Tougher surveillance law could put Peeping Toms on sex offender list

They're trying to add as many to the list as possible:

http://blog.al.com/breaking/2012/06/tougher_surveillance_law_could.html



Tougher surveillance law could put Peeping Toms on sex offender list
Published: Tuesday, June 12, 2012, 9:07 AM     Updated: Tuesday, June 12, 2012, 3:38 PM
 By Paul Gattis, The Huntsville Times 

(Stock image)
HUNTSVILLE, Alabama -- Robert James Bell of Decatur has already been convicted seven times for criminal surveillance. He's currently in jail in Morgan County for three more charges of surveillance, as well as three burglary counts. Warrants for surveillance are also outstanding in Huntsville and Michigan.
Yet, because Bell kept slipping through the criminal justice system to commit the same crimes again, Decatur city prosecutor Emily Baggett took action.
After Baggett pushed for tougher penalties, Sen. Arthur Orr sponsored a bill that was signed into law by Gov. Robert Bentley in April.
Now a conviction of criminal surveillance for the purpose of sexual gratification could, at the discretion of the prosecutor, result in placement on the sex offender registry.
"This one case brought the issue to the forefront," Baggett said Monday.
According to Baggett, Bell is 50 years old with ties to Michigan but he is listed in court records with a Spring Avenue address in Decatur. He would spy on women in bathroom stalls in restaurants and department stores, said Baggett.
A pattern developed in Alabama, where Bell was arrested for surveillance in Decatur and Athens, as well as the case pending in Huntsville.
There were similar incidents in Michigan, where a felony extradition order has been filed.
"If you really think about it, if somebody does this a lot, and some people do, you want to be aware," Baggett said. "It's kind of scary that somebody can continue to watch somebody in the bathroom and nothing really ever happens."
Senate Bill 148 changed that. It's now aggravated criminal surveillance to spy on someone with a reasonable expectation of privacy - such as a bathroom stall in a restaurant - "for the purpose of sexual gratification."
The crime has been upgraded to a Class A misdemeanor - which meets the level of requiring to register as a sexual offender, Baggett said. A second conviction on aggravated criminal surveillance is a Class C felony.
Previously, each conviction was a Class B misdemeanor.
Orr, who sponsored the bill, said the issue resonated with the Legislature because neighboring states have tougher criminal surveillance laws. And Alabama's previous law "was not enhanced for repeat offenders," Orr said.
"It's not something that will hopefully be used a lot," Baggett said. "But with technology, there is a concern about sexual voyeurism. Our laws don't really, in comparisons to other states, don't have the protection."

First look at the newest sex crime legislation for 2012

"Although the act is intended to promote the legitimate and compelling state interest of protecting minors from internet predators, the near total ban on Internet access imposed by the act unreasonably  restricts many ordinary activities that have become important to everyday life in today’s world." -- US District Court Judge Brian Jackson, in a decision declaring Louisiana's internet ban unconstitutional.

I recently mentioned a proposed social networking ban (complete with sponsor Brooks's contact info to oppose the bill), but today, KLTV-7 reports the name of the new bill, SB 161, and Sen. Brooks is getting support from Mark Klaas of Klaas Kids in steamrolling this bill through legislation. In light of the recent federal decision striking down Louisiana's social networking ban, Alabama is merely setting itself up for a costly lawsuit. 

More info on Internet laws in general: http://www.oncefallen.com/InternetLaws.html

A second bill, SB 148, "makes surveillance for sexual gratification an aggravating circumstance," which means they will be added to the state sex offender registry. I'm personally against the bill because it creates more registrants. Below is from an article discussing the bill. Notice the reporter claims it is "not illegal" to peep on others but then discusses it is a class B misdemeanor. The second is the "escalation" theory, which is no more true for sex addicts than cigarette/ pot smokers:

http://www.waaytv.com/news/local/story/Possible-Change-to-Peeping-Tom-Laws/kb1kL6elSESnljc_oP7Ahw.cspx

It may come as a surprise that "peeping" at people in inappropriate places is not illegal in Alabama. Watching someone can get you put in jail, but doing so for sexual gratification doesn't increase the penalty. State Senator Arthur Orr says this is a problem. 

 

“Alabama has not done what a lot of our sister states here in the southeast have done which is really tighten the laws for voyeurism,” he explained.  That is why Orr has introduced Senate Bill 148 which makes surveillance for sexual gratification an aggravating circumstance. 

 

"Simple criminal surveillance is a Class B misdemeanor in Alabama which does not qualify for sex offender status,” explained Lieutenant John Crouch of the Decatur PD. “Anyone convicted of that regardless of the circumstances is not required to register as a sex offender.” 

 

If the bill passes that will all change. Crouch says if offenders are forced to register it will be much easier for his department to keep the public safe. 

 

"Anyone engaged in this sort of activity certainly has the potential to escalate to other activities and we feel this will better enable us to keep track of these individuals."

Here is a list of  Senate Judiciary Committee Members:

JUDICIARYBrooks, Co-Chairperson; Ward, Co-Chairperson; Coleman, Fielding, Keahey, Orr, Smitherman, Taylor, Whatley, Williams, Brewbaker (President Pro Tempore Designee).

Below is Senator Orr's contact info:

SENATOR ARTHUR ORR (R) 3rd District (Limestone, Madison, Morgan)

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State House: Phone:	Room 730 State House 11 South Union Street Montgomery, Alabama 36130 (334) 242-7891	Business:	Post Office. Box 305 Decatur, Alabama 35602 (256) 260-2147
		Personal Website:	Senator Arthur Orr