HB 125: "An Act relating to unlawful and indecent viewing and photography and to civil damages and penalties for that viewing and photography."
00 HOUSE BILL NO. 125 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 indecent viewing or photography in violation 07 of AS 11.61.121 or improper viewing in violation of AS 11.61.123 is, in addition to 08 any criminal penalty provided by law, liable in a civil action to the person viewed or 09 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; 14 (B) a penalty of $100 for each picture the person engaging in
01 the indecent viewing or photography or improper viewing reproduced or 02 transmitted to another person; in this paragraph, "picture" has the meaning 03 given in AS 11.61.123; and 04 (3) a penalty of $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 another person in the interior of a room 10 without the knowledge or consent of 11 (1) the parent or guardian of the person viewed, or who is shown in the 12 picture, if the person who is viewed or shown is under 16 years of age; and 13 (2) the person viewed or shown in the picture if the person viewed or 14 shown is at least 13 years of age. 15 (b) Each viewing of a person and each production of a picture of a person 16 constitutes a separate violation of this section. 17 (c) This section does not apply to viewing or photography conducted by a law 18 enforcement agency for a law enforcement purpose. 19 (d) In a prosecution under this section, it is an affirmative defense that the 20 viewing or photography was conducted 21 (1) as a security surveillance system, notice of the viewing or 22 photography was posted, and any viewing or use of pictures produced is done only in 23 the interest of crime prevention or prosecution; or 24 (2) by a professional journalist employed by a legitimate news- 25 gathering organization for an actual or intended news story. 26 (e) In this section, "picture" has the meaning given in AS 11.61.123. 27 (f) Improper viewing is a class A misdemeanor. 28 * Sec. 3. AS 11.61.123(a) is amended to read: 29 (a) A person commits the crime of indecent viewing or photography if, in the 30 state, the person knowingly views, or produces a picture of, the private exposure of the 31 genitals, anus, or female breast of another person, or the undergarments of the
01 person covering the genitals, anus, or female breast, and the view or production is 02 without the knowledge or consent of 03 (1) the parent or guardian of the person viewed, or who is shown in the 04 picture, if the person who is viewed or shown is under 16 years of age; and 05 (2) the person viewed or shown in the picture [,] if the person viewed 06 or shown is at least 13 years of age. 07 * Sec. 4. AS 11.61.123(e)(1) is amended to read: 08 (1) "picture" means a film, image, photograph, negative, slide, book, 09 newspaper, or magazine, whether in print, electronic, magnetic, or digital format; 10 [AND]