SF0087 • 2021

Voyeurism amendments.

AN ACT relating to crimes and offenses; amending the elements and penalties of the crime of voyeurism; authorizing the imposition of specified probation conditions for those persons convicted of voyeurism; making conforming amendments; and providing for an effective date.

Children Crime

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Senator Kost
Last action: 2021-04-07
Official status: enrolled
Effective date: 4/7/2021

Plain English Breakdown

The bill summary text does not provide information about the requirement for sex offender treatment as a condition of probation, which was mentioned in the candidate explanation but is not supported by the official source material.

Voyeurism Amendments

This law changes voyeurism penalties, expands prohibited areas, and allows longer probation terms for those convicted.

What This Bill Does

Expands the list of private places where someone cannot look in secret to include bedrooms and under clothing.
Makes using cameras or recording devices to record intimate parts without consent a felony with penalties up to five years in prison.
Increases fines for adults who commit voyeurism against minors from $250 to $5,000.
Allows courts to sentence people convicted of voyeurism to probation longer than six months if needed.

Who It Names or Affects

People who break voyeurism laws
Victims of voyeurism

Terms To Know

Voyeurism: The act of secretly watching or recording someone without their permission.
Felony: A serious crime that can lead to a prison sentence.

Limits and Unknowns

Does not specify how the law will be enforced.
The full impact on courts and victims is unclear.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0087H2001

2nd reading • Representative Stith

Adopted

Plain English: The amendment changes the definition of places where voyeurism can occur by adding dressing rooms as a specific location and removing other unspecified locations.

Adds 'dressing or fitting rooms' to the list of places covered under voyeurism laws.
Removes references to paragraphs (v) and (vi), which contained details about other locations.

The exact content removed from lines 16 through 18 is not specified, so it's unclear what specific information was deleted.

SF0087H3001

3rd reading • Representative Olsen

Adopted

Plain English: The amendment changes the number of years from two to five for a certain aspect of the voyeurism law.

Changes 'two (2)' years to 'five (5)' years in the text related to voyeurism.

The exact context and implications of changing this number are not clear from the provided amendment text alone.

SF0087H3002

3rd reading • Representative Connolly

Adopted

Plain English: The amendment changes the penalties and conditions for people convicted of voyeurism, specifically adding fines for minors and specifying that only adults over 18 can be charged as adults.

Adds a new section (c) stating that minors who violate subsection (b) will face a status offense with a maximum fine of $250.
Inserts language after 'person' to specify that the person must be at least 18 years old to be charged as an adult.

The amendment does not provide details on what constitutes subsection (b) or how it interacts with existing laws, which could limit its clarity for readers.

SF0087H3003

3rd reading • Representative Nicholas

Adopted

Plain English: The amendment removes a previous change and alters the wording and number in the bill related to voyeurism.

Removes a previously added line about 'five (5)' and replaces it with 'two (2)'.
Deletes another part of text that was previously inserted.

The exact nature and impact of the deleted parts are not fully explained in the amendment text.
Without context from previous amendments, some details about what is being changed may be unclear.

SF0087HS001

Standing Committee • House Judiciary Committee

Adopted

Plain English: The amendment changes the definition and penalties related to voyeurism, including increasing the minimum sentence length and allowing longer probation terms.

Adds livestreaming as a method of committing voyeurism along with recording.
Increases the minimum penalty from less than five years to more than ten years for certain offenses.
Allows courts to impose probation terms exceeding six months, up to one year total, for those convicted under the new law.

The amendment removes several lines of text on pages 4 and 5 without providing context about what was removed or why.

SF0087SW001

Committee of the Whole • Senator Nethercott

Adopted

Plain English: The amendment removes a specific condition related to the age of individuals from the bill text.

Removes language that added an age requirement for persons involved in voyeurism cases.

It is unclear what the exact impact will be without knowing the original context and implications of the removed age condition.

SF0087JC001

Conference Committee

S Adopted, H Adopted

Plain English: The amendment removes certain provisions added by the House and keeps others that were also added by the House.

Removes specific amendments related to voyeurism penalties and probation conditions.
Keeps other amendments related to voyeurism elements, penalties, and probation conditions.

The exact nature of the removed provisions is not detailed in the provided amendment text.
It's unclear what specific changes are being kept without more details on the House amendments.

SF0087SS001

Standing Committee • Senate Judiciary Committee

Adopted

Plain English: The amendment changes the penalties for voyeurism by increasing the number of years a person can be sentenced and adds an exception to the law.

Increases the maximum probation period from two years to five years.
Changes the minimum jail sentence from three years to at least three years, with a new maximum of five years.

The amendment text does not provide details about what the exception in W.S. 6-4-305 entails, so its full impact is unclear.

Bill History

2021-04-07 LSO
Assigned Chapter Number 141
2021-04-07 Governor
Governor Signed SEA No. 0069
2021-04-06 House
H Speaker Signed SEA No. 0069
2021-04-06 Senate
S President Signed SEA No. 0069
2021-04-06 LSO
Assigned Number SEA No. 0069
2021-04-01 House
H Appointed JCC01 Members
2021-03-31 Senate
S Appointed JCC01 Members
2021-03-31 Senate
S Concur:Failed 0-30-0-0-0
2021-03-31 Senate
S Received for Concurrence
2021-03-30 House
H 3rd Reading:Passed 57-3-0-0-0
2021-03-29 House
H 2nd Reading:Passed
2021-03-26 House
H COW:Passed
2021-03-23 House
H Placed on General File
2021-03-23 House
H01 - Judiciary:Recommend Amend and Do Pass 9-0-0-0-0
2021-03-12 House
H Introduced and Referred to H01 - Judiciary
2021-03-09 House
H Received for Introduction
2021-03-09 Senate
S 3rd Reading:Passed 30-0-0-0-0
2021-03-08 Senate
S 2nd Reading:Passed
2021-03-05 Senate
S COW:Passed
2021-03-01 Senate
S Placed on General File
2021-03-01 Senate
S01 - Judiciary:Recommend Amend and Do Pass 5-0-0-0-0
2021-02-05 Senate
S Introduced and Referred to S01 - Judiciary
2021-02-05 Senate
S Received for Introduction
2021-02-05 LSO
Bill Number Assigned

Official Summary Text

Bill Summary - 21LSO-0069
Bill No.:

SF0087

Effective:

Immediately

LSO No.:

21LSO-0069

Enrolled Act No.:

SEA No. 0069

Chapter No.:

141

Prime Sponsor:

Kost

Catch Title:

Voyeurism amendments.

Subject:

Amending the elements and penalties for the crime of voyeurism.

Summary/Major Elements:

This act amends the elements of the crime of voyeurism and the penalties for voyeurism.

This act expands the list of enumerated places where a person is prohibited from looking in a clandestine way into an area to see a person by including bedrooms and looking under the clothing that another person is wearing, regardless of whether the person is in a place where the person has a reasonable expectation of privacy.

The act amends the elements of felony voyeurism to include the use of a camera or recording device for recording or livestreaming, and to include reference to the victim's intimate areas as an element.

The act expands the maximum penalty for committing voyeurism with a recording device or camera from two (2) years to five (5) years.

The act further amends the penalties for voyeurism as follows:
Minors who commit felony voyeurism are guilty of a status offense and subject to a fine not to exceed two fifty dollars ($250.00);
Adults who commit voyeurism where the victim is a minor is guilty of a felony punishable by imprisonment not to exceed ten (10) years, a fine not to exceed five thousand dollars ($5,000.00), or both;
Persons who commit misdemeanor voyeurism may be placed on probation for a period up to one year, even though the maximum term of imprisonment is only six (6) months;
An adult who commits a second or subsequent offense of voyeurism is subject to imprisonment not to exceed five (5) years, a fine not to exceed five thousand dollars ($5,000.00), or both;
The act authorizes a court to require a defendant to successfully complete a sex-offender-treatment program as a condition of probation.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text

21LSO-0069

ORIGINAL Senate

ENGROSSED
File No
.
SF0087

ENROLLED ACT NO. 69,

SENATE

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 General Session

AN ACT relating to crimes and offenses; amending the elements and penalties of the crime of voyeurism; authorizing the imposition of specified probation conditions for those persons convicted of voyeurism; making conforming amendments; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 6
‑
4
‑
304(a)(intro), (iii), by creating new paragraphs (v) and (vi), (b)(intro), (ii) and by creating new subsections (c) through (g) and 7
‑
13
‑
304 by creating a new subsection (e) are amended to read:

6
‑
4
‑
304.

Voyeurism; penalties.

(a)

Except as otherwise provided in this section, a
person is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both, if he, without the consent of the person being viewed, commits the crime of voyeurism by looking in a clandestine, surreptitious, prying or secretive nature into an
enclosed
area where the person being viewed has a reasonable expectation of privacy, including, but not limited to:

(iii)

Showers;
or

(v)

Bedrooms; or

(vi)

Under the clothing being worn by another person, regardless of whether the person is in a place where the person has a reasonable expectation of privacy.

(b)

Except as otherwise provided in this section, a
person is guilty of a felony punishable by imprisonment for not more than
two (2)
five (5)
years, a fine of not more than five thousand dollars ($5,000.00), or both, if he:

(ii)

Uses a camera, video camera or any other image recording device
:

(A)

F
or the purpose of observing, viewing, photographing, filming
, recording, livestreaming
or videotaping
the intimate areas of
another person
;

(B)

U
nder
the
clothing being worn by the other person
; and

(C)

where that other person has not consented to the observing, viewing, photographing, filming or videotaping
Without the consent of the other person
.

(c)

A minor convicted of violating subsection (b) of this section shall be guilty of a status offense as defined in W.S. 7
‑
1
‑
107(b)(iii) and may be fined not more than two hundred fifty dollars ($250.00).

(d)

A person who is eighteen (18) years of age or older who commits an offense as specified in this section for which the victim is less than eighteen (18) years of age shall be guilty of a felony punishable by imprisonment of not more than ten (10) years, a fine of not greater than five thousand dollars ($5,000.00), or both.

(e)

If a person sentenced under subsection (a) of this section is placed on probation, the court may, notwithstanding any other provision of law, impose a term of probation exceeding the maximum imprisonment of six (6)
months, provided the term of probation, including extensions, shall not exceed one (1) year.

(f)

A person who is eighteen (18) years of age or older who commits an offense as specified in subsection (a) or (b) of this section who has previously been convicted as an adult of an offense under subsection (a) or (b) of this section or of a similar offense under the laws of another state shall be guilty of a felony punishable by imprisonment of not greater than five (5) years, a fine of not greater than five thousand dollars ($5,000.00), or both.

(g)

As used in this section, "intimate area" means any portion of a person's pubic area, buttocks, vulva, genitals, female breast or undergarments intended to cover those portions. "Intimate area" does not include intimate areas visible through a person's clothing or intimate areas knowingly exposed in public.

7
‑
13
‑
304.

Imposition or modification of conditions; performance of work by defendant.

(e)

As a condition of probation or suspension of sentence for a person convicted of an offense under W.S. 6
‑
4
‑
304, the court may require a defendant to complete successfully a sex offender treatment program.

Section 2
.

This act is effective
immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1