H 3967 General Bill, By J. Smith, Haskins, Barrett, Bowers, T. Brown, Cato, 
Clyburn, Emory, Gourdine, J. Hines, Law, Leach, Lloyd, Loftis, Lourie, Mack, 
McCraw, McMahand, Moody-Lawrence, Ott, Phillips, Robinson, Sandifer, D. Smith, 
Tripp, Whatley and Wilder
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 16-17-475 SO AS TO CREATE THE FELONY OFFENSE OF VOYEURISM BY PROHIBITING A
 PERSON FROM PHOTOGRAPHING, VIDEOTAPING, OR FILMING ANOTHER PERSON, WITHOUT
 CONSENT, IN A PLACE WHERE THE PERSON HAS A REASONABLE EXPECTATION OF PRIVACY;
 AND TO PROVIDE PENALTIES AND EXCEPTIONS.

   04/21/99  House  Introduced and read first time HJ-96
   04/21/99  House  Referred to Committee on Judiciary HJ-96

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-475 SO AS TO CREATE THE FELONY OFFENSE OF VOYEURISM BY PROHIBITING A PERSON FROM PHOTOGRAPHING, VIDEOTAPING, OR FILMING ANOTHER PERSON, WITHOUT CONSENT, IN A PLACE WHERE THE PERSON HAS A REASONABLE EXPECTATION OF PRIVACY; AND TO PROVIDE PENALTIES AND EXCEPTIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 16-17-475. (A) It is unlawful for a person to photograph, videotape, or film the actions of another person, without that person's consent, in a place where the person has a reasonable expectation of privacy.

(B) A person who violates subsection (A) is guilty of voyeurism, a felony, and must be fined not more than fifteen hundred dollars or imprisoned not more than five years, or both.

(C) This section does not apply to photographing, videotaping, or filming by:

(1) correctional officers of the Department of Corrections or of a county, municipal, local, or regional jail, detention center, or correctional facility for security purposes or during investigation of alleged misconduct of a person in custody;

(2) law enforcement officers pursuant to a lawful criminal investigation;

(3) a person licensed and bonded pursuant to Chapter 17, Title 40, while lawfully engaging in the private detective business."

SECTION 2. This act takes effect upon approval by the Governor.