The provisions of the bill addressing felony sanctions are the subject of this analysis. Under the provisions of the bill, the punishment for the offense of invasive visual recording would be increased from a state jail to a third degree felony if the victim was younger than 18 years old at the time the offense was committed.

A third degree felony is punishable by confinement in prison for a term of 2 to 10 years, and a state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years or Class A misdemeanor punishment.  In addition to confinement, these felony offenses are subject to an optional fine not to exceed $10,000.

Increasing the penalty for any offense is expected to result in additional demands upon the correctional resources of the counties or of the state due to longer terms of supervision in the community or longer terms of confinement in state correctional institutions. In fiscal year 2018, 268 people were arrested, 37 people were placed under felony community supervision, and 27 people were admitted into state correctional institutions for the offense of invasive visual recording.  This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or the demand for state correctional resources.