SENATE BILL No. 531

June 12, 2001, Introduced by Senators SHUGARS, MC COTTER, HAMMERSTROM and GOSCHKA 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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