SB2781113th GA (Historical)Introduced

Amends TCA Section 39-13-607.

Present law provides that it is an offense for a person to knowingly spy upon, observe or otherwise view an individual, when the individual is in a place where there is a reasonable expectation of privacy, without the prior effective consent of the individual, if the viewing would offend or embarrass an ordinary person if the person knew the person was being viewed; and was for the purpose of sexual arousal or gratification of the defendant. <br /> <br /> This bill adds that it is an offense for a person or entity to adopt rules or enforce a policy or other work-related guidance for employees or contractors to promote or assist in the commission of an offense under the above provision in a place where there is a reasonable expectation of privacy, including a restroom, locker room, dressing room, or shower, designated for multi-person, single-sex use.<br /> <br /> Additionally, this bill adds that the following are not a violation of the present law:<br /> <br /> (1) Incidental viewing by a law enforcement officer, firefighter, or other official first responder while performing official duties or providing essential services; and<br /> <br /> (2) Incidental viewing by a person who is sincerely acting in a good samaritan capacity while rendering first aid or humanitarian, medical, or rescue assistance or other actions that would be judged by an ordinary person to be reasonably required or appropriate.<br /> <br /> This bill permits a person who has suffered an invasion of privacy by commission of an offense under present law to bring a civil action against the person who violated present law and, if applicable, against a person or entity that violated this bill, except as specified in the above provisions.<br />

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Overview

Present law provides that it is an offense for a person to knowingly spy upon, observe or otherwise view an individual, when the individual is in a place where there is a reasonable expectation of privacy, without the prior effective consent of the individual, if the viewing would offend or embarrass an ordinary person if the person knew the person was being viewed; and was for the purpose of sexual arousal or gratification of the defendant. <br /> <br /> This bill adds that it is an offense for a person or entity to adopt rules or enforce a policy or other work-related guidance for employees or contractors to promote or assist in the commission of an offense under the above provision in a place where there is a reasonable expectation of privacy, including a restroom, locker room, dressing room, or shower, designated for multi-person, single-sex use.<br /> <br /> Additionally, this bill adds that the following are not a violation of the present law:<br /> <br /> (1) Incidental viewing by a law enforcement officer, firefighter, or other official first responder while performing official duties or providing essential services; and<br /> <br /> (2) Incidental viewing by a person who is sincerely acting in a good samaritan capacity while rendering first aid or humanitarian, medical, or rescue assistance or other actions that would be judged by an ordinary person to be reasonably required or appropriate.<br /> <br /> This bill permits a person who has suffered an invasion of privacy by commission of an offense under present law to bring a civil action against the person who violated present law and, if applicable, against a person or entity that violated this bill, except as specified in the above provisions.<br />

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 31, 2024

Subjects
1210

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