13-3019

13-3019. Surreptitious photographing,
videotaping, filming or digitally recording or viewing;
exemptions; classification; definitions

A. It is unlawful for any person to knowingly photograph, videotape, film,
digitally record or by any other means secretly view, with or without a device, another
person without that person's consent under either of the following circumstances:

1. In a restroom, bathroom, locker room, bedroom or other location where the person
has a reasonable expectation of privacy and the person is urinating, defecating,
dressing, undressing, nude or involved in sexual intercourse or sexual contact.

2. 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.

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

C. This section does not apply to:

1. Photographing, videotaping, filming or digitally recording for security purposes
if notice of the use of 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.

D. A violation of subsection A or B of this section is a class 5 felony.

E. Notwithstanding subsection D of this section, a violation of subsection A or B
of this section that does not involve the use of a device is a class 6 felony, except
that a second or subsequent violation of subsection A or B of this section that does not
involve the use of a device is a class 5 felony.

F. Notwithstanding subsection D of this section, a violation of subsection B of
this section is a class 4 felony if the person depicted is recognizable.

G. For the purposes of this section, "sexual contact" and "sexual intercourse" have
the same meanings prescribed in section 13-1401.