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2005 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-386.1 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-386.1. Unlawful filming, videotaping or photographing of another; penalty.
A. It shall be unlawful for any person to knowingly and
intentionally videotape, photograph, or film any nonconsenting person or
create any videographic or still image record by any means whatsoever of the
nonconsenting person if (i) that person is totally nude, clad in
undergarments, or in a state of undress so as to expose the genitals, pubic
area, buttocks or female breast in a restroom, dressing room, locker room,
hotel room, motel room, tanning bed, tanning booth, bedroom or other location;
or (ii) the videotape, photograph, film or videographic or still image record
is created by placing the lens or image-gathering component of the recording
device in a position directly beneath or between a person’s legs for the
purpose of capturing an image of the person's intimate parts or undergarments
covering those intimate parts when the intimate parts or undergarments would
not otherwise be visible to the general public; and (ii) when the
circumstances set forth in clause (i) or (ii) are otherwise such that
the person being videotaped, photographed, or filmed or
otherwise recorded would have a reasonable expectation of privacy.
B. The provisions of this section shall not apply to filming, videotaping or photographing or other still image or videographic recording by (i) law-enforcement officers pursuant to a criminal investigation which is otherwise lawful or (ii) correctional officials and local or regional jail officials for security purposes or for investigations of alleged misconduct involving a person committed to the Department of Corrections or to a local or regional jail, or to any sound recording of an oral conversation made as a result of any videotaping or filming pursuant to Chapter 6 (§ 19.2-61 et seq.) of Title 19.2.
C. A violation of subsection A shall be punishable as a Class 1 misdemeanor.
D. A violation of subsection A involving a nonconsenting person under the age of 18 shall be punishable as a Class 6 felony.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.