The Register-Herald, Beckley, West Virginia

Local News

February 19, 2007

Senate prepares to vote on jail term for voyeurism

Mannix Porterfield

CHARLESTON — Stealing a look at one’s uncovered body, and, worse yet, recording this invasion of privacy on film in secret could be a crime in West Virginia — one that is simply to be known as voyeurism.

In existing law, those who skulk about on another’s property in hopes of getting a look to satisfy them sexually are merely guilty of trespassing.

Without a single change Monday, the Senate advanced to the voting stage a bill sought by Sen. Andy McKenzie, R-Ohio, at the behest of a distraught female who fell victim some years ago to a Peeping Tom.

“Everybody thinks this is kind of a funny issue,” McKenzie said, alluding to some guffaws and one-liners tossed around when the bill was taken up in the Senate Judiciary Committee.

“But I think it’s a very serious issue. It’s more serious if it happens to you.”

In today’s modern setting, voyeurism has taken on an even more serious side, given the technology that allows intruders to sneak into dressing and locker rooms with camera phones to snap those in the altogether.

“All of a sudden, people are taking nude pictures and they’re on the World Wide Web,” McKenzie said.

Despite the coverage of his bill — a Register-Herald story formed the basis of one in USA Today, he said — McKenzie hasn’t had any feedback from his constituents.

McKenzie expects easy passage in today’s floor session, but wondered if House Judiciary Chair Carrie Webster, D-Kanawha, would take it up.

Voyeurism done for sexual gratification would be a misdemeanor, punishable by a jail term up to one year and, or a maximum fine of $5,000, or both.

Second and subsequent offenses would be a felony, and the offender would land a penalty of a prison term of one to five years, and a maximum fine of $10,000, or both.

Any prosecution must be started within three years of the offense.

Another bill that stirred much talk is at the amendment stage today — one that would fine adults as a secondary offense for smoking inside a motor vehicle with a minor present.

The original bill was amended so that any offender cited would have to be over 18, thus precluding the arrest of teenagers smoking in a vehicle with no adults present.

Any fine would range from $10 to $20, in line with the mandatory child safety seat law.

— E-mail:

mannix@register-herald.com

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