Current with legislation from 2024 Fiscal and Special Sessions.
Section 5-16-102 - Voyeurism(a) As used in this section: (1) "Nude or partially nude" means a state of undress of a person who has less than a fully opaque covering over the genitals, pubic area, buttocks, or breast of a female;(2) "Private place" means a place where a person may reasonably expect to be safe from being observed without his or her knowledge and consent; and(3) "Public accommodation" means a business, accommodation, refreshment, entertainment, recreation, or transportation facility where a good, service, facility, privilege, advantage, or accommodation is offered, sold, or otherwise made available to the public.(b) A person commits the offense of voyeurism if for the purpose of sexual arousal or gratification, he or she knowingly: (1) Without the consent of each person who is present in the private place, personally or through the use of an unmanned vehicle or aircraft, looks into a private place that is, or is part of, a public accommodation and in which a person may reasonably be expected to be nude or partially nude; or(2) Enters personally or through the use of an unmanned vehicle or aircraft another person's private property without the other person's consent and looks into any person's dwelling unit if:(A) The person looks into the dwelling with the purpose to intrude upon or interfere with a person's privacy;(B) The person looks into a part of the dwelling in which a person is present;(C) The person present has a reasonable expectation of privacy in that part of the dwelling; and(D) The person present does not consent to the person's looking into that part of the dwelling.(c) Voyeurism is a: (1) Class C felony if the victim is under fourteen (14) years of age;(2) Class D felony if:(A) A victim is under seventeen (17) years of age and the person who commits the offense holds a position of trust or authority over the victim; or(B) The person has previously been convicted of an offense under this section or § 5-16-101; or(3) Class A misdemeanor if otherwise committed.Amended by Act 2021, No. 597,§ 2, eff. 7/28/2021.Amended by Act 2021, No. 466,§ 3, eff. 7/28/2021.Amended by Act 2021, No. 466,§ 2, eff. 7/28/2021.Amended by Act 2019, No. 461,§ 2, eff. 7/24/2019.Amended by Act 2015, No. 293,§ 2, eff. 7/22/2015.Acts 2005, No. 1642, § 1; 2007, No. 187, § 2.