HOUSE BILL 201

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Sharon Clahchischilliage

AN ACT

RELATING TO SEXUAL OFFENSES; INCLUDING AN ATTEMPT TO VIEW IN THE CRIME OF VOYEURISM; EXPANDING THE DEFINITION OF "VOYEURISM" TO INCLUDE VIEWING OR ATTEMPTING TO VIEW A PERSON IN A STATE OF UNDRESS OR PARTIAL DRESS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 30-9-20 NMSA 1978 (being Laws 2007, Chapter 238, Section 1) is amended to read:

     "30-9-20. VOYEURISM PROHIBITED--PENALTIES.--

          A. Voyeurism consists of intentionally using the unaided eye to view or attempt to view or intentionally using an instrumentality to view or attempt to view, photograph, videotape, film, webcast or record the intimate areas of another person while that person is in a state of undress or partial dress without the knowledge and consent of that person:

                (1) while the person is in the interior of a bedroom, bathroom, changing room, fitting room, dressing room or tanning booth or the interior of any other area in which the person has a reasonable expectation of privacy; or

                (2) under circumstances where the person has a reasonable expectation of privacy, whether in a public or private place.

          B. Whoever commits voyeurism is guilty of a misdemeanor, except if the victim is less than eighteen years of age, the offender is guilty of a fourth degree felony.

          C. As used in this section:

                (1) "intimate areas" means the primary genital area, groin, buttocks, anus or breasts or the undergarments that cover those areas; and

                (2) "instrumentality" means a periscope, telescope, binoculars, camcorder, computer, motion picture camera, digital camera, telephone camera, photographic camera or electronic device of any type."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2014.

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