SB-0918, As Passed House, June 1, 2004                                      

SUBSTITUTE FOR

SENATE BILL NO. 918

                                                                             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 any of the following:                 

2       (a) Surveil another individual who is clad only in his or her               

3   undergarments, the unclad genitalia or buttocks of another                  

4   individual, or the unclad breasts of a female individual under              

5   circumstances in which the individual would have a reasonable               

6   expectation of privacy.                                                     

7       (b) Photograph, or otherwise capture or record, the visual                  

8   image of the undergarments worn by another individual, the unclad           

9   genitalia or buttocks of another individual, or the unclad                  

10  breasts of a female individual under circumstances in which the             

11  individual would have a reasonable expectation of privacy.                  

Senate Bill No. 918 as amended May 20, 2004

as amended June 1, 2004                                     

1       (c) Distribute, disseminate, or transmit for access by any                  

2   other person a recording, photograph, or visual image the person            

3   knows or has reason to know was obtained in violation of this               

4   section.                                                                    

5       (2) A person who violates or attempts to violate this section               

6   is guilty of a crime as follows:                                            

7       (a) For a violation or attempted violation of subsection                    

8   (1)(a):                                                                     

9                                                                                (i) Except as provided in subparagraph (ii), the person is                           

10  guilty of a felony punishable by imprisonment for not more than 2           

11  years or a fine of not more than $2,000.00, or both.                        

12      (ii) If the person was previously convicted of violating or                  

13  attempting to violate subsection (1)(a), the person is guilty of            

14  a felony punishable by imprisonment for not more than 5 years or            

15  a fine of not more than $5,000.00, or both.                                 

16      (b) For a violation or attempted violation of subsection                    

17  (1)(b) or (c), the person is guilty of a felony punishable by               

18  imprisonment for not more than 5 years or a fine of not more than           

19   $5,000.00, or both.

  <<(3) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law committed by that person while violating or attempting to violate subsection (1)(a) to (c).

     (4) This section does not prohibit security monitoring in a residence if conducted by or at the direction of the owner or principal occupant of that residence unless conducted for a lewd or lascivious purpose.

[(5) This section does not apply to a peace officer of this state or of the federal government, or the officer's agent, while in the performance of the officer's duties.

20      (6)]>> As used in this section, "surveil" means to subject an               

21  individual to surveillance as that term is defined in section               

22  539a.

23      Enacting section 1.  This amendatory act takes effect                       

24  September 1, 2004.                                                          

25      Enacting section 2.  This amendatory act does not take                      

26  effect unless House Bill No. 5692 of the 92nd Legislature is                

27  enacted into law.