SENATE BILL No.
896



   December 1, 1999, Introduced by Senators SHUGARS, ROGERS, JOHNSON, 
        HAMMERSTROM, STILLE, STEIL and GAST and referred to the Committee on 
        Judiciary.



        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   (MCL 750.1 to 750.568) by adding section 539j.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 539J.  (1) A PERSON SHALL NOT DO EITHER OF THE

 2    FOLLOWING:

 3         (A) PHOTOGRAPH OR OTHERWISE RECORD A VISUAL IMAGE OF THE

 4    UNDERGARMENTS WORN BY AN INDIVIDUAL UNDER CIRCUMSTANCES IN WHICH

 5    THE INDIVIDUAL WOULD HAVE A REASONABLE EXPECTATION OF PRIVACY,

 6    WITHOUT THE CONSENT OF THAT INDIVIDUAL OR, IF THE INDIVIDUAL IS A

 7    CHILD OR AN INDIVIDUAL WHO IS LEGALLY INCAPACITATED, WITHOUT THE

 8    CONSENT OF AN INDIVIDUAL HAVING LAWFUL AUTHORITY TO PROVIDE THAT

 9    CONSENT.

10         (B) PHOTOGRAPH OR OTHERWISE RECORD A VISUAL IMAGE OF THE

11    GENITALIA OR BUTTOCKS OF ANY INDIVIDUAL, OR THE BREASTS OF A


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 1    FEMALE INDIVIDUAL, UNDER CIRCUMSTANCES IN WHICH THE INDIVIDUAL

 2    WOULD HAVE A REASONABLE EXPECTATION OF PRIVACY, WITHOUT THE CON-

 3    SENT OF THAT INDIVIDUAL OR, IF THE INDIVIDUAL IS A CHILD OR AN

 4    INDIVIDUAL WHO IS LEGALLY INCAPACITATED, WITHOUT THE CONSENT OF

 5    AN INDIVIDUAL HAVING LAWFUL AUTHORITY TO PROVIDE THAT CONSENT.

 6         (2) A PERSON WHO VIOLATES OR ATTEMPTS TO VIOLATE THIS SEC-

 7    TION IS GUILTY OF A CRIME AS FOLLOWS:

 8         (A) EXCEPT AS PROVIDED IN SUBDIVISION (B), THE PERSON IS

 9    GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE

10    THAN 1 YEAR OR A FINE OF NOT MORE THAN $1,000.00, OR BOTH.

11         (B) A PERSON WHO VIOLATES THIS SECTION FOR COMMERCIAL GAIN,

12    OR WHO COMMITS A SECOND OR SUBSEQUENT VIOLATION PUNISHABLE UNDER

13    SUBDIVISION (A), IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT

14    FOR NOT MORE THAN 4 YEARS OR A FINE OF NOT MORE THAN $10,000.00,

15    OR BOTH.

16         Enacting section 1.  This amendatory act takes effect 90

17    days after the date it is enacted.























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