Judiciary Committee
Public Safety Committee
AN ACT INCREASING THE PENALTY FOR VOYEURISM AND PROHIBITING THE PRESENCE OF MINORS IN CLASS III GAMING FACILITIES
SUMMARY: This act restricts the access of people under age 21 in Indian casinos that conduct class III gaming and imposes fines, imprisonment, or both for violations. Under federal law, class III games are casino-type games of chance, including blackjack, poker, dice, roulette, and baccarat.
The act also increases the criminal penalty for voyeurism to a class D felony, from a class A misdemeanor (see Table on Penalties). By law, a person is guilty of voyeurism when, with malice or intent to arouse or satisfy his or someone else's sexual desires, he knowingly photographs, films, videotapes, or records images of people (1) without their knowledge and consent, (2) when they are not in plain view, and (3) under circumstances where they reasonably expect privacy.
EFFECTIVE DATE: October 1, 2003
CASINOS
Restricted Access
The act limits people under age 21 allowed in rooms where class III gaming is conducted to casino employees over age 18 and licensed by the state's Division of Special Revenue, if their job duties require licensing. Such employees cannot serve or handle alcohol or be present in these locations if other laws prohibit it.
The act does not limit access to rooms where only bazaar games are conducted (games of chance involving merchandise rather than cash prizes) or to casino areas where class III gaming is not conducted. It specifies that it should not be interpreted to prohibit minors from receiving gifts of lottery tickets or chances in lawfully operated games.
Penalties
Under the act, any underage person, other than a casino employee described above, who is present in a room where class III games are conducted is subject to a fine of up to $100. If he directly or indirectly places a wager, he is guilty of a class A misdemeanor. And anyone under age 21 who tries to get into a room where class III games are played by misrepresenting his age or using or exhibiting someone else's driver's license, passport, or other government-issued identity card or one that is forged, counterfeit, or altered is subject to a fine of between $100 to $500, imprisonment for up to 30 days, or both.