Berry Submits Testimony on his Bill to Prohibit Video Voyeurism
Press Release - May 7, 2003

Senate Majority Leader Frederick E. Berry (D-Peabody) submitted written testimony today in support of legislation he sponsored to prohibit video voyeurism. The legislation will make it illegal to visually record or distribute images of a person in a state of nudity, partial nudity or engaging in sexual activity without his or her consent.

“Currently, there are no penalties for using digital or electronic devices to invade a person’s privacy by recording them in a state of nudity. For this reason we need the criminal penalties that are created by this legislation,” stated Senate Majority Leader Berry in his written testimony. “People should be able to feel safe and secure in the privacy of their own home or any other area where they have a reasonable expectation of privacy.”

A person who commits the proposed offense will be punished as follows:

Imprisonment for no more than 2 ½ years and/or a fine of no more than $10,000 for an offender who visually records a person without consent.
Imprisonment for no more than 10 years and/or by a fine of no more than $10,000 for an offender who commits the preceding offense with the intent to disseminate the material.
Imprisonment of not less than 3 years and no more than 20 years or the mandatory minimum sentence and a fine of not less than $2000 and no more than $25,000 for an offender who commits the preceding offenses for monetary or profit or for the purpose of extortion.
Imprisonment of not less than 3 years or the mandatory minimum sentence and a fine of not less than $2000 and no more than $25,000 for an offender who visually records a person under the age of 18 without consent.

The goal of the legislation is close a loophole in current privacy laws and prevent the dissemination and distribution of this material to a third party.