1. (1)

   1. (a) As used in this section:

      1. (i) "Privacy space" means the following in which an individual has a reasonable expectation of privacy:

         1. (A) a restroom or any other space that includes a toilet;
         2. (B) 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
         3. (C) any room or space that includes a shower.
      2. (ii) "Sex-designated" means that a facility, program, or event is designated specifically for males or females and not the opposite sex.
   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 the offense loitering in a privacy space if the actor intentionally or knowingly remains unlawfully in a privacy space.

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 actor commits the offense:

      1. (i) 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) voyeurism under Section 76-12-306;
         5. (E) recorded or photographed voyeurism under Section 76-12-307; or
         6. (F) distribution of images obtained through voyeurism under Section 76-12-308; or
      2. (ii) in a sex-designated privacy space that is not designated for individuals of the actor's sex.

Renumbered and Amended by Chapter 173, 2025 General Session