(a) It is unlawful for a person to use a camera, videotape, photo-optical, photoelectric, or other image recording device for the purpose of secretly observing, viewing, photographing, filming, or videotaping another person who is present in a residence, place of business, school, or other structure, or a room or particular location within that structure, if the other person:
(1) Is in a private area out of public view;
(2) Has a reasonable expectation of privacy; and
(3) Has not consented to the observation.
(b) It is unlawful for a person to knowingly use an unmanned vehicle or aircraft, a camcorder, a motion picture camera, a photographic camera of any type, or other equipment that is concealed, operated in a manner to escape detection, or disguised to secretly or surreptitiously videotape, film, photograph, record, or view by electronic means another person:
(1) For the purpose of viewing any portion of the other person's body and for which the other person has a reasonable expectation of privacy;
(2) Without the knowledge or consent of the other person; and
(3) Under circumstances in which the other person has a reasonable expectation of privacy.
(c)(1)(A) A person who violates subsection (a) of this section for a first or second offense upon conviction is guilty of a Class D felony.
(B) A person who violates subsection (a) of this section for a third or subsequent offense upon conviction is guilty of a Class C felony.
(2)(A) A person who violates subsection (b) of this section upon conviction is guilty of a Class B misdemeanor.
(B) However, a person who violates subsection (b) of this section upon conviction is guilty of a Class A misdemeanor if the person:
(i) Distributed or transmitted the video recording, film, or photo to another person;
(ii) Posted the video recording, film, or photo in a format accessible by another person via the internet; or
(iii) Has previously been convicted of a violation of this section or § 5-16-102 .
(d) This section does not apply to:
(1) Video recording or monitoring conducted under a court order from a court of competent jurisdiction;
(2) Security monitoring operated by or at the direction of an occupant of a residence;
(3) Security monitoring operated by or at the direction of the owner or administrator of a place of business, school, or other structure;
(4) Security monitoring operated in a motor vehicle used for public transit;
(5) Security monitoring and observation associated with a correctional facility, regardless of the location of the monitoring equipment;
(6) Video recording or monitoring conducted by a law enforcement officer within the official scope of his or her duty; or
(7) Videotaping under § 12-18-615(b) .
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