The Virginia General Assembly recently approved a bill that would penalize those convicted of unlawful filming more harshly. The bill, partially inspired by several incidents of such filming at the University, unanimously passed in both the House and Senate and only needs to be signed by Gov. Tim Kaine to become law, according to Del. Rob Bell, R-Albemarle.
According to Bell, unlawful filming involves "film[ing] someone in a way that would violate the reasonable expectation of privacy."
He added that this would include filming someone in his private home in a dressing room or bathroom, or filming up a female's skirt as she walked up stairs -- even if no sexual act occurred. For example, Bell cited an incident in which a toolbox was altered to include a small camera pointing toward a family's bathtub.
Bell said the current law regarding unlawful filming only allows a person to be charged with a misdemeanor offense, no matter the number of violations. The new law would make the third offense a felony.
"For repeat offenders we do want to have an increased penalty," Bell said. "The hope is that we can deter them from doing it over and over, and if we can't deter them we need to lock them up."
Bell maintained that his legislation would make unlawful filming similar to some other sexual crimes in terms of punishment.
"We have five or six sexual crime misdemeanors such as flashing and for all of those, the third offense makes it a felony," he said.
Bell stressed, however, that the legislation would not protect those who expose themselves in public places.
"You can't streak the Lawn and expect that to not be in a public place," he said.
According to University Police Lieut. Melissa Fielding,? Bell's legislation, while not protecting those who streak the Lawn, is related to a University student's behavior. Fielding said a University student was charged once with unlawful filming in 2006 and again in 2007 for capturing images up females' skirts.
"The detective who worked these cases met with Mr. Bell and discussed this problem and the fact that subsequent offenses were misdemeanor offenses with little penalty," she said. "They worked together and Mr. Bell created this legislation."
Fielding noted that repeat offenses of unlawful filming could in part be a result of the current lack of harsh penalties for the crime.
"It's hard to deter crime if there isn't negative consequences to the behaviors, and this [legislation] will make it more severe," she said.
Both Fielding and Bell said they were pleased with the bill's success in the Virginia Senate and House of Delegates, and Bell added how important he thinks this legislation is, especially in light of advances in technology.
"Once someone takes electronic image," he said, "it is much easier to send those images worldwide than it used to be, and I think that increases the potential harm"
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