§ 76-12-309 — Loitering in a privacy space.

(1) (1)(a) As used in this section:
(1)(a)(i) "Privacy space" means the following in which an individual has a reasonable expectation of privacy:
(1)(a)(i)(A) a restroom or any other space that includes a toilet;
(1)(a)(i)(B) a dressing room, fitting room, locker room, changing facility, or any other space designated for multiple individuals to dress or undress within the same space; or
(1)(a)(i)(C) any room or space that includes a shower.
(1)(a)(ii) "Sex-designated" means that a facility, program, or event is designated specifically for males or females and not the opposite sex.
(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 the offense loitering in a privacy space if the actor intentionally or knowingly remains unlawfully in a privacy space.
(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 actor commits the offense:
(3)(b)(i) while also committing the offense of:
(3)(b)(i)(A) criminal trespass in a sex-designated changing room under Subsection 76-6-206(2)(d);
(3)(b)(i)(B) lewdness under Section 76-5-419;
(3)(b)(i)(C) lewdness involving a child under Section 76-5-420; or
(3)(b)(i)(D) voyeurism under Section 76-12-306;
(3)(b)(i)(E) recorded or photographed voyeurism under Section 76-12-307; or
(3)(b)(i)(F) distribution of images obtained through voyeurism under Section 76-12-308; or
(3)(b)(ii) in a sex-designated privacy space that is not designated for individuals of the actor's sex.

Legislative History

Renumbered and Amended by Chapter 173, 2025 General Session