Vermont S. 256: An act relating to limiting additional TIF districts

Bill Text

BILL AS INTRODUCED S.256
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S.256 1
Introduced by Senators Hashim, Gulick, Hardy, Harrison, Lyons, Perchlik, 2
Vyhovsky, Watson, Weeks and White 3
Referred to Committee on 4
Date: 5
Subject: Crimes; voyeurism; disclosure of sexually explicit images without 6
consent 7
Statement of purpose of bill as introduced: This bill proposes to criminalize 8
the act of threatening to disclose a visual image of an identifiable person who 9
is nude or who is engaged in sexual conduct with the intent to compel a person 10
to produce nude images or images of sexual conduct, engage in sexual 11
conduct, or provide anything of value; to criminalize threatening a person with 12
the intent to compel a person to produce nude images or images of sexual 13
conduct or to engage in sexual conduct; to extend the statute of limitations for 14
photographing, filming, or recording a person in violation of the voyeurism 15
statute; to extend the statute of limitations for displaying or disclosing images 16
in violation of the voyeurism statute; to eliminate the statute of limitations for 17
civil actions against a person for knowingly disclosing, without the plaintiff’s 18
consent, a visual image of the plaintiff while the plaintiff is nude or engaged in 19
sexual conduct if the disclosure caused harm to the plaintiff; and to allow 20
recovery of damages for a disorder resulting from trauma in a tort claim 21

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against a person who knowingly discloses, without the plaintiff’s consent, an 1
identifiable visual image of the plaintiff while the plaintiff is nude or engaged 2
in sexual conduct and the disclosure causes the plaintiff harm. 3
An act relating to voyeurism and disclosure of sexually explicit images 4
without consent 5
It is hereby enacted by the General Assembly of the State of Vermont: 6
Sec. 1. 13 V.S.A. § 2605 is amended to read: 7
§ 2605. VOYEURISM 8
(a) Definitions. As used in this section: 9
(1) “Bona fide private investigator or bona fide security guard” means 10
an individual lawfully providing services, whether licensed or unlicensed, 11
pursuant to 26 V.S.A. §§ 3151 and 3151a. 12
(2) “Female breast” means any portion of the female breast below the 13
top of the areola. 14
(3) “Circumstances in which a person has a reasonable expectation of 15
privacy” means circumstances in which a reasonable person would believe that 16
his or her the person’s intimate areas would not be visible to the public, 17
regardless of whether that person is in a public or private area. This definition 18
includes circumstances in which a person knowingly disrobes in front of 19

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another, but does not expect nor give consent for the other person to 1
photograph, film, or record his or her the person’s intimate areas. 2
(4) “Intimate areas” means the naked or undergarment-clad genitals, 3
pubic area, buttocks, or female breast of a person. 4
(5) “Place where a person has a reasonable expectation of privacy” 5
means: 6
(A) a place in which a reasonable person would believe that he or she 7
the person could disrobe in privacy, without his or her the person undressing 8
being viewed by another; or 9
(B) a place in which a reasonable person would expect to be safe 10
from unwanted intrusion or surveillance. 11
(6) “Sexual conduct” shall have has the same meaning as in section 12
2821 of this title. 13
(7) “Surveillance” means secret observation of the activities of another 14
person for the purpose of spying upon and invading the privacy of the person. 15
(8) “View” means the intentional looking upon another person for more 16
than a brief period of time, in other than a casual or cursory manner, with the 17
unaided eye or a device designed or intended to improve visual acuity. 18
(b) Unlawful viewing. No person shall intentionally view, photograph, 19
film, or record in any format: 20

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(1) the intimate areas of another person without that person’s knowledge 1
and consent while the person being viewed, photographed, filmed, or recorded 2
is in a place where he or she the person would have a reasonable expectation of 3
privacy or under circumstances in which the person has a reasonable 4
expectation of privacy; or 5
(2) the intimate areas of another person without that person’s knowledge 6
and consent and under circumstances in which the person has a reasonable 7
expectation of privacy a person engaged in sexual conduct without that 8
person’s knowledge and consent while the person being viewed is in a place 9
where the person would have a reasonable expectation of privacy or under 10
circumstances in which the person has a reasonable expectation of privacy. 11
(c) Unlawful photographing, filming, or recording. No person shall display 12
or disclose to a third party any image recorded in violation of subsection (b), 13
(d), or (e