76-12-307. Recorded or photographed voyeurism.
(1) As used in this section, "sex-designated privacy space" means the same as that term is defined in Section. 76-12-309 Terms defined in Sections,, andapply to this section. 76-1-101.5 76-12-101 76-12-301
(2) An actor commits recorded or photographed voyeurism if the actor intentionally uses any type of technology to secretly or surreptitiously record, by video, photograph, or other means, an individual: for the purpose 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; without the knowledge or consent of the individual; and under circumstances in which the individual has a reasonable expectation of privacy.
(3) Except as provided in Subsection(3)(b), a violation of Subsection (2) is a class A misdemeanor. A violation of Subsectionis a third degree felony if the violation is committed: (2) against a child under 14 years old; in a sex-designated privacy space that is not designed for individuals of the actor's sex; or while also committing the offense of: criminal trespass in a sex-designated changing room under Subsection; 76-6-206(2)(d) lewdness under Section; 76-5-419 lewdness involving a child under Section; or 76-5-420 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.