4.812 Violating Privacy of Another.
(1) No person, other than an officer performing a lawful duty, shall enter upon land or into a building used in whole or part as a dwelling not the person’s own without permission of the owner or person entitled to possession thereof and while so trespassing look through or attempt to look through a window, door or transom of the dwelling or that part of the building used as a dwelling with the intent to violate the privacy of any other person.
(2) No person shall knowingly make or record a photograph, motion picture, videotape or other visual recording of another person in a state of nudity without the consent of the person being recorded if, at the time the recording is being made or recorded, the person being recorded is in a place and circumstance where the person has a reasonable expectation of personal privacy.
(3) No person shall, for the purpose of arousing or gratifying the sexual desire of the person, be in a location to observe another person in a state of nudity without the consent of the other person while the other person is in a place and circumstance where the person has a reasonable expectation of personal privacy.
(4) No person shall knowingly make or record a photograph, motion picture, videotape or other visual recording of another person’s intimate area without the consent of the person being recorded and the person being recorded has a reasonable expectation of privacy concerning the area.
(5) Subsections (2) and (3) of this section shall not apply to:
(a) Any legitimate medical procedure performed by or under direction of a person licensed to provide medical service for the purpose of medical diagnosis, treatment, education or research, including, but not limited to, the recording of medical procedures; and
(b) Any activity undertaken in the course of bona fide law enforcement or corrections activity or necessary to the proper functioning of the criminal justice system, including but not limited to the operation and management of jails, prisons and other youth and adult corrections facilities.
(6) As used in subsections (2), (3), (4) and (5) of this section, the following terms and phrases mean:
Intimate Area. Means nudity, or undergarments that are being worn by a person and are covered by clothing.
Make or record a photograph, motion picture, videotape or other visual recording. Includes, but is not limited to, making or recording or employing, authorizing, permitting, compelling or inducing another person to make or record a photograph, motion picture, videotape or other visual recording.
Nudity. Means uncovered, or less than opaquely covered, post-pubescent human genitals, pubic areas or a post-pubescent human female breast below a point immediately above the top of the areola. Nudity includes a partial state of nudity.
Place and circumstance where the person has a reasonable expectation of personal privacy. Includes, but is not limited to, a bathroom, dressing room, locker room that includes an area for dressing or showering, tanning booth and any area where a person undresses in an enclosed space that is not open to public view.
Public view. Means that an area can be readily seen and that a person within the area can be distinguished by normal unaided vision when viewed from a public place as that term is defined in Section 4.890 of this code.
Reasonable expectation of privacy concerning the intimate area. Means that the person intended to protect the intimate area from being seen and has not exposed the intimate area to public view.