|HB 0160||Crimes and Punishment|
|Sponsor:||KREIDER||Handling House Bill:||MELTON|
|Last Action:||07/05/95 - Signed by Governor|
|Effective Date:||August 28, 1995|
HB 160 - This act creates various crimes. The crime of invasion of privacy is created. A person commits this crime if he knowingly views, photographs or films another person without that person's consent while the person being viewed is in a state of full or partial nudity and the person being viewed is in a place where he has a reasonable expectation of privacy. Invasion of privacy is a Class A misdemeanor unless more than one person is viewed or filmed in which case the crime constitutes a Class D felony. If a person commits this crime after a previous conviction, he is guilty of a Class C felony. Those immune from this crime include: 1) police officers who are viewing, photographing or filming pursuant to an investigation; or 2) personnel of the Department of Corrections who view, film or photograph at a correctional facility for security purposes.
This act creates two new crimes of abandonment. A person commits child abandonment in the first degree if he abandons a child who is less than four years old in circumstances which are likely to result in serious physical injury or death to the child. Abandonment of a child in the first degree is a Class B felony. A person commits child abandonment in the second degree if he abandons a child less than eight years old in circumstances which are likely to result in serious physical injury or death to the child. Abandonment of a child in the second degree is a Class D felony.
A person commits abandonment of a corpse if he 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. Both abandonment crimes are taken from SCS/SB 358.
Finally, this act adds a new category of unlawful use of weapons. It shall be unlawful to shoot a firearm at or from a motor vehicle while within any city, town or village and at any person or habitable structure, unless the person is acting in self-defense. Such a violation is a Class B felony or a Class A felony if injury or death results. A repeat offender under this law will be subject to increased punishment as a prior and persistent offender. Any person aiding a person who violates this law shall be subject to the same penalties. This criminal violation is taken from HCS/HB 198.
The act also makes the act of "hazing" a Class C felony if
the act creates a substantial risk to the life or the person
being hazed and adds language that removes consent as a defense
to hazing. The definition of hazing is changed to an act which
knowingly places a person at probable risk of loss of life or
bodily or psychological harm. This crime is taken from SB 25.