1001-S.EAMSJUDS3070.1ESHB 1001S COMM AMDBy Committee on JudiciaryADOPTED 04/17/2003 Strike everything after the enacting clause and insert thefollowing:Sec. RCW 9A.44.115 and 1998 c 221 s 1 are each amended to readas follows: (1) As used in this section: (a) "Intimate areas" means any portion of a person's body orundergarments that is covered by clothing and intended to be protectedfrom public view; (b) "Photographs" or "films" means the making of a photograph,motion picture film, videotape, digital image, or any other recordingor transmission of the image of a person; (((b))) (c) "Place where he or she would have a reasonableexpectation of privacy" means: (i) A place where a reasonable person would believe that he or shecould disrobe in privacy, without being concerned that his or herundressing was being photographed or filmed by another; or (ii) A place where one may reasonably expect to be safe from casualor hostile intrusion or surveillance; (((c))) (d) "Surveillance" means secret observation of theactivities of another person for the purpose of spying upon andinvading the privacy of the person; (((d))) (e) "Views" means the intentional looking upon of anotherperson for more than a brief period of time, in other than a casual orcursory manner, with the unaided eye or with a device designed orintended to improve visual acuity. (2) A person commits the crime of voyeurism if, for the purpose ofarousing or gratifying the sexual desire of any person, he or sheknowingly views, photographs, or films: (a) Another person((,)) without that person's knowledge and 1 consent((,)) while the person being viewed, photographed, or filmed isin a place where he or she would have a reasonable expectation ofprivacy; or (b) The intimate areas of another person without that person'sknowledge and consent and under circumstances where the person has areasonable expectation of privacy, whether in a public or privateplace. (3) Voyeurism is a class C felony. (4) This section does not apply to viewing, photographing, orfilming by personnel of the department of corrections or of a localjail or correctional facility for security purposes or duringinvestigation of alleged misconduct by a person in the custody of thedepartment of corrections or the local jail or correctional facility. (5) If a person is convicted of a violation of this section, thecourt may order the destruction of any photograph, motion picture film,digital image, videotape, or any other recording of an image that wasmade by the person in violation of this section.NEW SECTION.Sec. This act is necessary for the immediatepreservation of the public peace, health, or safety, or support of thestate government and its existing public institutions, and takes effectimmediately.ESHB 1001S COMM AMDBy Committee on JudiciaryADOPTED 04/17/2003 On page 1, line 1 of the title, after voyeurism; strike theremainder of the title and insert amending RCW 9A.44.115; anddeclaring an emergency.--- END --- 2