Current through the 2024 Fourth Special Session
Section 76-9-702.8 - Loitering in a privacy space(1) As used in this section:(a) "Privacy space" means the following in which an individual has a reasonable expectation of privacy: (i) a restroom or any other space that includes a toilet;(ii) a dressing room, fitting room, locker room, changing facility, or any other space designated for multiple individuals to dress or undress within the same space; or(iii) any room or space that includes a shower.(b) "Sex-designated" means that a facility, program, or event is designated specifically for males or females and not the opposite sex.(2) An actor commits the offense of unlawfully loitering in a privacy space if the actor intentionally or knowingly remains unlawfully in a privacy space.(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.(b) A violation of Subsection (4) is a class A misdemeanor if the actor commits the offense:(i) 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) voyeurism under Section 76-9-702.7; or(ii) in a sex-designated privacy space that is not designated for individuals of the actor's sex.Added by Chapter 2, 2024 General Session ,§ 23, eff. 1/30/2024.