76-9-702.7 - Voyeurism offenses -- Penalties.
76-9-702.7. Voyeurism offenses -- Penalties.
(1) A person is guilty of voyeurism who intentionally uses a camcorder, motion picturecamera, photographic camera of any type, or other equipment that is concealed or disguised tosecretly or surreptitiously videotape, film, photograph, record, or view by electronic means anindividual:
(a) for the purpose of viewing any portion of the individual's body regarding which theindividual has a reasonable expectation of privacy, whether or not that portion of the body iscovered with clothing;
(b) without the knowledge or consent of the individual; and
(c) under circumstances in which the individual has a reasonable expectation of privacy.
(2) A violation of Subsection (1) is a class A misdemeanor, except that a violation ofSubsection (1) committed against a child under 14 years of age is a third degree felony.
(3) Distribution or sale of any images, including in print, electronic, magnetic, or digitalformat, obtained under Subsection (1) by transmission, display, or dissemination is a third degreefelony, except that if the violation of this Subsection (3) includes images of a child under 14years of age, the violation is a second degree felony.
(4) A person is guilty of voyeurism who, under circumstances not amounting to aviolation of Subsection (1), views or attempts to view an individual, with or without the use ofany instrumentality:
(a) with the intent of viewing any portion of the individual's body regarding which theindividual has a reasonable expectation of privacy, whether or not that portion of the body iscovered with clothing;
(b) without the knowledge or consent of the individual; and
(c) under circumstances in which the individual has a reasonable expectation of privacy.
(5) A violation of Subsection (4) is a class B misdemeanor, except that a violation ofSubsection (4) committed against a child under 14 years of age is a class A misdemeanor.
Amended by Chapter 52, 2004 General Session