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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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