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BILL ANALYSIS

 

 

Senate Research Center

H.B. 207

84R19136 GCB-D

By: Leach et al. (Whitmire)

 

Criminal Justice

 

5/20/2015

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 207 amends current law relating to creating the offense of voyeurism and provides a penalty.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Chapter 21, Penal Code, by adding Section 21.16, as follows:

 

Sec. 21.16. VOYEURISM. (a) Provides that a person commits an offense if the person, with the intent to arouse or gratify the sexual desire of the actor, observes another person without the other person's consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy.

 

(b) Provides that, except as provided by Subsection (c) or (d), an offense under this section is a Class C misdemeanor.

 

(c) Provides that an offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of an offense under this section.

 

(d) Provides that an offense under this section is a state jail felony if the victim was a child younger than 14 years of age at the time of the offense.

 

(e) Provides that, if conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

 

SECTION 2. Effective date: September 1, 2015.