Present law provides that it is an offense for a person to knowingly photograph, or cause to be photographed, an individual without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor's parent or legal guardian, if the photograph (i) would offend or embarrass an ordinary person if the person appeared in the photograph or is focused on the intimate area of the individual and would be considered offensive or embarrassing by the individual and (ii) was taken for the purpose of sexual arousal or gratification of the defendant. Under present law, this offense is a Class A misdemeanor, punishable by a sentence of imprisonment not greater than 11 months, 29 days or a fine not to exceed $2,500, or both. This bill raises this offense to a Class D felony, punishable by a sentence of imprisonment not less than two years nor more than 12 years and a potential fine not to exceed $5,000.

Statutes affected:
Introduced: 39-13-605(d)(1)(A), 39-13-605