CRIMES AND PUNISHMENTS
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:
(a) 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, 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 either intentionally or with reckless disregard disseminates, publishes or sells or conspires to disseminate, publish or sell any image or images of the intimate areas of another person or persons without the consent of such other person or persons and he knows or reasonably should have known that one (1) or both parties agreed or understood that the images should remain private.
(3) A violation of this section is a felony.
(4) This section does not apply to an interactive computer service, as defined in 47 U.S.C. section 230(f)(2), an information service, as defined in 47 U.S.C. section 153 or a telecommunication service, as defined in section 61-121(2) or 62-603(13), Idaho Code, for content provided by another person, unless the provider intentionally aids or abets video voyeurism.
[18-6609, added 2004, ch. 122, sec. 1, p. 410; am. 2014, ch. 173, sec. 1, p. 477.]