§ 2605. Voyeurism
(a) As used in this section:
(1) “Bona fide private investigator or bona fide security guard” means an individual lawfully
providing services, whether licensed or unlicensed, pursuant to 26 V.S.A. §§ 3151 and 3151a.
(2) “Female breast” means any portion of the female breast below the top of the areola.
(3) “Circumstances in which a person has a reasonable expectation of privacy” means circumstances
in which a reasonable person would believe that his or her intimate areas would not
be visible to the public, regardless of whether that person is in a public or private
area. This definition includes circumstances in which a person knowingly disrobes
in front of another, but does not expect nor give consent for the other person to
photograph, film, or record his or her intimate areas.
(4) “Intimate areas” means the naked or undergarment-clad genitals, pubic area, buttocks,
or female breast of a person.
(5) “Place where a person has a reasonable expectation of privacy” means:
(A) a place in which a reasonable person would believe that he or she could disrobe in
privacy, without his or her undressing being viewed by another; or
(B) a place in which a reasonable person would expect to be safe from unwanted intrusion
or surveillance.
(6) “Sexual conduct” shall have the same meaning as in section 2821 of this title.
(7) “Surveillance” means secret observation of the activities of another person for the
purpose of spying upon and invading the privacy of the person.
(8) “View” means the intentional looking upon another person for more than a brief period
of time, in other than a casual or cursory manner, with the unaided eye or a device
designed or intended to improve visual acuity.
(b) No person shall intentionally view, photograph, film, or record in any format:
(1) the intimate areas of another person without that person’s knowledge and consent while
the person being viewed, photographed, filmed, or recorded is in a place where he
or she would have a reasonable expectation of privacy; or
(2) the intimate areas of another person without that person’s knowledge and consent and
under circumstances in which the person has a reasonable expectation of privacy.
(c) No person shall display or disclose to a third party any image recorded in violation
of subsection (b), (d), or (e) of this section.
(d) No person shall intentionally conduct surveillance or intentionally photograph, film,
or record in any format a person without that person’s knowledge and consent while
the person being surveilled, photographed, filmed, or recorded is in a place where
he or she would have a reasonable expectation of privacy within a home or residence.
Bona fide private investigators and bona fide security guards engaged in otherwise
lawful activities within the scope of their employment are exempt from this subsection.
(e) No person shall intentionally photograph, film, or record in any format a person without
that person’s knowledge and consent while that person is in a place where a person
has a reasonable expectation of privacy and that person is engaged in sexual conduct.
(f) This section shall apply to a person who intentionally views, photographs, films,
or records the intimate areas of a person as part of a security or theft prevention
policy or program at a place of business.
(g) This section shall not apply to:
(1) a law enforcement officer conducting official law enforcement activities in accordance
with State and federal law; or
(2) official activities of the Department of Corrections, a law enforcement agency, the
Agency of Human Services, or a court for security purposes or during the investigation
of alleged misconduct by a person in the custody of the Department of Corrections,
a law enforcement agency, the Agency of Human Services, or a court.
(h) This section is not intended to infringe upon the freedom of the press to gather and
disseminate news as guaranteed by the First Amendment to the Constitution of the United States.
(i) It shall be an affirmative defense to a violation of subsection (b) of this section
that the defendant was a bona fide private investigator or bona fide security guard
conducting surveillance in the ordinary course of business, and the violation was
unintentional and incidental to otherwise legal surveillance. However, an unintentional
and incidental violation of subsection (b) of this section shall not be a defense
to a violation of subsection (c).
(j) For a first offense, a person who violates subsection (b), (d), or (e) of this section
shall be imprisoned not more than two years or fined not more than $1,000.00, or both.
For a second or subsequent offense, a person who violates subsection (b), (d), or
(e) of this section shall be imprisoned not more than three years or fined not more
than $5,000.00, or both. A person who violates subsection (c) of this section shall
be imprisoned not more than five years or fined not more than $5,000.00, or both. (Added 2005, No. 83, § 2; amended 2009, No. 111 (Adj. Sess.), § 1; 2015, No. 62, § 1.)