(a) As used in this section: (1) "Nude or partially nude" means a state of undress of a person who has less than a fully opaque covering over the genitals, pubic area, buttocks, or breast of a female; (2) "Private place" means a place where a person may reasonably expect to be safe from being observed without his or her knowledge and consent; and (3) "Public accommodation" means a business, accommodation, refreshment, entertainment, recreation, or transportation facility where a good, service, facility, privilege, advantage, or accommodation is offered, sold, or otherwise made available to the public. (b) A person commits the offense of voyeurism if for the purpose of sexual arousal or gratification, he or she knowingly: (1) Without the consent of each person who is present in the private place, personally or through the use of an unmanned vehicle or aircraft, looks into a private place that is, or is part of, a public accommodation and in which a person may reasonably be expected to be nude or partially nude; or (2) Enters personally or through the use of an unmanned vehicle or aircraft another person's private property without the other person's consent and looks into any person's dwelling unit if: (A) The person looks into the dwelling with the purpose to intrude upon or interfere with a person's privacy; (B) The person looks into a part of the dwelling in which a person is present; (C) The person present has a reasonable expectation of privacy in that part of the dwelling; and (D) The person present does not consent to the person's looking into that part of the dwelling. (c) Voyeurism is a: (1) Class C felony if the victim is under fourteen (14) years of age; (2) Class D felony if: (A) A victim is under seventeen (17) years of age and the person who commits the offense holds a position of trust or authority over the victim; or (B) The person has previously been convicted of an offense under this section or § 5-16-101 ; or (3) Class A misdemeanor if otherwise committed. Amended by Act 2021, No. 597,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 466,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 466,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 461,§ 2, eff. 7/24/2019. Amended by Act 2015, No. 293,§ 2, eff. 7/22/2015. Acts 2005, No. 1642, § 1; 2007, No. 187, § 2. (a) As used in this section: (1) "Nude or partially nude" means a state of undress of a person who has less than a fully opaque covering over the genitals, pubic area, buttocks, or breast of a female; (2) "Private place" means a place where a person may reasonably expect to be safe from being observed without his or her knowledge and consent; and (3) "Public accommodation" means a business, accommodation, refreshment, entertainment, recreation, or transportation facility where a good, service, facility, privilege, advantage, or accommodation is offered, sold, or otherwise made available to the public. (b) A person commits the offense of voyeurism if for the purpose of sexual arousal or gratification, he or she knowingly: (1) Without the consent of each person who is present in the private place, personally or through the use of an unmanned vehicle or aircraft, looks into a private place that is, or is part of, a public accommodation and in which a person may reasonably be expected to be nude or partially nude; or (2) Enters personally or through the use of an unmanned vehicle or aircraft another person's private property without the other person's consent and looks into any person's dwelling unit if: (A) The person looks into the dwelling with the purpose to intrude upon or interfere with a person's privacy; (B) The person looks into a part of the dwelling in which a person is present; (C) The person present has a reasonable expectation of privacy in that part of the dwelling; and (D) The person present does not consent to the person's looking into that part of the dwelling. (c) Voyeurism is a: (1) Class C felony if the victim is under fourteen (14) years of age; (2) Class D felony if: (A) A victim is under seventeen (17) years of age and the person who commits the offense holds a position of trust or authority over the victim; or (B) The person has previously been convicted of an offense under this section or § 5-16-101 ; or (3) Class A misdemeanor if otherwise committed. Amended by Act 2021, No. 597,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 466,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 466,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 461,§ 2, eff. 7/24/2019. Amended by Act 2015, No. 293,§ 2, eff. 7/22/2015. Acts 2005, No. 1642, § 1; 2007, No. 187, § 2. (a) As used in this section: (1) "Nude or partially nude" means a state of undress of a person who has less than a fully opaque covering over the genitals, pubic area, buttocks, or breast of a female; (2) "Private place" means a place where a person may reasonably expect to be safe from being observed without his or her knowledge and consent; and (3) "Public accommodation" means a business, accommodation, refreshment, entertainment, recreation, or transportation facility where a good, service, facility, privilege, advantage, or accommodation is offered, sold, or otherwise made available to the public. (b) A person commits the offense of voyeurism if for the purpose of sexual arousal or gratification, he or she knowingly: (1) Without the consent of each person who is present in the private place, personally or through the use of an unmanned vehicle or aircraft, looks into a private place that is, or is part of, a public accommodation and in which a person may reasonably be expected to be nude or partially nude; or (2) Enters personally or through the use of an unmanned vehicle or aircraft another person's private property without the other person's consent and looks into any person's dwelling unit if: (A) The person looks into the dwelling with the purpose to intrude upon or interfere with a person's privacy; (B) The person looks into a part of the dwelling in which a person is present; (C) The person present has a reasonable expectation of privacy in that part of the dwelling; and (D) The person present does not consent to the person's looking into that part of the dwelling. (c) Voyeurism is a: (1) Class C felony if the victim is under fourteen (14) years of age; (2) Class D felony if: (A) A victim is under seventeen (17) years of age and the person who commits the offense holds a position of trust or authority over the victim; or (B) The person has previously been convicted of an offense under this section or § 5-16-101 ; or (3) Class A misdemeanor if otherwise committed. Amended by Act 2021, No. 597,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 466,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 466,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 461,§ 2, eff. 7/24/2019. Amended by Act 2015, No. 293,§ 2, eff. 7/22/2015. Acts 2005, No. 1642, § 1; 2007, No. 187, § 2. (a) As used in this section: (1) "Nude or partially nude" means a state of undress of a person who has less than a fully opaque covering over the genitals, pubic area, buttocks, or breast of a female; (2) "Private place" means a place where a person may reasonably expect to be safe from being observed without his or her knowledge and consent; and (3) "Public accommodation" means a business, accommodation, refreshment, entertainment, recreation, or transportation facility where a good, service, facility, privilege, advantage, or accommodation is offered, sold, or otherwise made available to the public. (1) "Nude or partially nude" means a state of undress of a person who has less than a fully opaque covering over the genitals, pubic area, buttocks, or breast of a female; (2) "Private place" means a place where a person may reasonably expect to be safe from being observed without his or her knowledge and consent; and (3) "Public accommodation" means a business, accommodation, refreshment, entertainment, recreation, or transportation facility where a good, service, facility, privilege, advantage, or accommodation is offered, sold, or otherwise made available to the public. (b) A person commits the offense of voyeurism if for the purpose of sexual arousal or gratification, he or she knowingly: (1) Without the consent of each person who is present in the private place, personally or through the use of an unmanned vehicle or aircraft, looks into a private place that is, or is part of, a public accommodation and in which a person may reasonably be expected to be nude or partially nude; or (2) Enters personally or through the use of an unmanned vehicle or aircraft another person's private property without the other person's consent and looks into any person's dwelling unit if: (A) The person looks into the dwelling with the purpose to intrude upon or interfere with a person's privacy; (B) The person looks into a part of the dwelling in which a person is present; (C) The person present has a reasonable expectation of privacy in that part of the dwelling; and (D) The person present does not consent to the person's looking into that part of the dwelling. (1) Without the consent of each person who is present in the private place, personally or through the use of an unmanned vehicle or aircraft, looks into a private place that is, or is part of, a public accommodation and in which a person may reasonably be expected to be nude or partially nude; or (2) Enters personally or through the use of an unmanned vehicle or aircraft another person's private property without the other person's consent and looks into any person's dwelling unit if: (A) The person looks into the dwelling with the purpose to intrude upon or interfere with a person's privacy; (B) The person looks into a part of the dwelling in which a person is present; (C) The person present has a reasonable expectation of privacy in that part of the dwelling; and (D) The person present does not consent to the person's looking into that part of the dwelling. (A) The person looks into the dwelling with the purpose to intrude upon or interfere with a person's privacy; (B) The person looks into a part of the dwelling in which a person is present; (C) The person present has a reasonable expectation of privacy in that part of the dwelling; and (D) The person present does not consent to the person's looking into that part of the dwelling. (c) Voyeurism is a: (1) Class C felony if the victim is under fourteen (14) years of age; (2) Class D felony if: (A) A victim is under seventeen (17) years of age and the person who commits the offense holds a position of trust or authority over the victim; or (B) The person has previously been convicted of an offense under this section or § 5-16-101 ; or (3) Class A misdemeanor if otherwise committed. (1) Class C felony if the victim is under fourteen (14) years of age; (2) Class D felony if: (A) A victim is under seventeen (17) years of age and the person who commits the offense holds a position of trust or authority over the victim; or (B) The person has previously been convicted of an offense under this section or § 5-16-101 ; or (A) A victim is under seventeen (17) years of age and the person who commits the offense holds a position of trust or authority over the victim; or (B) The person has previously been convicted of an offense under this section or § 5-16-101 ; or (3) Class A misdemeanor if otherwise committed. Acts 2005, No. 1642, § 1; 2007, No. 187, § 2.
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