(a) As used in this section:
(1) “Nude or partially nude” means a person who has less than a fully opaque covering over the genitals, pubic area, buttocks, or breast of a female;
(2) “Private place” means a place where a person may reasonably expect to be safe from being observed without his or her knowledge and consent; and
(3) “Public accommodation” means a business, accommodation, refreshment, entertainment, recreation, or transportation facility where a good, service, facility, privilege, advantage, or accommodation is offered, sold, or otherwise made available to the public.
(b) A person commits the offense of voyeurism if for the purpose of sexual arousal or gratification, he or she knowingly:
(1) Without the consent of each person who is present in the private place, personally or through the use of an unmanned vehicle or aircraft, looks into a private place that is, or is part of, a public accommodation and in which a person may reasonably be expected to be nude or partially nude; or
(2) Enters personally or through the use of an unmanned vehicle or aircraft another person's private property without the other person's consent and looks into any person's dwelling unit if:
(A) The person looks into the dwelling with the purpose to intrude upon or interfere with a person's privacy;
(B) The person looks into a part of the dwelling in which a person is present;
(C) The person present has a reasonable expectation of privacy in that part of the dwelling; and
(D) The person present does not consent to the person's looking into that part of the dwelling.
(c) A person who violates this section upon conviction is guilty of a:
(1) Class D felony if:
(A) A victim is under seventeen (17) years of age and the person who commits the offense holds a position of trust or authority over the victim; or
(B) The person has previously been convicted of an offense under this section or § 5-16-101 ; or
(2) Class A misdemeanor if otherwise committed.
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