§ 5-16-101 — Crime of video voyeurism

(a) It is unlawful for a person to use a camera, videotape, photo-optical, photoelectric, or other image recording device for the purpose of secretly observing, viewing, photographing, filming, or videotaping another person who is present in a residence, place of business, school, or other structure, or a room or particular location within that structure, if the other person: (1) Is in a private area out of public view; (2) Has a reasonable expectation of privacy; and (3) Has not consented to the observing, viewing, photographing, filming, or videotaping. (b) It is unlawful for a person to knowingly use an unmanned vehicle or aircraft, a camcorder, a motion picture camera, a photographic camera of any type, or other equipment that is concealed, operated in a manner to escape detection, or disguised to secretly or surreptitiously videotape, film, photograph, record, or view by electronic means another person: (1) For the purpose of viewing any portion of the other person's body and for which the other person has a reasonable expectation of privacy; (2) Without the knowledge or consent of the other person; and (3) Under circumstances in which the other person has a reasonable expectation of privacy. (c) (1) A person who violates subsection (a) of this section upon conviction is guilty of a: (A) Class D felony for a first or second offense; (B) Class C felony for a third or subsequent offense; or (C) Class C felony if the victim is under fourteen (14) years of age. (2) (A) A person who violates subsection (b) of this section upon conviction is guilty of a Class B misdemeanor. (B) However, a person who violates subsection (b) of this section upon conviction is guilty of a Class A misdemeanor if the person: (i) Distributed or transmitted the video recording, film, or photo to another person; (ii) Posted the video recording, film, or photo in a format accessible by another person via the internet; or (iii) Has previously been convicted of a violation of this section or § 5-16-102 . (d) This section does not apply to: (1) Video recording or monitoring conducted under a court order from a court of competent jurisdiction; (2) Security monitoring operated by or at the direction of an occupant of a residence; (3) Security monitoring operated by or at the direction of the owner or administrator of a place of business, school, or other structure; (4) Security monitoring operated in a motor vehicle used for public transit; (5) Security monitoring and observation associated with a correctional facility, regardless of the location of the monitoring equipment; (6) Video recording or monitoring conducted by a law enforcement officer within the official scope of his or her duty; or (7) Videotaping under § 12-18-615(b) .

Legislative History

Amended by Act 2021, No. 822,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 597,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 461,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 293,§ 1, eff. 7/22/2015. Acts 1999, No. 757, § 1; 2001, No. 532, § 1; 2007, No. 187, § 1; 2009, No. 330, § 1; 2009, No. 758, § 5.