(1) (a) As used in this section, "sex-designated privacy space" means the same as that term is defined in Section 76-12-309 . (b) Terms defined in Sections 76-1-101.5 , 76-12-101 , and 76-12-301 apply to this section. (2) An actor commits voyeurism if: (a) the actor views, or attempts to view, an individual, with or without the use of an instrumentality: (i) 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; (ii) without the knowledge or consent of the individual; and (iii) under circumstances in which the individual has a reasonable expectation of privacy; and (b) the actor's conduct described in Subsection (2)(a) does not amount to a violation of Section 76-12-307 , Recorded or photographed voyeurism. (3) (a) Except as provided in Subsection (3)(b) , a violation of Subsection (2) is a class B misdemeanor. (b) A violation of Subsection (2) is a class A misdemeanor if the violation is committed: (i) against a child under 14 years old; (ii) in a sex-designated privacy space that is not designated for individuals of the actor's sex; or (iii) 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 76-5-419 ; (C) lewdness involving a child under Section 76-5-420 ; or (D) loitering in a privacy space under Section 76-12-309 . (4) For purposes of this section, an individual has a reasonable expectation of privacy within a public restroom.
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