HB 602

This bill enacts the "Voyeurism Victims Act, as described below. Under present law, it is an offense for a person to knowingly photograph, or cause to be photographed, an individual without the prior effective consent of th e individual, or in the case of a minor, without the prior effective consent of the minor's parent or legal guardian, if the photograph (i) would offense or embarrass an ordinary person if the person appeared in the photograph or is focused on the intimat e areas of the individual and would be considered offensive or embarrassing by the individual and (ii) was taken for the purpose of sexual arousal or gratification of the defendant. This bill expands the second provision and provides it is an offense if t h e photograph was taken for the purpose of sexual arousal or gratification of the defendant or the photograph includes the unclothed intimate area of the individual or the individual engaged in sexual activity, and the person knew that the photograph would include such content. Present law provides that a violation of the above provisions is a Class E felony punishable by not less than one year nor more than six years and a potential fine not to exceed $3, 000, if the defendant disseminates or permits the dissemination of the photograph to any other person or the victim of the offense is under 13 at the time of the offense. This bill adds that a violation is also a Class E felony if (i) the photograph was taken using a camera or other recording device th a t was hidden from plain view at the time of the offense or (ii) there was more than one victim of the offense. VENUE This bill requires prosecution for unlawful photography to commence as provided in present law but that the statue of limitations is to lled for any period during which the defendant conceals the crime until such time that the victim discovers the crime. Present law provides that any domestic abuse victim, stalking victim or sexual assault victim who has been subjected to, threatened wi th, or placed in fear of, domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense, may seek relief by filing a sworn petition alleging domestic abuse, stalking, sexual exploitation of a minor, sexual assaul t, or a human trafficking offense by the respondent. This bill adds victims of unlawful photography to this provision. Present law provides that venue for a petition for an order of protection, and all other matters relating to orders of protection, is in the county where the respondent resides or the county in which the domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or human trafficking offense occurred. If the respondent is not a resident of this state, then the petition m a y be filed in the county where the petitioner resides. This bill adds unlawful photography to the list of offenses in this provision. PROTECTIVE ORDERS AND RELIEF Under domestic abuse provisions of present law, there are several provisions that authori ze victims of certain domestic offenses to petition for orders of protection or seek relief. This bill grants the same authority to victims of unlawful photography. ON MARCH 3, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 335, AS AMENDED. AMENDMENT #1 makes the following revisions:  Removes the provision expanding the offense of unlawful photography to specifically include situations where the photograph includes the unclo th ed intimate area of the individual or the individual engaged in sexual activity, and the person knew that the photograph would include such content.  Removes the provision establishing the offense of unlawful photography as a Class E felony if (i) the photograph was taken using a camera or other recording device that was hidden from plain view at the time of the offense or (ii) there was more than one victim of the offense.  Defines ""disseminate, for purposes of the offense of unlawful photography, to mean to transfer, publish, or otherwise make accessible .  Applies the rest of the bill to the offense of observation without consent and victims of such offense."