76-12-306. Voyeurism.

276 words·~1 min read·/ut/title-76/chapter-12/76-12-306

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(a)As used in this section, "sex-designated privacy space" means the same as that term is defined in Section 76-12-309 .

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

(2)An actor commits voyeurism if:

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

(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;

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

(iii)under circumstances in which the individual has a reasonable expectation of privacy; and

(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.

(a)Except as provided in Subsection (3)(b) , a violation of Subsection

(2)is a class B misdemeanor.

(b)A violation of Subsection

(2)is a class A misdemeanor if the violation is committed:

(i)against a child under 14 years old;

(ii)in a sex-designated privacy space that is not designated for individuals of the actor's sex; or

(iii)while also committing the offense of:

(A)criminal trespass in a sex-designated changing room under Subsection 76-6-206(2)(d) ;

(B)lewdness under Section 76-5-419 ;

(C)lewdness involving a child under Section 76-5-420 ; or

(D)loitering in a privacy space under Section 76-12-309 .

(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