Hearing in Ohio House targets spying on children

By Marc Kovac

The bill would increase penalties for voyeurism involving children.

COLUMBUS — Jennifer Whitten’s neighbor was convicted of secretly videotaping her three children while using the bathroom of their home.

His punishment: five years’ probation and 30 days in jail.

Which was “no punishment because we have left loopholes more than big enough for a pack of perverts to skip through,” the Chillicothe woman told state lawmakers Thursday.

“If this body does not change the laws to protect ourselves and our children, then who will stand up?” she said.

Whitten was one of several speakers testifying before the Ohio House’s Criminal Justice Committee, as proponents of legislation that would increase penalties against voyeurs caught spying on children.

It was the third hearing for House Bill 74, sponsored by Rep. John Schlichter, a Republican from Washington Court House.

Under state law, anyone found guilty of surreptitiously videotaping, filming, photographing or recording a minor in a state of nudity faces first-degree misdemeanor penalties, up to 180 days in jail and $1,000 in fines.

Additional provisions in state law increase the penalty to a fifth-degree felony — six to 12 months’ incarceration and up to $2,500 in fines — when offenders are parents or custodians, teachers, caregivers, coaches or others who know the children involved, according to an analysis compiled by the state’s Legislative Service Commission.

HB 74 would increase the penalty for spying on and recording minors in a state of nudity to a third-degree felony, which carries a penalty of one to five years in prison and fines up to $10,000.

That would have been more suitable punishment for Whitten’s neighbor, she and others told lawmakers.

“We the people are doing a fine job of taking care of the needs of the criminal,” Whitten said. “I can assure you [the offender] is doing quite nicely and comfortably lurking about, ready to pounce on his next opportunity.”