SCORC/SB 1207

Page 1

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE;

CREATING THE CRIMINAL OFFENSE OF VOYEURISM; PROVIDING

PENALTIES.

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

Section 1. A new section of the Criminal Code is

enacted to read:

"VOYEURISM PROHIBITED--PENALTIES.--

A. Voyeurism consists of intentionally using the

unaided eye to view or intentionally using an instrumentality

to view, photograph, videotape, film, webcast or record the

intimate areas of another person 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:

SCORC/SB 1207

Page 2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

(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, 2007.