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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. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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