CRIMES AND PUNISHMENTS
CHAPTER 66
SEX CRIMES
18-6609.Crime of video voyeurism. (1) As used in this section:
(a) "Broadcast"
means the electronic transmittal of a visual image with the intent
that it be viewed by a person or persons.
(b) "Disseminate"
means to make available by any means to any person.
(c) "Imaging
device" means any instrument capable of recording, storing, viewing
or transmitting visual images.
(d) "Intimate
areas" means the buttocks, genitals or genital areas of males
or females, and the breast area of females.
(e) "Person"
means any natural person, corporation, partnership, firm, association,
joint venture or any other recognized legal entity or any agent or
servant thereof.
(f) "Place
where a person has a reasonable expectation of privacy" means:
(i) A
place where a reasonable person would believe that he could undress,
be undressed or engage in sexual activity in privacy, without concern
that he is being viewed, photographed, filmed or otherwise recorded
by an imaging device; or
(ii) A place
where a person might reasonably expect to be safe from casual or hostile
surveillance by an imaging device; or
(iii) Any public
place where a person, by taking reasonable steps to conceal intimate
areas, should be free from the viewing, recording, storing or transmitting
of images obtained by imaging devices designed to overcome the barriers
created by a person’s covering of intimate areas.
(g) "Publish"
means to:
(i) Disseminate
with the intent that such image or images be made available by any
means to any person; or
(ii) Disseminate
with the intent that such images be sold by another person; or
(iii) Post, present,
display, exhibit, circulate, advertise or allow access by any means
so as to make an image or images available to the public; or
(iv) Disseminate
with the intent that an image or images be posted, presented, displayed,
exhibited, circulated, advertised or made accessible by any means
and to make such image or images available to the public.
(h) "Sell"
means to disseminate to another person, or to publish, in exchange
for something of value.
(2) A person
is guilty of video voyeurism when, with the intent of arousing, appealing
to or gratifying the lust or passions or sexual desires of such person
or another person, or for his own or another person’s lascivious
entertainment or satisfaction of prurient interest, or for the purpose
of sexually degrading or abusing any other person:
(a) He uses,
installs or permits the use or installation of an imaging device at
a place where a person would have a reasonable expectation of privacy,
without the knowledge or consent of the person using such place; or
(b) He intentionally
disseminates, publishes or sells any image or images of the intimate
areas of another person or persons without the consent of such other
person or persons and with knowledge that such image or images were
obtained with the intent set forth above.
(3) A violation
of this section is a felony.
Idaho Statutes