Invasion of Privacy and Indecent Exposure

INVASION OF PRIVACY

It is illegal for a person to knowingly view, photograph, or film another person, for the purpose of arousing or gratifying the sexual desire of any person, if all of the following apply:
  • The other person does not consent or is unable to consent to being viewed, photographed or filmed;
  • The other person is in a state of full or partial nudity;
  • The other person has a reasonable expectation of privacy while in a state of full or partial nudity.
Full or partial nudity means the showing of any part of the human genitals or pubic area or buttocks, or any part of the nipple of the breast of a female, with less than fully opaque covering.
 
A person convicted of this offense commits an aggravated misdemeanor, punishable by up to 2 years in prison.  A conviction of this offense subjects the individual to a 10-year special sentence parole which commences at the completion of the sentence imposed.  A conviction for one of these offenses also carries placement on the sex offender registry for a period of 10 years.
 

INDECENT EXPOSURE

It is illegal for a person to expose their genitals or pubes to another, not the person’s spouse, or to commit a sex act in the presence of or view of a third person, if:
  • The person does so to arouse or satisfy the sexual desires of either party; and
  • The person knows or reasonably should know that the act is offensive to the viewer.
A person convicted of this offense commits a serious misdemeanor, punishable by up to 1 year in jail.  A conviction of this offense subjects the individual to a 10-year special sentence parole which commences at the completion of the sentence imposed.  A conviction for one of these offenses also carries placement on the sex offender registry for a period of 10 years.

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