House Bill No. 200

Introduced By Ahner, Masolo, McGee, Molnar, Bergman, Grimes, Waterman, Harper, Smith



A Bill for an Act entitled: An Act criminalizing the surreptitious taking of a person's picture in certain rooms in a business establishment.



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



Section 1.  Surreptitious visual recordation -- penalty.  An owner, manager, or employee of a business or a landlord who knowingly surreptitiously records a visual image of a person in a restroom, washroom, shower, bedroom, fitting room, or other room used by a customer, guest, tenant, or member of the public to, with a reasonable expectation of privacy, change or try on clothes, bathe, perform intimate bodily functions, or appear nude or partially nude or in underclothes commits the offense of surreptitious visual recordation. A person convicted of the offense of surreptitious visual recordation shall be fined an amount not to exceed $1,000 or incarcerated for a term not to exceed 6 months, or both, if the victim was an adult and shall be fined an amount not to exceed $5,000 or incarcerated for a term not to exceed 2 years, or both, if the victim was a minor.



Section 2.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 45, chapter 5, and the provisions of Title 45 apply to [section 1].

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