HB2350: Electronic devices; use of system to trespass.


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend the Code of Virginia by adding a section numbered 18.2-130.1, relating to use of electronic device to trespass; peeping into dwelling or occupied building; penalty.
[H 2350]
Approved

 

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-130.1 as follows:

§ 18.2-130.1. Peeping or spying into dwelling or occupied building by electronic device; penalty.

It is unlawful for any person to knowingly and intentionally cause an electronic device to enter the property of another to secretly or furtively peep or spy or attempt to peep or spy into or through a window, door, or other aperture of any building, structure, or other enclosure occupied or intended for occupancy as a dwelling, whether or not such building, structure or enclosure is permanently situated or transportable and whether or not such occupancy is permanent or temporary, or to do the same, without just cause, upon property owned by him and leased or rented to another under circumstances that would violate the occupant's reasonable expectation of privacy. A violation of this section is a Class 1 misdemeanor. The provisions of this section shall not apply to a lawful criminal investigation.


HOUSE BILL NO. 2350
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on February 3, 2017)
(Patron Prior to Substitute--Delegate Minchew)
A BILL to amend the Code of Virginia by adding a section numbered 18.2-130.1, relating to use of unmanned aircraft system to trespass; peeping into dwelling or occupied building; penalty.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-130.1 as follows:

§ 18.2-130.1. Peeping or spying into dwelling or occupied building by electronic device; penalty.

It is unlawful for any person to knowingly and intentionally cause an electronic device to enter upon the property of another to secretly or furtively peep or spy or attempt to peep or spy into or through a window, door, or other aperture of any building, structure, or other enclosure occupied or intended for occupancy as a dwelling, whether or not such building, structure or enclosure is permanently situated or transportable and whether or not such occupancy is permanent or temporary, or to do the same, without just cause, upon property owned by him and leased or rented to another under circumstances that would violate the occupant's reasonable expectation of privacy. A violation of this section is a Class 1 misdemeanor. The provisions of this section shall not apply to a lawful criminal investigation.

HOUSE BILL NO. 2350

Offered January 15, 2017
A BILL to amend the Code of Virginia by adding a section numbered 18.2-130.1, relating to use of unmanned aircraft system to trespass; peeping into dwelling or occupied building; penalty.
Patron-- Minchew

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-130.1 as follows:

§ 18.2-130.1. Peeping or spying into dwelling or occupied building by unmanned aircraft system; penalty.

It is unlawful for any person to use or operate an unmanned aircraft system as defined in § 19.2-60.1 to trespass upon the property of another for the purpose of secretly or furtively peeping, spying, or attempting to peep or spy into a dwelling or occupied building located on such property. A violation of this section is a Class 1 misdemeanor. The provisions of this section shall not apply to a lawful criminal investigation.