(1) A person is guilty of voyeurism when: (a) He or she intentionally: 1. Uses or causes the use of any camera, videotape, photooptical, photoelectric, or other image recording device for the purpose of observing, viewing, photographing, filming, or videotaping the sexual conduct, genitals, an underga rment worn without being publicly visible, or nipple of the female breast of another person without that person's consent; or 2. Uses the unaided eye or any device designed to improve visual acuity for the purpose of observing or viewing the sexual conduct , genitals, an undergarment worn without being publicly visible, or nipple of the female breast of another person without that person's consent; or 3. Enters or remains unlawfully in or upon the premises of another for the purpose of observing or viewing t he sexual conduct, genitals, an undergarment worn without being publicly visible, or nipple of the female breast of another person without the person's consent; and (b) The other person is in a place where a reasonable person would believe that his or her sexual conduct, genitals, undergarments, or nipple of the female breast will not be observed, viewed, photographed, filmed, or videotaped without his or her knowledge. (2) The provisions of subsection (1) of this section shall not apply to: (a) A law enforcement officer during a lawful criminal investigation; or (b) An employee of the Department of Corrections, the Department of Juvenile Justice, a private prison, a local jail, or a local correctional facility whose actions have been authorized for security or investigative purposes. (3) Unless objected to by the victim or victims of voyeurism, the court on its own motion or on motion of the Commonwealth's attorney shall: (a) Order the sealing of all photographs, film, videotapes, or other images that are introduced into evidence during a prosecution under this section or are in the possession of law enforcement, the prosecution, or the court as the result of a prosecution under this section; and (b) At the conclusion of a prosecution under this section, unle ss required for additional prosecutions, order the destruction of all of the photographs, film, videotapes, or other images that are in possession of law enforcement, the prosecution, or the court. (4) Voyeurism is a Class A misdemeanor.
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