| Passed by the House April 22, 2003 Yeas 97 ________________________________________ Speaker of the House of Representatives Passed by the Senate April 17, 2003 Yeas 48 ________________________________________ President of the Senate | I, Cynthia Zehnder, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1001 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 58th Legislature | 2003 Regular Session |
READ FIRST TIME 01/21/03.
AN ACT Relating to voyeurism; amending RCW 9A.44.115; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9A.44.115 and 1998 c 221 s 1 are each amended to read
as follows:
(1) As used in this section:
(a) "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;
(b) "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;
(((b))) (c) "Place where he or she would have a reasonable
expectation of privacy" means:
(i) A place where a reasonable person would believe that he or she
could disrobe in privacy, without being concerned that his or her
undressing was being photographed or filmed by another; or
(ii) A place where one may reasonably expect to be safe from casual
or hostile intrusion or surveillance;
(((c))) (d) "Surveillance" means secret observation of the
activities of another person for the purpose of spying upon and
invading the privacy of the person;
(((d))) (e) "Views" means the intentional looking upon of another
person for more than a brief period of time, in other than a casual or
cursory manner, with the unaided eye or with a device designed or
intended to improve visual acuity.
(2) A person commits the crime of voyeurism if, for the purpose of
arousing or gratifying the sexual desire of any person, he or she
knowingly views, photographs, or films:
(a) Another person((,)) without that person's knowledge and
consent((,)) while the person being viewed, photographed, or filmed is
in a place where he or she would have a reasonable expectation of
privacy; or
(b) The intimate areas of another person without that person's
knowledge and consent and under circumstances where the person has a
reasonable expectation of privacy, whether in a public or private
place.
(3) Voyeurism is a class C felony.
(4) This section does not apply to viewing, photographing, or
filming by personnel of the department of corrections or of a local
jail or correctional facility for security purposes or during
investigation of alleged misconduct by a person in the custody of the
department of corrections or the local jail or correctional facility.
(5) If a person is convicted of a violation of this section, the
court may order the destruction of any photograph, motion picture film,
digital image, videotape, or any other recording of an image that was
made by the person in violation of this section.
NEW SECTION. Sec. 2 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
immediately.