Voyeurism/Unlawful Surveillance

Model Sexual Assault Code
Disclaimer
Acknowledgments
General Definitions
Consent Capacity to Consent Forcible Compulsion Sexual Contact Sexual Penetration Sexually Explicit Conduct
Mens Rea Provisions
Intentionally Knowingly Recklessly Prescribed Culpability Requirement Applies to All Material Elements. Substitutes for Recklessness and Knowledge. Requirement of Purpose Satisfied if Purpose Is Conditional. Requirement of Knowledge Satisfied by Knowledge of High Probability.
Crimes
Sexual Assault Aggravated Sexual Assault Sexual Assault Based on Abuse of Position Sexual Assault Based on Deception Criminal Sexual Conduct with Minors Incest Sexually Explicit Conduct in Public Abusive Sexual Exposure Abusive Sexual Conduct Abusive Sexual Conduct Involving Ejaculate, Vaginal Fluid, or other Bodily Fluid or Substance Nonconsensual Ingestion of Ejaculate, Vaginal Fluid, or other Bodily Fluid or Substance Abusive Sexual Conduct Involving Animals Sexual Torture Unlawful Child Marriage
Definitions
Visual Depiction Digital Forgery Identifiable Individual Image-Based Nudity Image-Based Sexually Explicit Conduct Promote Transmits or Posts
Crimes
Image-Based Sexual Abuse Voyeurism/Unlawful Surveillance
Voluntary Transmission of the Image(s) to the Actor is No Defense Law Enforcement, Medical Treatment, and Legal Proceedings Defense Reasonable Expectation of Privacy
Mistake of Fact as to Age is Not a Defense Voluntary Intoxication or Drugged Condition is Not a Defense Ignorance of Law is Not a Defense
Human Trafficking Sex Offender Registration and Notification Act (SORNA) Female Genital Mutilation
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Voyeurism/Unlawful Surveillance

Elements

An offense is committed when:

  1. for the actor’s own or another person’s sexual arousal or gratification, amusement, entertainment, or profit, or for the purpose of degrading or abusing another person, the actor intentionally, knowingly, or recklessly views another person dressing or undressing, or in a state of nudity, or engaged in sexually explicit conduct without the consent of the person(s) being viewed and when said person(s) had a reasonable expectation of privacy; 
  2. the actor intentionally, knowingly, or recklessly uses or installs, or permits the utilization or installation of any device to view, broadcast or record another person dressing or undressing or in a state of nudity or engaged in sexually explicit conduct without that person’s consent and when said person(s) had a reasonable expectation of privacy; 
  3. for no legitimate purpose, the actor intentionally or knowingly uses or installs or permits the utilization or installation of any device to view, broadcast or record another in a bedroom, changing room, fitting / dressing room, restroom, toilet, bathroom, washroom, shower or any room assigned to guests or patrons in a commercial establishment, motel, hotel, inn, or short-term rental without that person’s consent. When a person uses or installs, or permits the utilization or installation of any device in a bedroom, changing room, fitting room, restroom, toilet, bathroom washroom, shower or any room assigned to guests or patrons in a commercial establishment, a hotel, motel, inn, or short-term rental there is a rebuttable presumption that it was done for no legitimate purpose; 
  4. the actor intentionally uses or installs or permits the utilization or installation of any device to view, broadcast or record, under the clothing of another, or the anus, buttocks, penis, vagina, vulva, or breast of another, whether covered, partially covered, or uncovered without the consent of the person being viewed, broadcast, or recorded and when said person(s) had a reasonable expectation of privacy; or
  5. for the actor’s own or another person’s sexual arousal or gratification, amusement, entertainment, or profit, or for the purpose of degrading or abusing a person, the actor intentionally, knowingly, or recklessly uses or installs, or permits the utilization or installation of any device to view, broadcast or record another:
    1. engaging in sexually explicit conduct; or
    2. in the same image with anus, buttocks, penis, vagina, vulva, breast, or ejaculate of any other person; and
    3. without said person’s consent and when said person(s) had a reasonable expectation of privacy.

Grading

An offense under this section is a _ degree felony.

Image-Based Sexual Abuse Part 3: Defenses to Image Based Sexual Abuse Crimes