ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

 

HB 2703: civil action; invasion of privacy

Sponsor:  Representative Nutt, LD 14

Committee on Judiciary

Overview

Allows a special civil action to be taken against a person who captures visuals, sounds or other impressions when another person has a reasonable expectation of privacy.

History

Current statute regarding the unlawful disclosure of images depicting states of nudity or specific sexual activities defines reasonable expectation of privacy as when a person exhibits an actual expectation of privacy and the expectation is reasonable. (A.R.S. § 13-1425)

A person is prohibited from knowingly photographing, videotaping, filming, digitally recording or secretly viewing, with or without a device, another person without that person's consent in a restroom, bathroom, locker room, bedroom or other location where the person has a reasonable expectation of privacy and the person is urinating, defecating, dressing, undressing, nude or involved in sexual conduct. This type of conduct is classified as a class 5 felony. (A.R.S. § 13-3019)

Provisions

1.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteStates that a person is liable for damages in a civil action for physical privacy invasion by knowingly entering onto land or airspace without permission to capture any image, sound or other impressions of another person in a private or personal activity that could be considered offensive to a reasonable person. (Sec. 1)

2.    Stipulates that a person is liable for damages in a civil action for attempting to capture, in a reasonably offensive manner, any image, sound or other impressions of a person in a private or personal activity using any device; this applies regardless of whether the person trespasses or not if the impression could not have been captured without trespassing and using the device. (Sec. 1)

3.    Specifies this section only applies to any image, sound or impressions taken in Arizona beginning January 1, 2021. (Sec. 1)

4.    Asserts this section does not limit a plaintiff's legal rights, including the publication of private facts. (Sec. 1)

5.    Specifies this section does not impair law enforcement personnel, government agency employees or other private or public employees from attempting to capture a visual image, sound or other impressions under clear suspicion during an investigation or monitoring to obtain evidence for suspected for the following:

a)    Illegal activity or misconduct;

b)    Administrative rules or regulations violations;

c)    Fraudulent conduct; or

d)    Law or business practice violations, or public official practices negatively affecting public welfare. (Sec. 1)

6.    Grants a plaintiff has a reasonable expectation of privacy in private, personal, or familial activity relating to the following:

a)    Suggestive details of their life;

b)    Interaction with their family or partner;

c)    Activity occurring on their residential property; and

d)    Aspects of their private affairs or concerns. (Sec. 1)

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h)    Initials LC/IR               Judiciary

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