C. For the purposes of this section, a person's privacy is invaded if both of the following apply:

1. 1. The person has a reasonable expectation that the person will not be photographed, videotaped, filmed, digitally recorded or otherwise viewed or recorded.

2. 2. The person is photographed, videotaped, filmed, digitally recorded or otherwise viewed, with or without a device, either:

   1. (a) While the person is in a state of undress or partial dress.
   2. (b) While the person is engaged in sexual intercourse or sexual contact.
   3. (c) While the person is urinating or defecating.
   4. (d) In a manner that directly or indirectly captures or allows the viewing of the person's genitalia, buttock or female breast, whether clothed or unclothed, that is not otherwise visible to the public.

D. This section does not apply to any of the following:

1. 1. Photographing, videotaping, filming or digitally recording for security purposes if notice of the use of the photographing, videotaping, filming or digital recording equipment is clearly posted in the location and the location is one in which the person has a reasonable expectation of privacy.
2. 2. Photographing, videotaping, filming or digitally recording by correctional officials for security reasons or in connection with the investigation of alleged misconduct of persons on the premises of a jail or prison.
3. 3. Photographing, videotaping, filming or digitally recording by law enforcement officers pursuant to an investigation, which is otherwise lawful.
4. 4. The use of a child monitoring device as defined in section 13-3001.