1. (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.
   2. (b) Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-301 apply to this section.

2. (2) An actor commits voyeurism if:

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

      1. (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. (ii) without the knowledge or consent of the individual; and
      3. (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)

   1. (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.

   2. (b) A violation of Subsection (2) is a class A misdemeanor if the violation is committed:

      1. (i) against a child under 14 years old;
      2. (ii) in a sex-designated privacy space that is not designated for individuals of the actor's sex; or

      3. (iii) while also committing the offense of:

         1. (A) criminal trespass in a sex-designated changing room under Subsection 76-6-206(2)(d);
         2. (B) lewdness under Section 76-5-419;
         3. (C) lewdness involving a child under Section 76-5-420; or
         4. (D) loitering in a privacy space under Section 76-12-309.
4. (4) For purposes of this section, an individual has a reasonable expectation of privacy within a public restroom.

Enacted by Chapter 173, 2025 General Session