SB 26

This bill would establish the crime of voyeurism in the first and second degree and would provide penalties

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to voyeurism; to criminalize the act of recording or attempting to record any image or video of the private, intimate body parts of another person, without that person's consent, where that person has or should have a reasonable expectation of privacy; to provide penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Section 1

(a) As used in this act, the following words shall have the following meanings: (1) INTIMATE AREAS. Any portion of a person's body, whether or not covered by undergarments, that are traditionally covered by undergarments to protect that portion from public view, including genitals, pubic areas, buttocks, and female breasts. (2) PHOTOGRAPHS or FILMS. The making of a photograph, motion picture film, videotape, digital image, digital video, or any other recording or transmission of the image or recording of a person. (3) UNDERGARMENTS. Articles of clothing worn under clothing that conceal intimate areas from view.

Section 2

(a) A person commits the crime of voyeurism in the first degree if, for the purpose of arousing or gratifying the sexual desire of any person, he or she photographs or films the intimate areas of another person, whether through, under, or around clothing, 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. (b) Voyeurism in the first degree is a Class C felony, except if the defendant is 16 years of age or younger on the date of the offense, voyeurism in the first degree is a Class A misdemeanor.

Section 3

(a) A person commits the crime of voyeurism in the second degree if he or she intentionally photographs or films the intimate areas of another person, whether through, under, or around clothing, 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. (b) Voyeurism in the second degree is a Class A misdemeanor, except if the defendant is 16 years of age or younger on the date of the offense, voyeurism in the second degree is a Class B misdemeanor.

Section 4

(a) This act 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 an alleged misconduct by a person in the custody of the Department of Corrections or the local jail or correctional facility. (b) If a person is convicted of a violation of Section 2 or Section 3, a court may order the destruction of any photograph, motion picture film, digital image, digital video, videotape, or any other recording of an image that was made by the person in violation of this act; provided that the victim, or victim's representative, is provided with written notice 90 days before the destruction is to occur. The victim, or victim's representative, shall retain the right to possess any photograph, motion picture film, digital image, videotape, or any other recording of an image in lieu of destruction.

Section 5

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 6

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.