Introduced Version
House Bill 4541 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 4541
(By Delegate Webb)
[Introduced
February 19, 2004
; referred to the
Committee on the Judiciary.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-8-29, relating to
creating the crimes of unlawful surveillance and dissemination
of unlawful surveillance; defining "imaging device"; and
prescribing penalties for violators.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-8-29
, to read as
follows:
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-29. Unlawful surveillance; dissemination of unlawful
surveillance; definition of imaging device;
penalties.
(a) It is unlawful for a person who, for no legitimate
purpose:
(1) Uses or installs an imaging device to surreptitiously view
or record another person in a bedroom, bathroom, lavatory, changing room or other place where the person being viewed or recorded has
a reasonable expectation of privacy; or
(2) Permits, uses or installs an imaging device, for sexual
arousal or gratification, to surreptitiously view another person
dressing, undressing or in a nude or semi-nude state, when the
other person has a reasonable expectation of privacy; or
(3) Permits, uses or installs an imaging device, for
amusement, entertainment or profit, or to abuse or degrade another
person, to surreptitiously record the other person dressing,
undressing or in a nude or semi-nude state, when the person has a
reasonable expectation of privacy.
(b) It is unlawful for a person to publish or sell an image
that was unlawfully obtained under the provisions of subsection (a)
of this section, or to otherwise disseminate the image unlawfully
obtained.
(c) For the purposes of this section, the term "imaging
device" means any mechanical, digital or electronic viewing device,
camera or any other instrument capable of recording, storing or
transmitting visual images that can be utilized to observe a
person.
(d) Any person who violates a provision or provisions of this
section is guilty of a misdemeanor and, upon conviction thereof,
shall be confined in a county or regional jail for not more than
one year or fined not more than five thousand dollars, or both.
NOTE: The purpose of this bill is to create the crimes of
unlawful surveillance and dissemination of unlawful surveillance.
The bill also defines "imaging device" as it is used in the
proposed legislation and, additionally, prescribes penalties for
violators.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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