Utah Code 76-9-702.7. Voyeurism offenses — Penalties
Current as of: 2024 | Check for updates
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(1) A person is guilty of voyeurism who intentionally uses any type of technology to secretly or surreptitiously record, by video, photograph, or other means, an individual:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 76-9-702.7
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:(34)(a) sex and reproductive organ anatomy;(34)(b) chromosomal makeup; and(34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5(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;(1)(b) without the knowledge or consent of the individual; and(1)(c) under circumstances in which the individual has a reasonable expectation of privacy.
(2)
(2)(a) Except as provided in Subsection (2)(b), a violation of Subsection (1) is a class A misdemeanor.
(2)(b) The following is a third degree felony:
(2)(b)(i) a violation of Subsection (1) committed against a child under 14 years of age ;
(2)(b)(ii) a violation of Subsection (1) committed while also committing the offense of:
(2)(b)(ii)(A) criminal trespass in a sex-designated changing room under Subsection 76-6-206 (2)(d);
(2)(b)(ii)(B) lewdness under Section 76-9-702 ;
(2)(b)(ii)(C) lewdness involving a child under Section 76-9-702.5 ; or
(2)(b)(ii)(D) loitering in a privacy space under Section 76-9-702.8 ; or
(2)(b)(iii) a violation of Subsection (1) in a sex-designated privacy space, as defined in Section 76-9-702.8 , that is not designated for individuals of the actor‘s sex.
(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:
(4)(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;
(4)(b) without the knowledge or consent of the individual; and
(4)(c) under circumstances in which the individual has a reasonable expectation of privacy.
(5)
(5)(a) Except as provided in Subsection (5)(b), a violation of Subsection (4) is a class B misdemeanor.
(5)(b) The following is a class A misdemeanor:
(5)(b)(i) a violation of Subsection (4) committed against a child under 14 years of age is a class A misdemeanor;
(5)(b)(ii) a violation of Subsection (4) committed while also committing the offense of:
(5)(b)(ii)(A) criminal trespass in a sex-designated changing room under Subsection 76-6-206 (2)(d);
(5)(b)(ii)(B) lewdness under Section 76-9-702 ;
(5)(b)(ii)(C) lewdness involving a child under Section 76-9-702.5 ; or
(5)(b)(ii)(D) loitering in a privacy space under Section 76-9-702.8 ; or
(5)(b)(iii) a violation of Subsection (4) committed in a sex-designated privacy space, as defined in Section 76-9-702.8 , that is not designated for individuals of the actor’s sex.
(6) For purposes of this section, an individual has a reasonable expectation of privacy within a public restroom.