SB48 (2005) Detail

(New Title) prohibiting unlawful peering into the dwelling place of another.


SB 48-FN – AS AMENDED BY THE HOUSE

02/17/05 0236s

04May2005… 1233h

2005 SESSION

05-0926

04/03

SENATE BILL 48-FN

AN ACT prohibiting unlawful peering into the dwelling place of another.

SPONSORS: Sen. Estabrook, Dist 21; Sen. Johnson, Dist 2; Rep. M. Smith, Straf 7; Rep. Wall, Straf 7; Rep. Spang, Straf 7; Rep. Rous, Straf 7; Rep. Miller, Straf 7

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill prohibits a person from knowingly entering any residential curtilage or any other private place, without lawful authority and looking into the residential structure thereon or other private place in reckless disregard of infringing on the inhabitant’s right of privacy.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/17/05 0236s

04May2005… 1233h

05-0926

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT prohibiting unlawful peering into the dwelling place of another.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Breaches of Peace; Violation of Privacy. Amend RSA 644:9 to read as follows:

644:9 Violation of Privacy.

I. A person is guilty of a class A misdemeanor if such person unlawfully and without the consent of the persons entitled to privacy therein, installs or uses:

(a) Any device for the purpose of observing, photographing, recording, amplifying, broadcasting, or in any way transmitting images or sounds of the private body parts of a person including the genitalia, buttocks, or female breasts, or a person's body underneath that person's clothing; or

(b) In any private place, any device for the purpose of observing, photographing, recording, amplifying or broadcasting, or in any way transmitting images or sounds in such place; or

(c) Outside a private place, any device for the purpose of hearing, recording, amplifying, broadcasting, or in any way transmitting images or sounds originating in such place which would not ordinarily be audible or comprehensible outside such place.

II. As used in this section, "private place" means a place where one may reasonably expect to be safe from surveillance including public restrooms, locker rooms, or any place where a person's private body parts including genitalia, buttocks, or female breasts may be exposed.

III. A person is guilty of a class A misdemeanor if that person knowingly disseminates or causes the dissemination of any photograph or video recording of himself or herself engaging in sexual activity with another person without the express consent of the other person or persons who appear in the photograph or videotape. In this paragraph, "disseminate" and "sexual activity" shall have the same meaning as in RSA 649-A:2.

IV. A person is guilty of a misdemeanor if such person knowingly enters any residential curtilage, as defined in RSA 627:9, I, or any other private place as defined in paragraph II of this section, without lawful authority and looks into the residential structure thereon or other private place in reckless disregard of infringing on the inhabitant’s right of privacy.

[IV] V. Paragraphs I and II shall not be construed to impair or limit any otherwise lawful activities of law enforcement personnel, nor are paragraphs I and II intended to limit employees of governmental agencies or other entities, public or private, who, in the course and scope of their employment and supported by articulable suspicion, attempt to capture any type of visual image, sound recording, or other physical impression of a person during an investigation, surveillance, or monitoring of conduct to obtain evidence of suspected illegal activity, the suspected violation of any administrative rule or regulation, a suspected fraudulent insurance claim, or any other suspected fraudulent conduct or activity involving a violation of law, or pattern of business practices adversely affecting the public health or safety.

2 Effective Date. This act shall take effect on January 1, 2006.

LBAO

05-0926

Amended 2/18/05

SB 48 FISCAL NOTE

AN ACT prohibiting unlawful peering into the dwelling place of another.

FISCAL IMPACT:

The Judicial Branch and Association of Counties state this bill, as amended by the Senate (Senate Amendment #2005-0236s), will increase state and county expenditures by an indeterminable amount in FY 2006 and each year thereafter. There will be no fiscal impact on state, county, and local revenue or local expenditures.

METHODOLOGY:

The Judicial Branch states this bill would add RSA 644:6-a to the breach of peace statute to deal with “peeping Toms”. A conviction of this new offense would be a violation for a first offense, and a class B misdemeanor for subsequent offenses. The possibility exists that some of these cases may already be brought as criminal trespass, and the penalties for the proposed offense do not involve the potential for incarceration. On the assumption that this bill will result in few additional cases, the fiscal impact to the Branch will be minimal. Any fiscal impact to the Judicial Branch will result in increased delays in the processing of other cases.

The Association of Counties states to the extent individuals are prosecuted, the county may incur the cost of pre-trial detainment at the county department of corrections as well as the cost of sentenced inmates under the new law. The average annual cost for counties to incarcerate inmates is $21,633.55. The Association states the total exposure to the counties would be dependent on the number of individuals convicted and sentenced under the new law, which cannot be determined at this time.

The Judicial Council states that neither a violation level offense, nor a class B misdemeanor penalty involves the potential for incarceration and as such no right to counsel attaches. This bill will have no fiscal impact on indigent defense expenditures.

The Department of Justice states this bill may have a negligible fiscal impact, if any, on their Department and any costs can be absorbed within their current budget.

Links

SB48 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

SB48 Revision: 9301 Date: Jan. 21, 2010, midnight

Docket