(a) As used in this section, the following words shall have the following meanings:
"Electronically surveils" or "electronically surveilled", to view, obtain or record a person’s visual image by the use or aid of a camera, cellular or other wireless communication device, computer, television or other electronic device.
"Partially nude" the exposure of the human genitals, buttocks, pubic area or female breast below a point immediately above the top of the areola.
(b) Whoever willfully photographs, videotapes or electronically surveils another person who is nude or partially nude, with the intent to secretly conduct or hide such activity, when the other person in such place and circumstance would have a reasonable expectation of privacy in not being so photographed, videotaped or electronically surveilled, and without that person’s knowledge and consent, shall be punished by imprisonment in the house of correction for not more than 2 1/2 years or by a fine of not more than $5,000, or by both such fine and imprisonment.
(c) Whoever willfully disseminates the visual image of another person who is nude or partially nude, with knowledge that such visual image was unlawfully obtained in violation of subsection (b) and without consent of the person so depicted, shall be punished by imprisonment in the house of correction for not more than 2 1/2 years or in state prison for a period of not more than 5 years, or by a fine of not more than $10,000, or by both such fine and imprisonment.
"A man and a woman were arrested here earlier this week after a child saw them having sex in the man's condominium and a neighbor videotaped the act.
The man, Alfred Stephens, 36 years old, and the woman, Janet Paddock, 32, were both charged Tuesday night with a lewd and lascivious act in the presence of a child under 12, the Hillsborough County sheriff's office said. They were released from jail the next day on $15,000 bail each.
Both defendants maintain that their right to privacy was invaded."
"One afternoon, they arrived home early and made love on the ground floor of their condo. In the heat of passion, they left the window-blind open, permitting a neighbour to secretly videotape the entire incident with a telephoto zoom. The neighbour took the tape to the police who arrested the couple on felony charges of lewd and lascivious conduct in front of a child. (Apparently some youngsters might have been able to see the incident from the condominium’s pool area, but in actuality, the children didn’t take the time to look.) Publicity followed recriminations, jobs were lost, and community forsaken. Two weeks after the arraignment, Janet Paddock attempted suicide." *
"A couple videotaped having sex in their condominium will be prosecuted on misdemeanor disorderly conduct charges. The charges have nothing to do with the tape, prosecutors said yesterday. Alfred Stephens, 36, and Janet Paddock, 32, will not face the charge for which they were arrested last month: lewd and lascivious conduct in front of a child, a felony that carried a possible 15-year prison term. Prosecutors said intent might have had to be shown and that children might have had to testify."
"In the United States, anything visible ('in plain view') from a public area can be legally photographed. This includes buildings and facilities, people, signage, notices and images. It is not uncommon for security personnel to use intimidation or other tactics to attempt to stop the photographer from photographing their facilities (trying to prevent, e.g., industrial espionage); however, there is no legal precedent to prevent the photographer so long as the image being photographed is in plain view from a public area.*
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