IN SB0101

Creates the crime of "invasion of privacy by photography" for surreptitiously photographing, video recording, or digitally capturing an individual's private area (naked or undergarment-clad genitals, pubic area, or buttocks) without consent

Requires that the act be done under circumstances where a reasonable person would believe the private area would not be visible to the public

Offense must be committed with intent to gratify sexual desires, humiliate or embarrass the victim, or publish/transmit/disseminate the image

Classifies the base offense as a Class A misdemeanor, elevated to a Class D felony if the person publishes, transmits, or disseminates the photograph, video, or digital image

Effective date of July 1, 2010, applying only to crimes committed after June 30, 2010