Chapter 8.48 MISCELLANEOUS OFFENSES


Section 8.48.015 Invasion of privacy.

    1. A person commits the crime of invasion of privacy if:
        (a) Such person knowingly views, photographs, records by any electronic means or films another person, without the person’ s knowledge and consent, while the person being viewed, photographed, recorded or filmed is in a state of full or partial nudity and is in a place where one would have a reasonable expectation or privacy; or
        (b)  Such person knowingly uses a concealed camcorder, digital photographic or recording device, photographic camera of any type to secretly videotape, photograph, or record by any electronic means another person under or through the clothing worn by that other person for the purpose of viewing the body of or the undergarments worn by the other person without that person’ s consent.
    2. As used in this section the following terms are defined as follows:
        (a) “Place where one would have a reasonable expectation of privacy.”  A location where a reasonable person would believe that he or she could disrobe in privacy without being concerned that his or her undressing was being viewed, photographed, recorded, or filmed by another.
        (b) “Full or partial nudity.”  Display of all or any part of the human genitals or pubic area or buttocks, or any part of the nipple of the breast of any female person, with less than a fully opaque covering.
        (c) “Views.”  Looking upon another person with the unaided eye or with any device designed or intended to improve  visual acuity for the purpose of arousing or gratifying the sexual desire of any person.
        (d) “Photographs”, “records” or “films”.  Making any photograph, digital or other visual recording, videotaping or another recording or transmission of the image of a person for the purpose of arousing or gratifying the sexual desire of any person.
    3. A separate violation of this section shall occur:
        (a) for each victim viewed, photographed, recorded or filmed during the same course of conduct; or
        (b) if a victim is viewed, photographed, recorded or filmed on more than one occasion during a separate course of conduct either individually or otherwise.
    4. Exceptions.  This section shall not apply to the following:
        (1) Viewing, photographing or filming by law enforcement officers during a lawful criminal investigation.
        (2) Viewing, photographing, recording, or filming by law enforcement officers or by personnel of the Department of Corrections or a local correctional facility, juvenile detention facility, prison, or jail for security purposes or during investigation of alleged misconduct by a person in the custody of the department or local authorities.
        (3) Upon property operated as a commercial, medical or retail facility where a warning is clearly and conspicuously posted at the entry to and inside any dressing room, changing room or restroom and where the intent of the photographing, recording, or filming is solely for the purpose of security or loss prevention. (Ord. 2003-1111)