Senate Bill No. 219

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act creating the criminal offense of surreptitious visual observation or recordation; and providing an immediate effective date."

Be it enacted by the Legislature of the State of Montana:

NEW SECTION. Section 1.  Surreptitious visual observation or recordation. (1) A person commits the offense of surreptitious visual observation or recordation if a person purposely or knowingly:

(a) hides, waits, or otherwise loiters in the vicinity of a private dwelling house, apartment, or other place of residence for the purpose of watching, gazing at, or looking upon any occupant in the residence in a surreptitious manner; or

(b) by means of an electronic or mechanical recording device, surreptitiously records the visual image of a person in a public or private place in which the recorded person has a reasonable expectation of privacy.

(2) A person convicted of the offense of surreptitious visual observation or recordation shall be fined an amount not to exceed $500 or be incarcerated in the county jail for a term not to exceed 6 months, or both.  Upon a second conviction, a person shall be fined an amount not to exceed $1,000 or be incarcerated for a term not to exceed 1 year, or both. Upon a third or subsequent conviction, a person shall be fined an amount not to exceed $10,000 or be incarcerated for a term not to exceed 5 years, or both.

NEW SECTION. Section 2.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 45, chapter 8, part 2, and the provisions of Title 45 apply to [section 1].

NEW SECTION. Section 3.  Effective date. [This act] is effective on passage and approval.

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