Senate Review by Senator Randy Brogdon

Those of you who know me know that I believe in less, not more, government. One of the questions I often ask when legislation is brought to the floor is, “why?” Do we really need another law on the books?

Yet as the digital age is radically changing the world we live in, it becomes increasingly important to ensure our laws are keeping up with the times. House Bill 2606 is an excellent case in point.

There was a time when law enforcement officers considered “Peeping Toms” to be harmless. However, we now know these activities can often lead to sexual assault. Under current law, the act of peeping can include taking pictures without the subject’s consent if the person is in a place “where there is a right to a reasonable expectation of privacy,” such as a dressing room, restroom, locker room, or home.

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.

It is an honor to serve you in the in the State Senate. I can be reached by writing to Senator Randy Brogdon, Room 416, State Capitol, 2300 N. Lincoln Blvd, Oklahoma City, OK 73105, or by calling (405) 521-5566, or email at brogdon@oksenate.gov.


Respectfully,

Randy Brogdon

Senate District #34