Section 76-9-702.7 - Voyeurism offenses - Penalties(1) A person is guilty of voyeurism who intentionally uses any type of technology to secretly or surreptitiously record, by video, photograph, or other means, an individual: (a) for the purpose of viewing any portion of the individual's body regarding which the individual has a reasonable expectation of privacy, whether or not that portion of the body is covered 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) Except as provided in Subsection (2)(b), a violation of Subsection (1) is a class A misdemeanor.(b) The following is a third degree felony:(i) a violation of Subsection (1) committed against a child under 14 years of age ;(ii) a violation of Subsection (1) committed while also committing the offense of: (A) criminal trespass in a sex-designated changing room under Subsection 76-6-206(2)(d);(B) lewdness under Section 76-9-702;(C) lewdness involving a child under Section 76-9-702.5; or(D) loitering in a privacy space under Section 76-9-702.8; or(iii) a violation of Subsection (1) in a sex-designated privacy space, as defined in Section 76-9-702.8, that is not designated for individuals of the actor's sex.(3) Distribution or sale of any images, including in print, electronic, magnetic, or digital format, obtained under Subsection (1) by transmission, display, or dissemination is a third degree felony, except that if the violation of this Subsection (3) includes images of a child under 14 years of age, the violation is a second degree felony.(4) A person is guilty of voyeurism who, under circumstances not amounting to a violation of Subsection (1), views or attempts to view an individual, with or without the use of any instrumentality:(a) with the intent of viewing any portion of the individual's body regarding which the individual has a reasonable expectation of privacy, whether or not that portion of the body is covered 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) Except as provided in Subsection (5)(b), a violation of Subsection (4) is a class B misdemeanor.(b) The following is a class A misdemeanor:(i) a violation of Subsection (4) committed against a child under 14 years of age is a class A misdemeanor;(ii) a violation of Subsection (4) committed while also committing the offense of: (A) criminal trespass in a sex-designated changing room under Subsection 76-6-206(2)(d);(B) lewdness under Section 76-9-702;(C) lewdness involving a child under Section 76-9-702.5; or(D) loitering in a privacy space under Section 76-9-702.8; or(iii) a violation of Subsection (4) committed in a sex-designated privacy space, as defined in Section 76-9-702.8, that is not designated for individuals of the actor's sex.(6) For purposes of this section, an individual has a reasonable expectation of privacy within a public restroom.Amended by Chapter 2, 2024 General Session ,§ 22, eff. 1/30/2024.Amended by Chapter 411, 2023 General Session ,§ 2, eff. 5/3/2023.Amended by Chapter 364, 2017 General Session ,§ 19, eff. 5/9/2017.Amended by Chapter 52, 2004 General Session.