REPORT TITLE:
Privacy


DESCRIPTION:
Makes it a class B felony to take sexual photographs or
videotapes of a person without consent and when the person
expects privacy.  Makes it a misdemeanor to possess such
materials.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.955        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CRIME.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 711, Hawaii Revised Statutes, is amended
 
 2 by adding two new sections to be appropriately designated and to
 
 3 read as follows:
 
 4      "�711-A  Violation of sexual privacy.  (1)  A person commits
 
 5 the offense of violation of sexual privacy if, except in the
 
 6 execution of a public duty or as authorized by law, the person
 
 7 intentionally or knowingly installs in any place where a person
 
 8 reasonably expects to have privacy, without consent of the person
 
 9 or persons entitled to privacy therein, any device for observing,
 
10 photographing, videotaping, or filming the person in a stage of
 
11 undress or sexual activity in that place, or uses any such
 
12 unauthorized installation.
 
13      (2)  It shall be an affirmative defense that the observing,
 
14 photographing, videotaping, or filming was done with the
 
15 subject's consent.
 
16      (3)  Violation of sexual privacy is a class B felony.
 
17      �711-B  Possession of materials that violate sexual privacy.
 
18 (1)  A person commits the offense of possession of materials that
 
19 violate sexual privacy if the person knowingly possesses
 

 
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                                     H.B. NO.955        
                                                        
                                                        


 1 materials obviously created under circumstances prohibited in
 
 2 section 711-A.
 
 3      (2)  It shall be an affirmative defense that the observing,
 
 4 photographing, videotaping, or filming was done with the
 
 5 subject's consent.
 
 6      (3)  Violation of possession of materials that violate
 
 7 sexual privacy is a misdemeanor."
 
 8      SECTION 2.  In codifying the new sections added by section 1
 
 9 of this Act, the revisor of statutes shall substitute appropriate
 
10 section numbers for the letters used in the new sections
 
11 designated in this Act.
 
12      SECTION 3.  New statutory material is underscored.
 
13      SECTION 4.  This Act shall take effect upon its approval.
 
14 
 
15                           INTRODUCED BY:  _______________________