18.2-386.1 - Unlawful filming, videotaping or photographing of another; penalty. - Virginia Statutes

§ 18.2-386.1. Unlawful filming, videotaping or photographing of another;penalty.

A. It shall be unlawful for any person to knowingly and intentionallyvideotape, photograph, or film any nonconsenting person or create anyvideographic or still image record by any means whatsoever of thenonconsenting person if (i) that person is totally nude, clad inundergarments, or in a state of undress so as to expose the genitals, pubicarea, buttocks or female breast in a restroom, dressing room, locker room,hotel room, motel room, tanning bed, tanning booth, bedroom or otherlocation; or (ii) the videotape, photograph, film or videographic or stillimage record is created by placing the lens or image-gathering component ofthe recording device in a position directly beneath or between a person'slegs for the purpose of capturing an image of the person's intimate parts orundergarments covering those intimate parts when the intimate parts orundergarments would not otherwise be visible to the general public; and whenthe circumstances set forth in clause (i) or (ii) are otherwise such that theperson being videotaped, photographed, filmed or otherwise recorded wouldhave a reasonable expectation of privacy.

B. The provisions of this section shall not apply to filming, videotaping orphotographing or other still image or videographic recording by (i)law-enforcement officers pursuant to a criminal investigation which isotherwise lawful or (ii) correctional officials and local or regional jailofficials for security purposes or for investigations of alleged misconductinvolving a person committed to the Department of Corrections or to a localor regional jail, or to any sound recording of an oral conversation made as aresult of any videotaping or filming pursuant to Chapter 6 (§ 19.2-61 etseq.) of Title 19.2.

C. A violation of subsection A shall be punishable as a Class 1 misdemeanor.

D. A violation of subsection A involving a nonconsenting person under the ageof 18 shall be punishable as a Class 6 felony.

E. Where it is alleged in the warrant, information, or indictment on whichthe person is convicted and found by the court or jury trying the case thatthe person has previously been convicted within the 10-year periodimmediately preceding the offense charged of two or more of the offensesspecified in this section, each such offense occurring on a different date,and when such offenses were not part of a common act, transaction, or scheme,and such person has been at liberty as defined in § 53.1-151 between eachconviction, he shall be guilty of a Class 6 felony.

(1994, c. 640; 2004, c. 844; 2005, c. 375; 2008, c. 732.)