39-13-607 - Observation without consent.

39-13-607. Observation without consent.

(a)  It is an offense for a person to knowingly spy upon, observe or otherwise view an individual, when the individual is in a place where there is a reasonable expectation of privacy, without the prior effective consent of the individual, if the viewing:

     (1)  Would offend or embarrass an ordinary person if the person knew the person was being viewed; and

     (2)  Was for the purpose of sexual arousal or gratification of the defendant.

(b)  It is not a defense to a violation of this section that the defendant was lawfully on the premises where the offense occurred.

(c)  If the person being viewed is a minor, this section is violated regardless of whether the minor or the minor's parent or guardian consented to the viewing.

(d)  A violation of this section is a Class A misdemeanor.

[Acts 2000, ch. 667, § 1.]