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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of voyeurism. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 21, Penal Code, is amended by adding |
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Section 21.13 to read as follows: |
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Sec. 21.13. VOYEURISM. (a) A person commits an offense if |
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the person, with the intent to arouse or gratify the sexual desire |
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of any person: |
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(1) enters on the property of another and looks into a |
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dwelling on the property through any window or other opening in the |
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dwelling; |
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(2) while on the premises of a hotel or comparable |
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establishment, looks into a guest room not the person's own through |
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a window or other opening in the room; or |
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(3) while on the premises of a public place, looks into |
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an area such as a restroom or shower stall or changing or dressing |
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room that is designed to provide privacy to a person using the area. |
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(b) For purposes of this section, an act is considered to |
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occur in a public place if it produces its offensive or proscribed |
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consequences in the public place. |
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(c) An offense under this section is a Class C misdemeanor. |
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SECTION 2. Section 42.01(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if he intentionally or |
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knowingly: |
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(1) uses abusive, indecent, profane, or vulgar |
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language in a public place, and the language by its very utterance |
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tends to incite an immediate breach of the peace; |
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(2) makes an offensive gesture or display in a public |
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place, and the gesture or display tends to incite an immediate |
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breach of the peace; |
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(3) creates, by chemical means, a noxious and |
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unreasonable odor in a public place; |
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(4) abuses or threatens a person in a public place in |
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an obviously offensive manner; |
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(5) makes unreasonable noise in a public place other |
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than a sport shooting range, as defined by Section 250.001, Local |
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Government Code, or in or near a private residence that he has no |
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right to occupy; |
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(6) fights with another in a public place; |
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(7) discharges a firearm in a public place other than a |
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public road or a sport shooting range, as defined by Section |
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250.001, Local Government Code; |
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(8) displays a firearm or other deadly weapon in a |
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public place in a manner calculated to alarm; |
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(9) discharges a firearm on or across a public road; |
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(10) exposes his anus or genitals in a public place and |
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is reckless about whether another may be present who will be |
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offended or alarmed by his act; or |
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(11) for an [a lewd or] unlawful purpose: |
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(A) enters on the property of another and looks |
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into a dwelling on the property through any window or other opening |
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in the dwelling; |
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(B) while on the premises of a hotel or |
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comparable establishment, looks into a guest room not the person's |
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own through a window or other opening in the room; or |
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(C) while on the premises of a public place, |
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looks into an area such as a restroom or shower stall or changing or |
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dressing room that is designed to provide privacy to a person using |
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the area. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 4. This Act takes effect September 1, 2007. |