Section 702.7 – Voyeurism offenses — Penalties.

• (1) A person is guilty of voyeurism who intentionally uses any type of technology to secretly or surreptitiously record video of a person:
  • (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;
  • (b) without the knowledge or consent of the individual; and
  • (c) under circumstances in which the individual has a reasonable expectation of privacy.

• (2) A violation of Subsection (1) is a class A misdemeanor, except that a violation of Subsection (1) committed against a child under 14 years of age is a third degree felony.

• (3) Distribution or sale of any images, including in print, electronic, magnetic, or digital format, obtained under Subsection (1) by transmission, display, or dissemination is a third degree felony, except that if the violation of this Subsection (3) includes images of a child under 14 years of age, the violation is a second degree felony.

• (4) A person is guilty of voyeurism who, under circumstances not amounting to a violation of Subsection (1), views or attempts to view an individual, with or without the use of any instrumentality:
  • (a) 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;
  • (b) without the knowledge or consent of the individual; and
  • (c) under circumstances in which the individual has a reasonable expectation of privacy.

• (5) A violation of Subsection (4) is a class B misdemeanor, except that a violation of Subsection (4) committed against a child under 14 years of age is a class A misdemeanor.

Amended by Chapter 364, 2017 General Session