Is Voyeurism considered an act of moral turpitude?
Full Question:
Is Voyeurism considered an act of moral turpitude?
11/20/2007 |
Category: Criminal |
State: Ohio |
#12607
Answer:
The following is an Ohio statute:
§ 2907.08. Voyeurism.
(A) No person, for the purpose of sexually arousing or gratifying the
person's self, shall commit trespass or otherwise surreptitiously invade
the privacy of another, to spy or eavesdrop upon another.
(B) No person, for the purpose of sexually arousing or gratifying the
person's self, shall commit trespass or otherwise surreptitiously invade
the privacy of another to videotape, film, photograph, or otherwise
record the other person in a state of nudity.
(C) No person, for the purpose of sexually arousing or gratifying the
person's self, shall commit trespass or otherwise surreptitiously invade
the privacy of another to videotape, film, photograph, or otherwise
record the other person in a state of nudity if the other person is a
minor.
(D) No person, for the purpose of sexually arousing or gratifying the
person's self, shall commit trespass or otherwise surreptitiously invade
the privacy of another to videotape, film, photograph, or otherwise
record the other person in a state of nudity if the other person is a
minor and any of the following applies:
(1) The offender is the minor's natural or adoptive parent,
stepparent, guardian, or custodian, or person in loco parentis of the
minor.
(2) The minor is in custody of law or is a patient in a hospital or
other institution, and the offender has supervisory or disciplinary
authority over the minor.
(3) The offender is a teacher, administrator, coach, or other person in
authority employed by or serving in a school for which the state board of
education prescribes minimum standards pursuant to division (D) of
section 3301.07 of the Revised Code, the minor is enrolled in or attends
that school, and the offender is not enrolled in and does not attend that
school.
(4) The offender is a teacher, administrator, coach, or other person in
authority employed by or serving in an institution of higher education,
and the minor is enrolled in or attends that institution.
(5) The offender is a caregiver, administrator, or other person in
authority employed by or serving in a child day-care center, type A
family day-care home, or type B family day-care home, and the minor is
enrolled in or attends that center or home.
(6) The offender is the minor's athletic or other type of coach, is the
minor's instructor, is the leader of a scouting troop of which the minor
is a member, provides babysitting care for the minor, or is a person with
temporary or occasional disciplinary control over the minor.
(E) No person shall secretly or surreptitiously videotape, film,
photograph, or otherwise record another person under or through the
clothing being worn by that other person for the purpose of viewing the
body of, or the undergarments worn by, that other person.[fn†]
(F)(1) Whoever violates this section is guilty of voyeurism.
(2) A violation of division (A) of this section is a misdemeanor of the
third degree.
(3) A violation of division (B) of this section is a misdemeanor of the
second degree.
(4) A violation of division (C) or (E) of this section is a misdemeanor
of the first degree.
(5) A violation of division (D) of this section is a felony of the
fifth degree.
(G) As used in this section:
(1) "Institution of higher education" means a state institution of
higher education as defined in section 3345.031 [3345.03.1] of the
Revised Code, a private nonprofit college or university located in this
state that possesses a certificate of authorization issued by the Ohio
board of regents pursuant to Chapter 1713. of the Revised Code, or a
school certified under Chapter 3332. of the Revised Code.
(2) "Child day-care center," "type A family day-care home," and "type B
family day-care home" have the same meanings as in section 5104.01 of the
Revised Code.
(3) "Babysitting care" means care provided for a child while the
parents, guardian, or legal custodian of the child is temporarily away.
[fn†] Division (E) was enacted in HB 504 (148 v — ).