Current through the 2024 legislative session
Section 6-4-304 - Voyeurism; penalties(a) Except as otherwise provided in this section, a person is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both, if he, without the consent of the person being viewed, commits the crime of voyeurism by looking or viewing in a clandestine, surreptitious, prying or secretive nature into or within an area where the person being viewed has a reasonable expectation of privacy, including, but not limited to:(iv) Dressing or fitting rooms;(vi) Under the clothing being worn by another person, regardless of whether the person is in a place where the person has a reasonable expectation of privacy.(b) Except as otherwise provided in this section, a person is guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both, if he:(i) Commits the offense specified in subsection (a) of this section by knowingly or intentionally capturing an image by means of a camera, a video camera or any other image recording device; or(ii) Uses a camera, video camera or any other image recording device: (A) For the purpose of observing, viewing, photographing, filming, recording, livestreaming or videotaping the intimate areas of another person;(B) Under clothing being worn by the other person; and(C) Without the consent of the other person.(c) A minor convicted of violating subsection (b) of this section shall be guilty of a status offense as defined in W.S. 7-1-107(b)(iii) and may be fined not more than two hundred fifty dollars ($250.00).(d) A person who is eighteen (18) years of age or older who commits an offense as specified in this section for which the victim is less than eighteen (18) years of age shall be guilty of a felony punishable by imprisonment of not more than ten (10) years, a fine of not greater than five thousand dollars ($5,000.00), or both.(e) If a person sentenced under subsection (a) of this section is placed on probation, the court may, notwithstanding any other provision of law, impose a term of probation exceeding the maximum imprisonment of six (6) months, provided the term of probation, including extensions, shall not exceed one (1) year.(f) A person who is eighteen (18) years of age or older who commits an offense as specified in subsection (a) or (b) of this section who has previously been convicted as an adult of an offense under subsection (a) or (b) of this section or of a similar offense under the laws of another state shall be guilty of a felony punishable by imprisonment of not greater than five (5) years, a fine of not greater than five thousand dollars ($5,000.00), or both.(g) As used in this section, "intimate area" means any portion of a person's pubic area, buttocks, vulva, genitals, female breast or undergarments intended to cover those portions. "Intimate area" does not include intimate areas visible through a person's clothing or intimate areas knowingly exposed in public.Amended by Laws 2023, ch. 101,§ 1, eff. 7/1/2023.Amended by Laws 2021 , ch. 141, § 1, eff. 4/7/2021.