AN
ACT Relating to the crime of voyeurism; reenacting and amending RCW 9A.04.080;
adding a new section to chapter 9A.44 RCW; and prescribing penalties.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 9A.44 RCW 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, while the person being viewed, photographed, or filmed is in a place
where he or she 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.
Sec.
2. RCW
9A.04.080 and 1997 c 174 s 1 and 1997 c 97 s 1 are each reenacted and amended
to read as follows:
(1)
Prosecutions for criminal offenses shall not be commenced after the periods
prescribed in this section.
(a)
The following offenses may be prosecuted at any time after their commission:
(i)
Murder;
(ii)
Homicide by abuse;
(iii)
Arson if a death results;
(iv)
Vehicular homicide;
(v)
Vehicular assault if a death results;
(vi)
Hit-and-run injury-accident if a death results (RCW 46.52.020(4)).
(b)
The following offenses shall not be prosecuted more than ten years after their
commission:
(i)
Any felony committed by a public officer if the commission is in connection
with the duties of his or her office or constitutes a breach of his or her
public duty or a violation of the oath of office;
(ii)
Arson if no death results; or
(iii)
Violations of RCW 9A.44.040 or 9A.44.050 if the rape is reported to a law
enforcement agency within one year of its commission; except that if the victim
is under fourteen years of age when the rape is committed and the rape is
reported to a law enforcement agency within one year of its commission, the violation
may be prosecuted up to three years after the victim's eighteenth birthday or
up to ten years after the rape's commission, whichever is later. If a
violation of RCW 9A.44.040 or 9A.44.050 is not reported within one year, the
rape may not be prosecuted: (A) More than three years after its commission if
the violation was committed against a victim fourteen years of age or older; or
(B) more than three years after the victim's eighteenth birthday or more than
seven years after the rape's commission, whichever is later, if the violation
was committed against a victim under fourteen years of age.
(c)
Violations of the following statutes shall not be prosecuted more than three
years after the victim's eighteenth birthday or more than seven years after their
commission, whichever is later: RCW 9A.44.073, 9A.44.076, 9A.44.083,
9A.44.086, 9A.44.070, 9A.44.080, 9A.44.100(1)(b), or 9A.64.020.
(d)
The following offenses shall not be prosecuted more than six years after their
commission: Violations of RCW 9A.82.060 or 9A.82.080.
(e)
The following offenses shall not be prosecuted more than five years after their
commission: Any class C felony under chapter 74.09, 82.36, or 82.38 RCW.
(f)
Bigamy shall not be prosecuted more than three years after the time specified
in RCW 9A.64.010.
(g)
A violation of RCW 9A.56.030 must not be prosecuted more than three years after
the discovery of the offense when the victim is a tax exempt corporation under
26 U.S.C. Sec. 501(c)(3).
(h)
No other felony may be prosecuted more than three years after its commission;
except that in a prosecution under section 1 of this act, if the person who was
viewed, photographed, or filmed did not realize at the time that he or she was
being viewed, photographed, or filmed, the prosecution must be commenced within
two years of the time the person who was viewed or in the photograph or film
first learns that he or she was viewed, photographed, or filmed.
(i)
No gross misdemeanor may be prosecuted more than two years after its
commission.
(j)
No misdemeanor may be prosecuted more than one year after its commission.
(2)
The periods of limitation prescribed in subsection (1) of this section do not
run during any time when the person charged is not usually and publicly
resident within this state.
(3)
If, before the end of a period of limitation prescribed in subsection (1) of
this section, an indictment has been found or a complaint or an information has
been filed, and the indictment, complaint, or information is set aside, then
the period of limitation is extended by a period equal to the length of time
from the finding or filing to the setting aside.
