CHAPTER 172

FORMERLY

HOUSE BILL NO. 170

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SPECIFIC OFFENSES.

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

Section 1. Amend § 1335 of Title 11 of the Delaware Code by deleting the catchline in its entirety and inserting in lieu thereof the following:

"§ 1335. Violation of privacy; class A misdemeanor; Class G felony."

Section 2. Amend § 1335(a) of Title 11 of the Delaware Code by adding a new paragraph "(7)" thereto to read as follows:

"(7) Secretly or surreptitiously videotapes, films, photographs, or otherwise records another person under or though his or her clothing for the purpose of viewing the body of, or the undergarments worn by that other person.".

Section 3. Amend § 1335(c) of Title 11 of the Delaware Code by deleting that subsection in its entirety and substituting in lieu thereof the following:

"(c) any violation of subsections (a)(1) - (a)(5) of this section shall be a Class A misdemeanor. Any violation of subsections (a)(6) or (a)(7) of this section shall be a Class G felony.".

Section 4. Amend § 4121(a)(4)(a) of Title 11 of the Delaware Code by inserting the phrase "§ 1335(a)(6), § 1335(a)(7)," between the phrase "through 1112A," and the phrase "§ 1352(2) or" as those phrases appear in that subparagraph.

Approved July 12, 2001