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COMMITTEE REPORT
April 21, 1999
S. 470
S. Printed 4/21/99--S.
Read the first time February 4, 1999.
To whom was referred a Bill (S. 470), to amend Section 16-17-470, Code of Laws of South Carolina, 1976, relating to eavesdropping or peeping, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND SECTION 16-17-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EAVESDROPPING AND PEEPING, SO AS TO PROHIBIT THE USE OF ELECTRONIC VIDEO OR AUDIO EQUIPMENT FOR THE PURPOSE OF EAVESDROPPING OR PEEPING; TO FURTHER PROHIBIT A PERSON FROM COMMITTING THE CRIME OF VOYEURISM, AND TO DEFINE THE TERM "VOYEURISM"; TO FURTHER PROHIBIT THE SALE OR DISTRIBUTION OF ANY RECORDING, VIDEOTAPE, OR FILM OF ANOTHER PERSON; TO DEFINE A "PLACE OF REASONABLE EXPECTATION OF PRIVACY", "SURVEILLANCE", AND "VIEW"; TO FURTHER PROVIDE CRIMINAL PENALTIES FOR CONVICTIONS OF VOYEURISM AND THE SALE OR DISTRIBUTION OF ANY RECORDING, VIDEOTAPE, OR FILM OF ANOTHER PERSON; AND TO REQUIRE IMMEDIATE FORFEITURE AND DESTRUCTION OF ALL VIDEO AND AUDIO RECORDINGS PRODUCED FROM THIS UNLAWFUL ACTIVITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-17-470 of the 1976 Code is amended to read:
"Section 16-17-470. (A) It is unlawful for a person to be an eavesdropper or a Peeping Tom on or about the premises of another or to go upon the premises of another for the purpose of becoming an eavesdropper or a Peeping Tom. The term `Peeping Tom', as used in this section, is defined as a person who peeps through windows, doors, or other like places, on or about the premises of another, for the purpose of spying upon or invading the privacy of the persons spied upon and any other conduct of a similar nature, that tends to invade the privacy of others. The term `Peeping Tom' also includes any person who employs the use of video or audio equipment for the purposes set forth in this subsection but shall not include law enforcement performing surveillance for official investigative purposes. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years, or both.
(B) A person commits the crime of voyeurism if, for the purpose of arousing or gratifying sexual desire of any person, he or she knowingly views, photographs, videotapes, or films another person, without that person's knowledge and consent, while the person is in a place where he or she would have a reasonable expectation of privacy. A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not less than five hundred dollars nor more than five thousand dollars or imprisoned not more than five years, or both; or
(C) It is unlawful for a person who commits the crime of voyeurism to sell or to distribute any recording, videotape, or film of another person taken or made in violation of this section. A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not less than five hundred dollars not more than five thousand dollars or imprisoned not more than ten years, or both.
(D) As used in this section:
(1) 'Place where a person would have a reasonable expectation of privacy' means:
(a) a place where a reasonable person would believe that he or she could disrobe in privacy, without being concerned that his or her undressing was being photographed, filmed or videotaped by another; or
(b) a place where one would reasonably expect to be safe from casual or hostile intrusion or surveillance.
(2) 'Surveillance' means secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person.
(3) 'View' means the intentional looking upon of another person for more than a brief period of time, in other than a casual or cursory manner, with the unaided eye or with a device designed or intended to improve visual acuity.
(E) This section does not apply to:
(1) viewing, photographing, videotaping, or filming by personnel of the Department of Corrections or of a county, municipal, or local jail or detention center or correctional facility for security purposes or during investigation of alleged misconduct by a person in the custody of the Department of Corrections or a county, municipal, or local jail or detention center or correctional facility;
(2) security surveillance for the purposes of decreasing or prosecuting theft, shoplifting, or other security surveillance measures in bona fide business establishments; or
(3) any official law enforcement activities conducted pursuant to Section 16-17-480.
(F) In addition to any other punishment prescribed by this section or other provision of law, any person procuring video or audio recordings in violation of this section shall immediately forfeit all copies of such recordings. These copies must be destroyed when no longer required for evidentiary purposes."
SECTION 2. This act takes effect upon approval by the Governor. /
DONALD H. HOLLAND, for Committee.
TO AMEND SECTION 16-17-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EAVESDROPPING OR PEEPING, SO AS TO PROHIBIT THE USE OF ELECTRONIC VIDEO OR AUDIO EQUIPMENT FOR THE PURPOSE OF EAVESDROPPING AND TO REQUIRE IMMEDIATE FORFEITURE AND DESTRUCTION OF ALL VIDEO AND AUDIO RECORDINGS PRODUCED FROM SUCH ACTIVITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-17-470 of the 1976 Code is amended to read:
"Section 16-17-470. It is unlawful for a person to be an eavesdropper or a Peeping Tom on or about the premises of another or to go upon the premises of another for the purpose of becoming an eavesdropper or a Peeping Tom. The term `Peeping Tom', as used in this section, is defined as a person who peeps through windows, doors, or other like places, on or about the premises of another, for the purpose of spying upon or invading the privacy of the persons spied upon and any other conduct of a similar nature, that tends to invade the privacy of others. The term `Peeping Tom' also includes any person who employs the use of video or audio equipment for the above stated purposes but shall not include law enforcement performing surveillance for official investigative purposes. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years, or both.
In addition to any other punishment prescribed by this section or other provision of law, any person procuring video or audio recordings in violation of this section shall immediately forfeit all copies of such recordings which must be destroyed when no longer required for evidentiary purposes."
SECTION 2. This act takes effect upon approval by the Governor.
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