§711-1110.9  Violation of privacy in the
first degree.  (1)  A person commits the offense of violation of privacy in
the first degree if, except in the execution of a public duty or as authorized
by law, the person intentionally or knowingly installs or uses, or both, in any
private place, without consent of the person or persons entitled to privacy
therein, any device for observing, recording, amplifying, or broadcasting
another person in a stage of undress or sexual activity in that place.



(2)  Violation of privacy in the first degree
is a class C felony.  In addition to any penalties the court may impose, the
court may order the destruction of any recording made in violation of this
section. [L 1999, c 278, §1; am L 2003, c 48, §3; am L 2004, c 83, §2]



 



COMMENTARY ON §711-1110.9



 



  Act 278, Session Laws 1999, added this section to make it a
felony to take sexual photographs or videotapes of a person without that
person's consent and when the person expects privacy.  The legislature found
that current laws criminalizing a violation of privacy do not distinguish
between surreptitious recording of any events and sounds in a private place,
and the more egregious offense of installing a hidden device to surreptitiously
record or observe persons while they are undressed or engaging in sexual
activity.  The legislature believed that using a hidden device to record
someone while engaged in very personal acts merits a higher penalty than simply
using a hidden device to record any events in a private place.  Senate Standing
Committee Report No. 1579, Conference Committee Report No. 87.



  Act 48, Session Laws 2003, amended this section to update the
crime of violation of privacy in the first degree to punish "video
voyeurism" in public places.  The legislature found that through
technological advancements, recording and broadcasting devices are easily
concealed.  Incidents of "video voyeurism" in public places have
occurred but are not chargeable under existing laws. Changing the offense of
violation of privacy would address the growing concern for the offensive
practice of "upskirt photography".  Senate Standing Committee Report
No. 637, House Standing Committee Report No. 1316.



  Act 83, Session Laws 2004, amended this section to clarify
that the offense of violation of privacy in the first degree included the use
or installation, or both, in any private place and without the consent of the
person or persons entitled to privacy therein, of any device for observing,
recording, amplifying, or broadcasting another person in a stage of undress or
sexual activity in that place.  House Standing Committee Report No. 1174-04.