January 15, 2004, Introduced by Senators SANBORN and STAMAS 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
1 female individual, under circumstances in which the individual
2 would have a reasonable expectation of privacy, without the
3 consent 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
7 section 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 90 days or a fine of not more than $100.00, 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 $2,000.00,
15 or both.
16 Enacting section 1. This amendatory act takes effect 90
17 days after the date it is enacted.