(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 305–Assemblymen Cegavske, Gustavson, Angle, Berman, Brown, Carpenter, Chowning, Claborn, Collins, Hettrick, Lee, Leslie, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Price, Smith, Tiffany and Von Tobel

 

March 8, 2001

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Joint Sponsors: Senators Amodei and O’Donnell

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Referred to Committee on Judiciary

 

SUMMARY—Prohibits video voyeurism and distribution of product of video voyeurism. (BDR 15‑118)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                             Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to crimes; prohibiting video voyeurism and distribution of a product of video voyeurism; providing penalties; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 201 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  A person commits the crime of video voyeurism if, for the purpose

1-4  of financial gain and the purpose of sexually arousing or gratifying

1-5  himself or other persons, the person knowingly photographs, videotapes,

1-6  films, digitally records or through the use of any other visual technology

1-7  secretly views or records the image of another person without the consent

1-8  of the other person while the other person is nude and in a place in

1-9  which the other person has a reasonable expectation of privacy. For the

1-10  purposes of this subsection:

1-11  (a) A male person is “nude” if any portion of the genitals or pubic

1-12  area of the person is showing with less than a fully opaque covering.

1-13  (b) A female person is “nude” if any portion of the genitals, pubic

1-14  area or breast of the person is showing with less than a fully opaque

1-15  covering.

2-1    (c) “Place in which the other person has a reasonable expectation of

2-2  privacy” includes, without limitation, a restroom, locker room, dressing

2-3  room and residence.

2-4    2.  Except as otherwise provided in this subsection, a person commits

2-5  the crime of distributing a product of video voyeurism if the person

2-6  distributes, discloses, displays, transmits or publishes a photograph,

2-7  videotape, film, digital recording or other recorded image that the person

2-8  knows or has reason to know was made in violation of subsection 1. The

2-9  provisions of this subsection do not apply to a person who is authorized

2-10  to distribute, disclose, display, transmit or publish a photograph,

2-11  videotape, film, digital recording or other recorded image for the purpose

2-12  of investigating or prosecuting the crime of video voyeurism.

2-13    3.  A person who commits the crime of video voyeurism is guilty of a

2-14  category E felony and shall be punished as provided in NRS 193.130.

2-15    4.  A person who commits the crime of distributing a product of video

2-16  voyeurism is guilty of a category D felony and shall be punished as

2-17  provided in NRS 193.130.

2-18    Sec. 2.  The amendatory provisions of this act do not apply to offenses

2-19  committed before October 1, 2001.

 

2-20  H