BILL REQ. #:  S-0058.1 

Read first time 01/13/2003.   Referred to Committee on Judiciary.

     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) "Photographs" or "films" means the making of a photograph, motion picture film, videotape, or any other recording or transmission of the image of a person;
     (b) "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) "Surveillance" means secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person;
     (d) "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 another person, without that person's knowledge and consent((,)):
     (a) 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) Under or through the other person's clothing for the purpose of viewing the other person's body or undergarments and under circumstances in which the other person would have a reasonable expectation of privacy.
     (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.

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.