|
By Mr. Lantigua of Lawrence, petition (accompanied by bill, House, No. 3874) of William Lantigua relative to the penalties for invading the privacy of persons in a state of nudity. The Judiciary. |
The Commonwealth of Massachusetts
——————
PETITION OF:
——————
In the Year Two Thousand and Seven.
——————
|
An Act prohiibiting certain conduct for sexual gratification |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Chapter 272 of the General Court Laws is hereby amended by inserting after section 28 I the following section:-
28 J.
(A) No person, for the purpose of sexually arousing or gratifying the person’s self, shall commit trespass or otherwise surreptitiously invade the privacy of another, to spy or eavesdrop upon another.
(B) No person, for the purpose of sexually arousing or gratifying the person’s self, shall commit trespass or otherwise surreptitiously invade the privacy of another to photograph the other person in a state of nudity.
(C) No person, for the purpose of sexually arousing or gratifying the person’s self, shall commit trespass or otherwise surreptitiously invade the privacy of another to photograph the other person in a state o nudity if the other person is a minor.
(D) No person, for the purpose of sexually arousing or gratifying the person’s self, shall commit trespass or otherwise surreptitiously invade the privacy of another to photograph the other person in a state of nudity if the other person is a minor and any of the following applies:
(1) The offender is the minor’s natural or adoptive parent, stepparent, guardian, or custodian, or person in loco parentis of the minor.
(2) The minor is in custody of law or is a patient in a hospital or other institution, and the offender has supervisory or disciplinary authority over the minor.
(3) The offender is a teacher, administrator, coach, or other person in authority employed by or serving in a school the minor is enrolled in or attends that school, and the offender is not enrolled in and does not attend that school.
(4) The offender is a teacher, administrator, coach, or other person in authority employed by or serving in an institution of higher education, and the minor is enrolled in or attends that institution.
(5) The offender is a caregiver, administrator, or other person in authority employed by or serving in a child day-care center, family day-care home.
(6) The offender is the minor’s athletic or other type of coach, is the minor’s instructor, is the leader of a scouting troop of which the minor is a member, provides babysitting care for the minor, or is a person with temporary or occasional disciplinary control over the minor.
(E) No person shall secretly or surreptitiously videotape, film, photograph, or otherwise record another person under or through the clothing being worn by that other person for the purpose of viewing the body of, or the undergarments worn by, that other person.
A violation of subsection (A) (B) (C) and (E) shall be punished by imprisonment in a jail or house of correction for not more than 2 ˝ year or a fine of not more than $5,000 or both. A violation of subsection (D) shall be punished by imprisonment in the state prison for not more than 5 years or by a fine not more than $10,000 or both.