INVASION OF PRIVACY

Well-publicized incidents involving secret filming or videotaping women in dressing rooms or restrooms, and even during romantic encounters, first led the prohibition of such conduct in 2002. ² A person commits this crime when they knowingly photograph or films another person in full or partial nudity without the persons consent.

Lawful surveillance activities of law enforcement or corrections officers are excluded from the invasion of privacy offense. ³ The offense is also subject to a special statute of limitations, which extends the time for prosecution in cases where the victim does not learn of the invasion until some-time after the photographing, etc. occurs.

565.252. Invasion of Privacy, Penalty

1. A person commits the offense of invasion of privacy if he or she knowingly:

(1) Photographs, films, videotapes, produces, or otherwise creates an image of another person, without the person’s consent, while the person is in a state of full or partial nudity and is in a place where one would have a reasonable expectation of privacy; or

(2) Photographs, films, videotapes, produces, or otherwise creates an image of 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 that other person without that person’s consent.

2. Invasion of privacy is a class A misdemeanor (up to one-year imprisonment) unless:

(1) A person who creates an image in violation of this section distributes the image to another or transmits the image in a manner that allows access to that image via computer;

(2) A person disseminates or permits the dissemination by any means, to another person, of a videotape, photograph, or film obtained in violation of this section;

(3) More than one person is viewed, photographed, filmed or videotaped during the same course of conduct; or

(4) The offense was committed by a person who has previously been found guilty of invasion of privacy in which case invasion of privacy is a class E felony (up to four years imprisonment).

3. Prior findings of guilt shall be pleaded and proven in the same manner required by the provisions of section 558.021.

4. As used in this section, “same course of conduct” means more than one person has been viewed, photographed, filmed, or videotaped under the same or similar circumstances pursuant to one scheme or course of conduct, whether at the same or different times.