HB 160 -- CRIMES OF INVASION OF PRIVACY, DRIVE-BY SHOOTING,
ABANDONMENT, AND HAZING

This bill creates the crime of invasion of privacy.  This crime
is committed when a person knowingly views, photographs, or
films another person, without that person's knowledge and
consent, while the person is fully or partially nude in a place
where he or she has a reasonable expectation of privacy.
Prosecutions for invasion of privacy must be commenced within 3
years of the act or within 3 years of the time the victim first
learned that he or she was being viewed, filmed, or
photographed.  Invasion of privacy is a class A misdemeanor.
This offense becomes a class D felony if more than one person
was viewed, photographed, or filmed during the same course of
conduct.  The penalty for this crime becomes a class C felony if
the defendant is a prior privacy invasion offender.  Exceptions
to the crime are described.

The bill adds discharging or shooting a firearm at or from a
motor vehicle at any person or at another motor vehicle while
within a city, town, or village to the conducts that make up the
crime of unlawful use of weapons. The conduct of possessing or
discharging a firearm or projectile weapon while intoxicated is
a class B felony, unless the conduct results in injury or death
to another person, in which case it is a class A felony.  A
first time offender must be sentenced to the maximum prison
sentence for such a felony.  Enhanced penalties are provided for
prior and persistent offenders.  Persons who knowingly assist in
the commission of such crimes are subject to the same penalties
as the offenders.

The bill also creates two new crimes of abandonment.  First
degree child abandonment, a class B felony, occurs when a person
abandons a child who is less than 4 years old in circumstances
which are likely to result in serious physical injury or death
to the child.  The crime of second degree child abandonment, a
class D felony, occurs when a person abandons a child less than
8 years of age in circumstances which are likely to result in
serious physical injury or death to the child.

The crime of abandonment of a corpse occurs when a person
abandons, disposes, deserts, or leaves a corpse without
reporting the location of the body to the proper law enforcement
officers in that county.  Abandonment of a corpse is a class D
felony.

The bill also makes the act of "hazing," as defined by the
bill,  a class C felony, if it creates a substantial risk to a
student's or prospective member's life.  The bill removes
consent as a defense to hazing.

HB 160 -- INVASION OF PRIVACY (Kreider)

This bill creates the crime of invasion of privacy.  This crime
is committed when a person knowingly views, photographs, or
films another person, without that person's knowledge and
consent, while the person is fully or partially nude in a place
where he or she has a reasonable expectation of privacy.
Prosecutions for invasion of privacy must be commenced within 3
years of the act or within 3 years of the time the victim first
learned that he or she was being viewed, filmed, or
photographed.  Invasion of privacy is a class A misdemeanor.
This offense becomes a class D felony if more than one person
was viewed, photographed, or filmed during the same course of
conduct.  The penalty for this crime becomes a class C felony if
the defendant is a prior privacy invasion offender.  Exceptions
to the crime are described.

FISCAL NOTE: No impact on state funds.

HB 160 -- INVASION OF PRIVACY

SPONSOR: Kreider

COMMITTEE ACTION:  Voted "do pass" by the Committee on Civil and
Criminal Law by a vote of 15 to 0.

This bill creates the crime of invasion of privacy.  This crime
is committed when a person knowingly photographs or films
another person, without that person's consent, who is fully or
partially nude in a place where he or she has a reasonable
belief of privacy.  Prosecutions for invasion of privacy must be
commenced within 3 years of the act or within 3 years of the
time the victim first learned that he or she was being
photographed.  Invasion of privacy is a class A misdemeanor.
This offense becomes a class D felony if more than one person
was photographed or filmed during the same course of conduct.
The penalty for this crime becomes a class C felony if the
defendant is a prior privacy invasion offender.  Exceptions to
the crime are described.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say this bill fills a void in Missouri
law in that no statute covers the nonconsenual viewing of
another person who is nude or partially nude in an area that is
reasonably believed to be private.  The "Tanning Bed" cases in
Buffalo, Missouri, were cited as glaring examples of this legal
loophole.

Testifying for the bill were Representative Kreider; Attorney
General's Office; Prosecutor of Dallas County; and Robin Short,
a tanning bed victim.

OPPONENTS:  There was no opposition voiced to the committee.

Michael Warrick, Research Analyst

HB 160 -- Invasion of Privacy

Sponsor:  Kreider

This bill creates the crime of invasion of privacy.  This crime
is committed when a person knowingly photographs or films
another person who is fully or partially nude in a place where
he or she has a reasonable belief of privacy without that
person's consent.  Prosecutions for invasion of privacy must be
commenced within 3 years of the act or within 3 years of the
time the victim first learned that he or she was being
photographed.  Invasion of privacy is a class A misdemeanor.
This offense becomes a class D felony if more than one person
was photographed or filmed during the same course of conduct.
The penalty for this crime becomes a class C felony if the
defendant is a prior privacy invasion offender.  Exceptions to
the crime are described.