(a) As used in this Code section, the term:
(1) “Device” means an instrument or apparatus used for observing, photographing, videotaping, recording, or transmitting visual images, including but not limited to a camera, photographic equipment, video equipment, mobile phone, or other similar equipment.
(2) “Intimate parts” shall have the same meaning as set forth in Code Section 16-6-22.1 .
(b)(1) Notwithstanding Code Section 16-11-90 , it shall be unlawful for any person to, knowingly and without the consent of the individual observed, use or install a device for the purpose of surreptitiously observing, photographing, videotaping, filming, or video recording such individual underneath or through such individual's clothing, for the purpose of viewing the intimate parts of the body of or the undergarments worn by such individual, under circumstances in which such individual has a reasonable expectation of privacy, regardless of whether it occurs in a public place.
(2) It shall be unlawful to disseminate any image or recording with knowledge that it was taken or obtained in violation of paragraph (1) of this subsection.
(c) Any person convicted of violating this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one year nor more than five years, a fine of not more than $10,000.00, or both, or in the discretion of the court, as for a misdemeanor.
(d) Subsection (b) of this Code section shall not apply to:
(1) The lawful activities of law enforcement and prosecution agencies; or
(2) A business's or entity's surveillance device used in the ordinary course of its business, provided that signage conspicuously warns of such surveillance and the use of such device is primarily designed to detect unlawful activity.
(e) Any violation of this Code section shall constitute a separate offense and shall not merge with any other crimes set forth in this title.
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