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 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:

   1. (a) 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;
   2. (b) without the knowledge or consent of the individual; and
   3. (c) under circumstances in which the individual has a reasonable expectation of privacy.

3. (3)

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

   2. (b) A violation of Subsection (2) is a third degree felony 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 designed 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.

Renumbered and Amended by Chapter 173, 2025 General Session