follows:
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 otherwise:
(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 exists or;
(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.
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