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Substitute House Bill No. 5514

Public Act No. 03-114

AN ACT INCREASING THE PENALTY FOR VOYEURISM AND PROHIBITING THE PRESENCE OF MINORS IN CLASS III GAMING FACILITIES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 53a-189a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) A person is guilty of voyeurism when, with malice or intent to arouse or satisfy the sexual desire of such person or any other person, such person knowingly photographs, films, videotapes or otherwise records the image of another person (1) without the knowledge and consent of such other person, (2) while such other person is not in plain view, and (3) under circumstances where such other person has a reasonable expectation of privacy.

(b) Voyeurism is a class [A misdemeanor] D felony.

Sec. 2. (NEW) (Effective October 1, 2003) (a) For the purposes of this section:

(1) "Gaming facility" means any room in which class III gaming, as legally authorized pursuant to a tribal-state compact governing the conduct of gaming activities on Indian lands or federal procedures issued by the Secretary of the Interior, is conducted, but does not include a room limited to the playing of bazaar games;

(2) "Class III gaming" has the same meaning as provided in the Indian Gaming Regulatory Act, 25 USC 2703; and

(3) "Alcoholic liquor" has the same meaning as provided in section 30-1 of the general statutes.

(b) No person under the minimum age for the purchase of alcoholic liquor under the provisions of chapter 545 of the general statutes shall be present in any gaming facility, except that, unless otherwise prohibited by law, a person over the age of majority may be employed in a gaming facility if such person has obtained any license required by the state for such employment and such employment does not include handling or serving alcoholic liquor. Any person under such minimum age for the purchase of alcoholic liquor who violates the provisions of this subsection shall be fined not more than one hundred dollars.

(c) Any person under the minimum age for the purchase of alcoholic liquor under the provisions of chapter 545 of the general statutes who is present in any gaming facility and directly or indirectly places a wager in such gaming facility shall be guilty of a class A misdemeanor.

(d) Any person under the minimum age for the purchase of alcoholic liquor under the provisions of chapter 545 of the general statutes who, for the purpose of gaining access to a gaming facility, (1) misrepresents such person's age, or (2) uses or exhibits (A) a forged, counterfeit or altered government-issued identity card, passport or motor vehicle operator's license, or (B) a government-issued identity card, passport or motor vehicle operator's license belonging to any other person, shall be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.

(e) Nothing in this section shall be construed to prohibit minors from receiving lottery tickets or chances in lawfully operated games of chance as gifts.

Approved June 18, 2003