Senate Bill No. 641
(By Senators Wooton, Ball, Dawson, Dittmar, Hunter, Kessler,
Minard, Mitchell, Oliverio, Redd, Ross, Snyder, Deem and McKenzie)
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[Originating in the Committee on the Judiciary;
reported February 22, 2000.]
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A BILL to amend article eight, chapter sixty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty-eight, relating to creating the offense of criminal
invasion of privacy; definitions; penalties; and enhanced
penalties for second and subsequent offenses.
Be it enacted by the Legislature of West Virginia:
That article eight, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section twenty-
eight, to read as follows:
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-28. Criminal invasion of privacy; penalties.
(a) As used in this section, the following terms mean:
(1) "Full or partial nudity", the showing of all or any part
of the human genitals or pubic area or buttock, or any part of the
nipple of the breast of any female person, with less than a fully
opaque covering;
(2) "Photographs" or "films", the making of any photograph,
motion picture film, videotape or any other recording or
transmission of the image of a person; and
(3) "Place where a person would have a reasonable expectation
of privacy", any place where a reasonable person would believe that
a person could disrobe in privacy, without being concerned that the
person's undressing was being viewed, photographed or filmed by
another.
(b) Any person who knowingly photographs or films another
person, without that person's knowledge, while the person being
photographed or filmed is in a state of full or partial nudity and
is in a place where he or she would have a reasonable expectation
of privacy is guilty of a misdemeanor and, upon conviction, shall
be confined in a correctional facility for not more than one year
or fined not more than five thousand dollars, or both.
(c) Any person who displays or distributes photographs or films of another person with knowledge that said photographs, films
or videotapes of another person with knowledge that said
photograph, film or videotape were obtained in violation of
subsection (b) of this section is guilty of a misdemeanor and, upon
conviction, shall be confined in a correctional facility for not
more than one year or fined not more than five thousand dollars, or
both.
(d) Notwithstanding the provisions of subsections (b) and (c)
of this section, any person who is convicted of a second or
subsequent violation of subsection (b) or (c) of this section is
guilty of a felony and, upon conviction, shall be confined in a
correctional facility for not less than one year nor more than five
years or fined not more than ten thousand dollars, or both.
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(NOTE: The purpose of this bill is to create an offense for
the criminal invasion of privacy of photographing or videotaping in
a state of partial or full nudity without that person's consent.
§61-8-28 is new; therefore, strike-throughs and underscoring
have been omitted.)