Utah § 76-12-306 Voyeurism.

Utah Statutes

§ 76-12-306 — Voyeurism.

Utah·Title 76 Utah Criminal Code·Ch. 76-12 Offenses Related to Privacy, Information, and Communication·Part 76-12-3 Privacy Offenses

(1)(1)(a) As used in this section, "sex-designated privacy space" means the same as that term is defined in Section 76-12-309.

(1)(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:

(2)(a) the actor views, or attempts to view, an individual, with or without the use of an instrumentality:

(2)(a)(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;

(2)(a)(ii) without the knowledge or consent of the individual; and

(2)(a)(iii) under circumstances in which the individual has a reasonable expectation of privacy; and

(2)(b) the actor's conduct described in Subsection (2)(a)

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(1) (1)(a) As used in this section, "sex-designated privacy space" means the same as that term is defined in Section 76-12-309.
(1)(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:
(2)(a) the actor views, or attempts to view, an individual, with or without the use of an instrumentality:
(2)(a)(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;
(2)(a)(ii) without the knowledge or consent of the individual; and
(2)(a)(iii) under circumstances in which the individual has a reasonable expectation of privacy; and
(2)(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) (3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.
(3)(b) A violation of Subsection (2) is a class A misdemeanor if the violation is committed:
(3)(b)(i) against a child under 14 years old;
(3)(b)(ii) in a sex-designated privacy space that is not designated for individuals of the actor's sex; or
(3)(b)(iii) while also committing the offense of:
(3)(b)(iii)(A) criminal trespass in a sex-designated changing room under Subsection 76-6-206(2)(d);
(3)(b)(iii)(B) lewdness under Section 76-5-419;
(3)(b)(iii)(C) lewdness involving a child under Section 76-5-420; or
(3)(b)(iii)(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.