13-1424. Voyeurism; classification


A. It is unlawful to knowingly invade the privacy of another person without the
knowledge of the other person for the purpose of sexual stimulation.


B. It is unlawful for a person to disclose, display, distribute or publish a
photograph, videotape, film or digital recording that is made in violation of subsection
A of this section without the consent or knowledge of the person depicted.


C. For the purposes of this section, a person's privacy is invaded if both of the
following apply:


1. The person has a reasonable expectation that the person will not be
photographed, videotaped, filmed, digitally recorded or otherwise viewed or recorded.


2. The person is photographed, videotaped, filmed, digitally recorded or otherwise
viewed, with or without a device, either:


(a) While the person is in a state of undress or partial dress.


(b) While the person is engaged in sexual intercourse or sexual contact.


(c) While the person is urinating or defecating.


(d) In a manner that directly or indirectly captures or allows the viewing of the
person's genitalia, buttock or female breast, whether clothed or unclothed, that is not
otherwise visible to the public.


D. This section does not apply to any of the following:


1. Photographing, videotaping, filming or digitally recording for security purposes
if notice of the use of the photographing, videotaping, filming or digital recording
equipment is clearly posted in the location and the location is one in which the person
has a reasonable expectation of privacy.


2. Photographing, videotaping, filming or digitally recording by correctional
officials for security reasons or in connection with the investigation of alleged
misconduct of persons on the premises of a jail or prison.


3. Photographing, videotaping, filming or digitally recording by law enforcement
officers pursuant to an investigation, which is otherwise lawful.


4. The use of a child monitoring device as defined in section 13-3001.


E. A violation of subsection A or B of this section is a class 5 felony, except
that a violation of subsection B of this section is a class 4 felony if the person
depicted is recognizable.