2605. Voyeurism
(a) Definitions. 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 the person’s 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 the person’s 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 the person could disrobe in privacy, without the person 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” has 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.
(9) “Harm” means physical injury, financial injury, or serious emotional distress.
(b) Unlawful viewing. No person shall intentionally view:
(1) the intimate areas of another person without that person’s knowledge and consent while the person being viewed is in a place where the person would have a reasonable expectation of privacy or under circumstances in which the person has a reasonable expectation of privacy; or
(2) a person engaged in sexual conduct without that person’s knowledge and consent while the person being viewed is in a place where the person would have a reasonable expectation of privacy or under circumstances in which the person has a reasonable expectation of privacy.
(c) Unlawful photographing, filming, or recording. No person shall
intentionally 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 photographed, filmed, or recorded is in a place where the person would have a reasonable expectation of privacy or under circumstances in which the person has a reasonable expectation of privacy; or
(2) a person engaged in sexual conduct without that person’s knowledge and consent while the person being photographed, filmed, or recorded is in a place where the person would have a reasonable expectation of privacy or under circumstances in which the person has a reasonable expectation of privacy.
(d) Surveillance. 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 the person 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) Display or disclosure to a third party. No person shall intentionally display or disclose to a third party an image recorded in violation of subsection (c) of this section.
(f) Applicability. 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) Exceptions. 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) Constitutionally protected activity. 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) Affirmative defense. It shall be an affirmative defense to a violation of subsection (b) or (c) 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) or (c) of this section shall not be a defense to a violation of subsection (e) of this section.
(j) Penalties.
(1) For a first offense involving a victim who is 18 years of age or older, a person who violates subsection (b), (c), or (d) 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 involving a victim who is 18 years of age or older, a person who violates subsection (b), (c), or (d) of this section shall be imprisoned not more than three years or fined not more than $5,000.00, or both.
(2) For a first offense involving a victim who is under 18 years of age, a person who violates subsection (b), (c), or (d) of this section shall be imprisoned not more than three years or fined not more than $5,000.00, or both. For a second or subsequent offense involving a victim who is under 18 years of age, a person who violates subsection (b), (c), or (d) of this section shall be imprisoned not more than five years or fined not more than $10,000.00, or both.
(3) A person who violates subsection (e) of this section shall be imprisoned not more than five years or fined not more than $5,000.00, or both.
(k) Civil.
(1) A plaintiff shall have a private cause of action against a defendant who intentionally displays or discloses to a third party an image recorded in violation of subsection (c) of this section and the display or disclosure causes the plaintiff harm.
(2) In addition to any other relief available at law, the court may order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or disclosure of the image. The court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym.
(3) In an action brought pursuant to this subsection, the required element in a negligence claim of actual injury to the plaintiff may be satisfied by a diagnosis of a disorder resulting from trauma.
(4) A civil action authorized by this subsection may be commenced at any time after the act alleged to have caused the injury or condition. Notwithstanding 1 V.S.A. § 214, this subsection shall apply retroactively to a violation of this section that occurred on or after July 1, 2005, irrespective of any statute of limitations in effect at the time the violation occurred.
Added 2005, No. 83, § 2; amended 2009, No. 111 (Adj. Sess.), § 1; 2015, No. 62, § 1; 2025, No. 89 (Adj. Sess.), § 1, eff. July 1, 2026.
