CHAPTER 180

FORMERLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 100

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2 AND

SENATE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE INVASION OF PRIVACY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend § 1335, Title 11 of the Delaware Code, by adding a new subsection to subsection § 1335(a) as follows:

“(6) Tape records, photographs, films, videotapes, or otherwise reproduces the image of another person who is getting dressed or undressed or has his/her genitals, buttocks or her breasts exposed, without consent, in any place where persons normally disrobe including but not limited to a fitting room, dressing room, locker room or bathroom, where there is a reasonable expectation of privacy. This paragraph shall not apply to any acts done by a parent or guardian inside of his or her dwelling, or upon his or her real property, when a subject of victim of such acts is intended to be any child of such parent or guardian who has not yet reached his or her eighteenth birthday and whose primary residence is in or upon the dwelling or real property of the parent or guardian, unless the acts done by the parent or guardian are intended to produce sexual gratification for any person in which case this paragraph shall apply.”

Section 2. Amend § 1335(c), Title 11 of the Delaware Code, by adding after the word “misdemeanor” the following phrase:

“, except that any offense under § 1335(a)(6) shall be a Class G felony.”

Section 3. Amend § 1335(a)(2), Title 11 of the Delaware Code, by deleting the words “or uses any such unauthorized installation” appearing therein.

Section 4. This Act shall be effective upon enactment.

Approved July 20,1999