Selected Statutes: Utah

(1)(a) As used in this section, “sex-designated privacy space” means the same as that term is defined in Section 76-12-309.

(b) Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-301 apply to this section.

(2) An actor commits voyeurism if:

(a) the actor views, or attempts to view, an individual, with or without the use of an instrumentality:

(i) 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;

(ii) without the knowledge or consent of the individual; and

(iii) under circumstances in which the individual has a reasonable expectation of privacy; and

(b) the actor’s conduct described in Subsection (2)(a) does not amount to a violation of Section 76-12-307, Recorded or photographed voyeurism.

(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.

(b) A violation of Subsection (2) is a class A misdemeanor if the violation is committed:

(i) against a child under 14 years old;

(ii) in a sex-designated privacy space that is not designated for individuals of the actor’s sex; or

(iii) while also committing the offense of:

(A) criminal trespass in a sex-designated changing room under Subsection 76-6-206(2)(d);

(B) lewdness under Section 76-5-419;

(C) lewdness involving a child under Section 76-5-420; or

(D) loitering in a privacy space under Section 76-12-309.

(4) For purposes of this section, an individual has a reasonable expectation of privacy within a public restroom.