CSHB 125(FIN): "An Act relating to unlawful and indecent viewing and photography and to civil damages and penalties for that viewing and photography."
00 CS FOR HOUSE BILL NO. 125(FIN) 01 "An Act relating to unlawful and indecent viewing and photography and to civil 02 damages and penalties for that viewing and photography." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 09.68 is amended by adding a new section to read: 05 Sec. 09.68.150. Indecent viewing or photography or improper viewing 06 civil liability. A person who engages in improper viewing or photography in violation 07 of AS 11.61.121 or indecent viewing or photography in violation of AS 11.61.123 is, 08 in addition to any criminal penalty provided by law, liable in a civil action to the 09 person viewed or photographed for 10 (1) the person's actual damages; 11 (2) the total of 12 (A) any pecuniary gain realized by the person from engaging in 13 the indecent viewing or photography or improper viewing or photography; 14 (B) a penalty of $100 for each picture the person engaging in
01 the indecent viewing or photography or improper viewing or photography 02 reproduced or transmitted to another person; in this paragraph, "picture" has 03 the meaning given in AS 11.61.123; and 04 (3) a penalty of up to $5,000 for each day the person viewed or 05 photographed was viewed or photographed. 06 * Sec. 2. AS 11.61 is amended by adding a new section to read: 07 Sec. 11.61.121. Improper viewing or photography. (a) A person commits 08 the crime of improper viewing or photography if the person knowingly and 09 surreptitiously views or produces a picture of or knowingly employs a hidden or 10 concealed camera, peephole, or two-way mirror to view or produce a picture of 11 another person in the interior of a residence or domicile without the knowledge or 12 consent of 13 (1) the parent or guardian of the person viewed, or who is shown in the 14 picture, if the person who is viewed or shown is under 16 years of age; and 15 (2) the person viewed or shown in the picture if the person viewed or 16 shown is at least 13 years of age. 17 (b) Each viewing of a person and each production of a picture of a person 18 constitutes a separate violation of this section. 19 (c) This section does not apply to viewing or photography conducted by a law 20 enforcement agency for a law enforcement purpose. 21 (d) In a prosecution under this section, it is an affirmative defense that notice 22 of the viewing or photography was posted, or any viewing or use of pictures produced 23 is done only in the interest of crime prevention or prosecution. 24 (e) In this section, "picture" has the meaning given in AS 11.61.123. 25 (f) Improper viewing is a class A misdemeanor. 26 * Sec. 3. AS 11.61.123(a) is amended to read: 27 (a) A person commits the crime of indecent viewing or photography if, in the 28 state, the person knowingly views, or produces a picture of, the private exposure of the 29 genitals, anus, or female breast of another person, or the undergarments of the 30 person covering the genitals, anus, or female breast, and the view or production is 31 without the knowledge or consent of
01 (1) the parent or guardian of the person viewed, or who is shown in the 02 picture, if the person who is viewed or shown is under 16 years of age; and 03 (2) the person viewed or shown in the picture [,] if the person viewed 04 or shown is at least 13 years of age. 05 * Sec. 4. AS 11.61.123(e)(1) is amended to read: 06 (1) "picture" means a film, image, photograph, negative, slide, book, 07 newspaper, or magazine, whether in print, electronic, magnetic, or digital format; 08 [AND]