H.B. 184 Enrolled

VOYEURISM AMENDMENTS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Brent H. Goodfellow

LONG TITLE
General Description:
This bill amends elements of the criminal offense of voyeurism.
Highlighted Provisions:
This bill:
. clarifies the misdemeanor offense of voyeurism which is sometimes commonly
referred to as a "peeping tom" offense, and which does not necessarily involve the
use of an instrumentality such as a camera; and
. removes the element of the offense which required that the actor have intent to
invade the privacy of the victim.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill provides an immediate effective date.
Utah Code Sections Affected:
AMENDS:
76-9-702.7, as enacted by Chapter 325, Laws of Utah 2003

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-9-702.7 is amended to read:
76-9-702.7. Voyeurism offenses -- Penalties.
(1) A person is guilty of voyeurism who intentionally uses a camcorder, motion picture
camera, photographic camera of any type, or other equipment that is concealed or disguised to
secretly or surreptitiously videotape, film, photograph, [or] record, or view 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; and
[(c) with the intent to invade the privacy of the individual; and]
[(d)] (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 [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], 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) [for the purpose of] 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) with the intent to invade the privacy of the individual; and]
[(d)] (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.
Section 2. Effective date.

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If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
date of veto override.

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