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 (ii) is focused on the intimate area of the individual and would be considered offensive or embarrassing by the individual and 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, a fine not to exceed $2,500, or both. This bill raises the offense to a Class E felony, punishable by a sentence of imprisonment of not less than one year nor more than six years, and a potential fine not to exceed $3000. Present law provides that it is a Class E felony if the defendant disseminates or permits the dissemination of the photograph to any other person or the victim of the offense is under 13. This bill raises the offense to a Class D felony, punishable by a sentence of not less than two years nor more than 12 years, and a potential fine not to exceed $5,000. Additionally, this bill provides that it is also a Class E felony if the minor under 13 was used by the defendant to facilitate the offense. Present law provides that it is a Class D felony if the defendant disseminates or permits the dissemination of the photograph to any other person and also the victim is under 13. This bill provides that is a violation if (i) the defendant disseminates or permits the dissemination of the photograph to any other person and (ii) the victim is under 13 or the defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional, or occupational status and used the position of trust or power to accomplish the unlawful photography. Additionally, this bill raises the offense to a Class C felony, punishable by a sentence of not less than three years nor more than 15 years, and a potential fine not to exceed $10,000. Present law authorizes the trial judge to order a person who commits the misdemeanor offense of unlawful photographing, to be required to register as a sexual offender. This bill revises this provision to, instead, require the judge to order such person to register such person as a sexual offender.

Statutes affected:
Introduced: 39-13-605(a), 39-13-605, 39-13-605(c), 39-13-605(d)(1)(A), 39-13-605(d)(2), 39-13-605(d)(3), 40-39-202(20), 40-39-202