3.27Voyeurism
“(1) A person shall not do any of the following:
(a) Surveil another individual who is clad only in his or her undergarments, the unclad genitalia or buttocks of another individual, or the unclad breasts of a female individual under circumstances in which the individual would have a reasonable expectation of privacy.
(b) Photograph, or otherwise capture or record, the visual image of the undergarments worn by another individual, the unclad genitalia or buttocks of another individual, or the unclad breasts of a female individual under circumstances in which the individual would have a reasonable expectation of privacy.
(c) Distribute, disseminate, or transmit for access by any other person a recording, photograph, or visual image the person knows or has reason to know was obtained in violation of this section.” MCL 750.539j.
“[MCL 750.539j] does not prohibit security monitoring in a residence if conducted by or at the direction of the owner or principal occupant of that residence unless conducted for a lewd or lascivious purpose.” MCL 750.539j(4). In addition, “[MCL 750.539j] does not apply to a peace officer of this state or of the federal government, or the officer’s agent, while in the performance of the officer’s duties.” MCL 750.539j(5).
•For a first offense, an individual convicted of violating or attempting to violate MCL 750.539j(1)(a) (surveilling another individual) is guilty of a felony punishable by not more than two years of imprisonment, or a maximum fine of $2,000, or both. MCL 750.539j(2)(a)(i).
•An individual with a previous conviction for violating or attempting to violate MCL 750.539j(1)(a), who violates or attempts to violate MCL 750.539j(1)(a) is guilty of a felony punishable by not more than five years of imprisonment, or a maximum fine of $5,000, or both. MCL 750.539j(2)(a)(ii).
•An individual who violates or attempts to violate MCL 750.539j(1)(b) (photograph/otherwise record) or MCL 750.539j(1)(c) (distribute/transmit photograph or visual image) is guilty of a felony punishable by not more than five years of imprisonment, or a maximum fine of $5,000, or both. MCL 750.539j(2)(b).
“[MCL 750.539j] does not prohibit a person from being charged with, convicted of, or punished for any other violation of law committed by that person while violating or attempting to violate [MCL 750.539j(1)(a)-(c)].” MCL 750.539j(3).
A defendant convicted of voyeurism must pay a crime victim assessment of $130. See MCL 780.905(1)(a).
3.Minimum State Cost and Other Costs
If the court orders payment of any combination of a fine, costs, or applicable assessments, the court must impose the minimum state cost of not less than $68. See MCL 769.1j(1)(a); MCL 769.1k(1)(a).
If the victim is a minor, a violation of MCL 750.539j is a tier I offense under the Sex Offenders Registration Act (SORA). MCL 28.722(r)(vi). If the defendant meets the domicile, residence, employment, or student status, registration is required. See MCL 28.723.
For more information on the SORA’s registration requirements, see Chapter 9.