Vermont § 2605 - Voyeurism

§ 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.)