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COA finds voyeurism statute not vague

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The state’s voyeurism statute is not unconstitutionally vague, the Indiana Court of Appeals concluded today by rejecting a man’s claims that the statute would prevent taping a surprise birthday party.

Indiana Code Section 35-45-4-5 says a person who peeps in an occupied dwelling of another person or who peeps into an area where the occupant of the area reasonably can be expected to disrobe, including restrooms, without their consent commits voyeurism. It becomes a Class D felony if the act is videotaped and the peeper has a prior unrelated conviction. Peep is defined by “any looking of a clandestine, surreptitious, prying, or secretive nature.”

Sean Chiszar challenged his convictions of Class D felony voyeurism by arguing the language of I. C. Section 35-45-4-5 would make it a criminal offense for a husband to peep into the living room and see his wife undressing. He also argued you couldn’t videotape a surprise birthday party or abusive nannies under the state’s interpretation of the statute that a person could never film another in their home unless that person knew of the filming and consented.

Police were called to Chiszar’s home after he and his girlfriend got into a fight after she woke up to discover Chiszar trying to have sex with her while videotaping it. He had videotaped his ex-wife without her consent.

The appellate court rejected his claims in Sean H. Chiszar v. State of Indiana, No. 91A04-1004-CR-290. It’s not commonplace for people to undress in their living rooms or kitchens, wrote Judge Edward Najam. Also, the crux of the statute is consent, and most of the time, spouses would have no problem seeing the other disrobe. That’s not to say peeping can’t occur in a marriage or relationship, he added.

The issue is the “looking” and as defined by the statute, there’s no reasonable purpose for that kind of looking unless it is without the other’s person’s knowledge and consent, Judge Najam wrote.

Videotaping a surprise birthday party isn’t prohibited by the statute because unless the person filming is hiding the camera and surreptitiously filming the event, there is no peeping.

The judges also found the trial court didn’t abuse its discretion in admitting evidence obtained during a warrantless search, that a subsequent search warrant was supported by sufficient evidence, and that the state presented sufficient evidence to support his convictions of voyeurism and battery. Chiszar’s convictions of Class D felony possession of child pornography, and Class A misdemeanors possession of paraphernalia and marijuana were also affirmed.
 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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