Governor Brad Henry has signed into a law HB 2606 that closes a loophole in the state's Peeping Tom law.The legislature passed the bill to outlaw the taking of photographs of a person's private areas while in a public place and the governor signed it Friday.
The bill was drafted after charges were dismissed against a man who had taken photos under the skirt of a 16-year-old girl inside a store in Tulsa.
A state appeals court ruled that the girl was not in a place where she could have "a reasonable expectation of privacy."
Sen. Randy Brogdon said, "Unfortunately, we learned this past year that our law on Peeping Toms has not kept up with technology, which has made it easier and easier to photograph people without their knowledge.
In 2006, an Oklahoma man was accused of using his cell phone to take pictures underneath a teenager’s skirt while she was shopping. The man was charged under the current law, but the Oklahoma Court of Criminal Appeals said it did not apply in his case, because the girl was in a public place.
I’m sure the victim, her family, prosecutors and other citizens were outraged to learn that the man could not be convicted of violating her privacy by taking those pictures. So was I, and that is why I chose to be the Senate author of HB 2606. This legislation will prohibit the use of any photographic, electronic or video equipment to be used without the subject’s knowledge to take indecent pictures. Violators could be charged with a misdemeanor, and face up to a year in prison and a fine of $5,000.
It was encouraging to see House Bill 2606 receive unanimous approval from our State Senate and I look forward to its signage into law. I do believe in less, not more, government. But new technology can result in new types of crimes, and when necessary, we must make sure our laws are keeping up with the times."
Oklahoma State Senate passing
HB 2606 (Peeping Tom law)
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