H.B. 129 Enrolled

VOYEURISM AMENDMENTS
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Brent H. Goodfellow
This act modifies the Criminal Code by specifying the offense of voyeurism. This act
provides the elements of the offense, levels of penalties, and exemptions.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
76-6-202, as last amended by Chapter 4, Laws of Utah 2001, First Special Session
76-9-702, as last amended by Chapter 128, Laws of Utah 2000
76-9-702.5, as last amended by Chapter 302, Laws of Utah 1999
ENACTS:
76-9-702.7, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-6-202 is amended to read:
76-6-202. Burglary.
(1) An actor is guilty of burglary if he enters or remains unlawfully in a building or any
portion of a building with intent to commit:
(a) a felony;
(b) theft;
(c) an assault on any person;
(d) lewdness, a violation of Subsection 76-9-702 (1);
(e) sexual battery, a violation of Subsection 76-9-702 (3); [or]
(f) lewdness involving a child, in violation of Section 76-9-702.5 [.]; or
(g) voyeurism against a child under Subsection 76-9-702.7 (2) or (5).
(2) Burglary is a felony of the third degree unless it was committed in a dwelling, in
which event it is a felony of the second degree.
(3) A violation of this section is a separate offense from any of the offenses listed in
Subsections (1)(a) through [(f)] (g), and which may be committed by the actor while he is in

the building.
Section 2. Section 76-9-702 is amended to read:
76-9-702. Lewdness -- Sexual battery -- Public urination.
(1) A person is guilty of lewdness if the person under circumstances not amounting to
rape, object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, or an attempt
to commit any of these offenses, performs any of the following acts in a public place or under
circumstances which the person should know will likely cause affront or alarm to, on, or in the
presence of another who is 14 years of age or older:
(a) an act of sexual intercourse or sodomy;
(b) exposes his or her genitals, the female breast below the top of the areola, the
buttocks, the anus, or the pubic area;
(c) masturbates; or
[(d) engages in trespassory voyeurism; or]
[(e)] (d) any other act of lewdness.
(2) Lewdness is a class B misdemeanor.
(3) A person is guilty of sexual battery if the person under circumstances not amounting
to rape, rape of a child, object rape, object rape of a child, forcible sodomy, sodomy upon a child,
forcible sexual abuse, sexual abuse of a child, aggravated sexual abuse of a child, aggravated
sexual assault, or an attempt to commit any of these offenses intentionally touches, whether or
not through clothing, the anus, buttocks, or any part of the genitals of another person, or the
breast of a female, and the actor's conduct is under circumstances the actor knows or should
know will likely cause affront or alarm to the person touched.
(4) Sexual battery is a class A misdemeanor.
(5) A person is guilty of public urination if the person urinates or defecates:
(a) in a public place, other than a public rest room; and
(b) under circumstances which the person should know will likely cause affront or alarm
to another.
(6) Public urination is a class C misdemeanor.

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(7) A woman's breast feeding, including breast feeding in any location where the woman
otherwise may rightfully be, does not under any circumstance constitute a lewd or grossly lewd
act, irrespective of whether or not the breast is covered during or incidental to feeding.
Section 3. Section 76-9-702.5 is amended to read:
76-9-702.5. Lewdness involving a child.
(1) A person is guilty of lewdness involving a child if the person under circumstances not
amounting to rape of a child, object rape of a child, sodomy upon a child, sexual abuse of a child,
aggravated sexual abuse of a child, or an attempt to commit any of those offenses, intentionally
or knowingly does any of the following to, or in the presence of a child who is under 14 years of
age:
(a) performs an act of sexual intercourse or sodomy;
(b) exposes his or her genitals, the female breast below the top of the areola, the
buttocks, the anus, or the pubic area:
(i) in a public place; or
(ii) in a private place:
(A) under circumstances the person should know will likely cause affront or alarm; or
(B) with the intent to arouse or gratify the sexual desire of the actor or the child;
(c) masturbates;
[(d) engages in trespassory voyeurism;]
[(e)] (d) under circumstances not amounting to sexual exploitation of a child under
Section 76-5a-3 , causes a child under the age of 14 years to expose his or her genitals, anus, or
breast, if female, to the actor, with the intent to arouse or gratify the sexual desire of the actor or
the child; or
[(f)] (e) performs any other act of lewdness.
(2) Lewdness involving a child is a class A misdemeanor.
Section 4. Section 76-9-702.7 is enacted to read:
76-9-702.7. Voyeurism offense -- Penalties -- Exemptions.
(1) A person is guilty of voyeurism who intentionally uses a camcorder, motion picture

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camera, photographic camera of any type, or other equipment that is concealed to secretly or
surreptitiously videotape, film, photograph, or record by electronic means an individual:
(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;
(c) with the intent to invade the privacy of the individual; and
(d) 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 intentionally uses a mirror or other reflective
device that is concealed, a two-way mirror, a hole or opening, or any instrumentality to secretly
or surreptitiously view an individual:
(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;
(c) with the intent to invade the privacy of the individual; and
(d) 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.

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