§ 14‑202. Secretlypeeping into room occupied by another person.
(a) Any person whoshall peep secretly into any room occupied by another person shall be guilty ofa Class 1 misdemeanor.
(a1) Unless covered byanother provision of law providing greater punishment, any person who secretlyor surreptitiously peeps underneath or through the clothing being worn byanother person, through the use of a mirror or other device, for the purpose ofviewing the body of, or the undergarments worn by, that other person withouttheir consent shall be guilty of a Class 1 misdemeanor.
(b) For purposes ofthis section:
(1) The term"photographic image" means any photograph or photographicreproduction, still or moving, or any videotape, motion picture, or livetelevision transmission, or any digital image of any individual.
(2) The term"room" shall include, but is not limited to, a bedroom, a rest room,a bathroom, a shower, and a dressing room.
(c) Unless covered byanother provision of law providing greater punishment, any person who, while inpossession of any device which may be used to create a photographic image,shall secretly peep into any room shall be guilty of a Class A1 misdemeanor.
(d) Unless covered byanother provision of law providing greater punishment, any person who, whilesecretly peeping into any room, uses any device to create a photographic imageof another person in that room for the purpose of arousing or gratifying thesexual desire of any person shall be guilty of a Class I felony.
(e) Any person whosecretly or surreptitiously uses any device to create a photographic image ofanother person underneath or through the clothing being worn by that otherperson for the purpose of viewing the body of, or the undergarments worn by,that other person without their consent shall be guilty of a Class I felony.
(f) Any person who,for the purpose of arousing or gratifying the sexual desire of any person,secretly or surreptitiously uses or installs in a room any device that can beused to create a photographic image with the intent to capture the image ofanother without their consent shall be guilty of a Class I felony.
(g) Any person whoknowingly possesses a photographic image that the person knows, or has reasonto believe, was obtained in violation of this section shall be guilty of aClass I felony.
(h) Any person whodisseminates or allows to be disseminated images that the person knows, orshould have known, were obtained as a result of the violation of this sectionshall be guilty of a Class H felony if the dissemination is without the consentof the person in the photographic image.
(i) A second orsubsequent felony conviction under this section shall be punished as thoughconvicted of an offense one class higher. A second or subsequent conviction fora Class 1 misdemeanor shall be punished as a Class A1 misdemeanor. A second orsubsequent conviction for a Class A1 misdemeanor shall be punished as a Class Ifelony.
(j) If the defendantis placed on probation as a result of violation of this section:
(1) For a firstconviction under this section, the judge may impose a requirement that thedefendant obtain a psychological evaluation and comply with any treatmentrecommended as a result of that evaluation.
(2) For a second orsubsequent conviction under this section, the judge shall impose a requirementthat the defendant obtain a psychological evaluation and comply with anytreatment recommended as a result of that evaluation.
(k) Any person whoseimage is captured or disseminated in violation of this section has a civilcause of action against any person who captured or disseminated the image orprocured any other person to capture or disseminate the image and is entitledto recover from those persons actual damages, punitive damages, reasonableattorneys' fees and other litigation costs reasonably incurred.
(l) When a personviolates subsection (d), (e), (f), (g), or (h) of this section, or is convictedof a second or subsequent violation of subsection (a), (a1), or (c) of thissection, the sentencing court shall consider whether the person is a danger tothe community and whether requiring the person to register as a sex offenderpursuant to Article 27A of this Chapter would further the purposes of thatArticle as stated in G.S. 14‑208.5. If the sentencing court rules thatthe person is a danger to the community and that the person shall register,then an order shall be entered requiring the person to register.
(m) The provisions ofsubsections (a), (a1), (c), (e), (g), (h), and (k) of this section do not applyto:
(1) Law enforcementofficers while discharging or attempting to discharge their official duties; or
(2) Personnel of theDepartment of Correction or of a local confinement facility for securitypurposes or during investigation of alleged misconduct by a person in thecustody of the Department or the local confinement facility.
(n) This section doesnot affect the legal activities of those who are licensed pursuant to Chapter74C, Private Protective Services, or Chapter 74D, Alarm Systems, of the GeneralStatutes, who are legally engaged in the discharge of their official dutieswithin their respective professions, and who are not engaging in activities foran improper purpose as described in this section. (1923, c. 78; C.S., s.4356(a); 1957, c. 338; 1993, c. 539, s. 131; 1994, Ex. Sess., c. 24, s. 14(c);2003‑303, s. 1; 2004‑109, s. 7.)
§ 14‑202. Secretlypeeping into room occupied by another person.
(a) Any person whoshall peep secretly into any room occupied by another person shall be guilty ofa Class 1 misdemeanor.
(a1) Unless covered byanother provision of law providing greater punishment, any person who secretlyor surreptitiously peeps underneath or through the clothing being worn byanother person, through the use of a mirror or other device, for the purpose ofviewing the body of, or the undergarments worn by, that other person withouttheir consent shall be guilty of a Class 1 misdemeanor.
(b) For purposes ofthis section:
(1) The term"photographic image" means any photograph or photographicreproduction, still or moving, or any videotape, motion picture, or livetelevision transmission, or any digital image of any individual.
(2) The term"room" shall include, but is not limited to, a bedroom, a rest room,a bathroom, a shower, and a dressing room.
(c) Unless covered byanother provision of law providing greater punishment, any person who, while inpossession of any device which may be used to create a photographic image,shall secretly peep into any room shall be guilty of a Class A1 misdemeanor.
(d) Unless covered byanother provision of law providing greater punishment, any person who, whilesecretly peeping into any room, uses any device to create a photographic imageof another person in that room for the purpose of arousing or gratifying thesexual desire of any person shall be guilty of a Class I felony.
(e) Any person whosecretly or surreptitiously uses any device to create a photographic image ofanother person underneath or through the clothing being worn by that otherperson for the purpose of viewing the body of, or the undergarments worn by,that other person without their consent shall be guilty of a Class I felony.
(f) Any person who,for the purpose of arousing or gratifying the sexual desire of any person,secretly or surreptitiously uses or installs in a room any device that can beused to create a photographic image with the intent to capture the image ofanother without their consent shall be guilty of a Class I felony.
(g) Any person whoknowingly possesses a photographic image that the person knows, or has reasonto believe, was obtained in violation of this section shall be guilty of aClass I felony.
(h) Any person whodisseminates or allows to be disseminated images that the person knows, orshould have known, were obtained as a result of the violation of this sectionshall be guilty of a Class H felony if the dissemination is without the consentof the person in the photographic image.
(i) A second orsubsequent felony conviction under this section shall be punished as thoughconvicted of an offense one class higher. A second or subsequent conviction fora Class 1 misdemeanor shall be punished as a Class A1 misdemeanor. A second orsubsequent conviction for a Class A1 misdemeanor shall be punished as a Class Ifelony.
(j) If the defendantis placed on probation as a result of violation of this section:
(1) For a firstconviction under this section, the judge may impose a requirement that thedefendant obtain a psychological evaluation and comply with any treatmentrecommended as a result of that evaluation.
(2) For a second orsubsequent conviction under this section, the judge shall impose a requirementthat the defendant obtain a psychological evaluation and comply with anytreatment recommended as a result of that evaluation.
(k) Any person whoseimage is captured or disseminated in violation of this section has a civilcause of action against any person who captured or disseminated the image orprocured any other person to capture or disseminate the image and is entitledto recover from those persons actual damages, punitive damages, reasonableattorneys' fees and other litigation costs reasonably incurred.
(l) When a personviolates subsection (d), (e), (f), (g), or (h) of this section, or is convictedof a second or subsequent violation of subsection (a), (a1), or (c) of thissection, the sentencing court shall consider whether the person is a danger tothe community and whether requiring the person to register as a sex offenderpursuant to Article 27A of this Chapter would further the purposes of thatArticle as stated in G.S. 14‑208.5. If the sentencing court rules thatthe person is a danger to the community and that the person shall register,then an order shall be entered requiring the person to register.
(m) The provisions ofsubsections (a), (a1), (c), (e), (g), (h), and (k) of this section do not applyto:
(1) Law enforcementofficers while discharging or attempting to discharge their official duties; or
(2) Personnel of theDepartment of Correction or of a local confinement facility for securitypurposes or during investigation of alleged misconduct by a person in thecustody of the Department or the local confinement facility.
(n) This section doesnot affect the legal activities of those who are licensed pursuant to Chapter74C, Private Protective Services, or Chapter 74D, Alarm Systems, of the GeneralStatutes, who are legally engaged in the discharge of their official dutieswithin their respective professions, and who are not engaging in activities foran improper purpose as described in this section. (1923, c. 78; C.S., s.4356(a); 1957, c. 338; 1993, c. 539, s. 131; 1994, Ex. Sess., c. 24, s. 14(c);2003‑303, s. 1; 2004‑109, s. 7.)
§ 14‑202. Secretlypeeping into room occupied by another person.
(a) Any person whoshall peep secretly into any room occupied by another person shall be guilty ofa Class 1 misdemeanor.
(a1) Unless covered byanother provision of law providing greater punishment, any person who secretlyor surreptitiously peeps underneath or through the clothing being worn byanother person, through the use of a mirror or other device, for the purpose ofviewing the body of, or the undergarments worn by, that other person withouttheir consent shall be guilty of a Class 1 misdemeanor.
(b) For purposes ofthis section:
(1) The term"photographic image" means any photograph or photographicreproduction, still or moving, or any videotape, motion picture, or livetelevision transmission, or any digital image of any individual.
(2) The term"room" shall include, but is not limited to, a bedroom, a rest room,a bathroom, a shower, and a dressing room.
(c) Unless covered byanother provision of law providing greater punishment, any person who, while inpossession of any device which may be used to create a photographic image,shall secretly peep into any room shall be guilty of a Class A1 misdemeanor.
(d) Unless covered byanother provision of law providing greater punishment, any person who, whilesecretly peeping into any room, uses any device to create a photographic imageof another person in that room for the purpose of arousing or gratifying thesexual desire of any person shall be guilty of a Class I felony.
(e) Any person whosecretly or surreptitiously uses any device to create a photographic image ofanother person underneath or through the clothing being worn by that otherperson for the purpose of viewing the body of, or the undergarments worn by,that other person without their consent shall be guilty of a Class I felony.
(f) Any person who,for the purpose of arousing or gratifying the sexual desire of any person,secretly or surreptitiously uses or installs in a room any device that can beused to create a photographic image with the intent to capture the image ofanother without their consent shall be guilty of a Class I felony.
(g) Any person whoknowingly possesses a photographic image that the person knows, or has reasonto believe, was obtained in violation of this section shall be guilty of aClass I felony.
(h) Any person whodisseminates or allows to be disseminated images that the person knows, orshould have known, were obtained as a result of the violation of this sectionshall be guilty of a Class H felony if the dissemination is without the consentof the person in the photographic image.
(i) A second orsubsequent felony conviction under this section shall be punished as thoughconvicted of an offense one class higher. A second or subsequent conviction fora Class 1 misdemeanor shall be punished as a Class A1 misdemeanor. A second orsubsequent conviction for a Class A1 misdemeanor shall be punished as a Class Ifelony.
(j) If the defendantis placed on probation as a result of violation of this section:
(1) For a firstconviction under this section, the judge may impose a requirement that thedefendant obtain a psychological evaluation and comply with any treatmentrecommended as a result of that evaluation.
(2) For a second orsubsequent conviction under this section, the judge shall impose a requirementthat the defendant obtain a psychological evaluation and comply with anytreatment recommended as a result of that evaluation.
(k) Any person whoseimage is captured or disseminated in violation of this section has a civilcause of action against any person who captured or disseminated the image orprocured any other person to capture or disseminate the image and is entitledto recover from those persons actual damages, punitive damages, reasonableattorneys' fees and other litigation costs reasonably incurred.
(l) When a personviolates subsection (d), (e), (f), (g), or (h) of this section, or is convictedof a second or subsequent violation of subsection (a), (a1), or (c) of thissection, the sentencing court shall consider whether the person is a danger tothe community and whether requiring the person to register as a sex offenderpursuant to Article 27A of this Chapter would further the purposes of thatArticle as stated in G.S. 14‑208.5. If the sentencing court rules thatthe person is a danger to the community and that the person shall register,then an order shall be entered requiring the person to register.
(m) The provisions ofsubsections (a), (a1), (c), (e), (g), (h), and (k) of this section do not applyto:
(1) Law enforcementofficers while discharging or attempting to discharge their official duties; or
(2) Personnel of theDepartment of Correction or of a local confinement facility for securitypurposes or during investigation of alleged misconduct by a person in thecustody of the Department or the local confinement facility.
(n) This section doesnot affect the legal activities of those who are licensed pursuant to Chapter74C, Private Protective Services, or Chapter 74D, Alarm Systems, of the GeneralStatutes, who are legally engaged in the discharge of their official dutieswithin their respective professions, and who are not engaging in activities foran improper purpose as described in this section. (1923, c. 78; C.S., s.4356(a); 1957, c. 338; 1993, c. 539, s. 131; 1994, Ex. Sess., c. 24, s. 14(c);2003‑303, s. 1; 2004‑109, s. 7.)
