76-12-309. Loitering in a privacy space.
(1) As used in this section: "Privacy space" means the following in which an individual has a reasonable expectation of privacy: a restroom or any other space that includes a toilet; 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 any room or space that includes a shower. "Sex-designated" means that a facility, program, or event is designated specifically for males or females and not the opposite sex. Terms defined in Sections,, andapply to this section. 76-1-101.5 76-12-101 76-12-301
(2) An actor commits the offense loitering in a privacy space if the actor intentionally or knowingly remains unlawfully in a privacy space.
(3) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor. A violation of Subsection (2) is a class A misdemeanor if the actor commits the offense: 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 voyeurism under Section; 76-12-306 recorded or photographed voyeurism under Section; or 76-12-307 distribution of images obtained through voyeurism under Section; or 76-12-308 in a sex-designated privacy space that is not designated for individuals of the actor's sex.