Section 53a-189a - Voyeurism: Class D or C felony(a) A person is guilty of voyeurism when, (1) with malice, such person knowingly photographs, films, videotapes or otherwise records the image of another person (A) without the knowledge and consent of such other person, (B) while such other person is not in plain view, and (C) under circumstances where such other person has a reasonable expectation of privacy, (2) with intent to arouse or satisfy the sexual desire of such person or any other person, such person knowingly photographs, films, videotapes or otherwise records the image of another person (A) without the knowledge and consent of such other person, (B) while such other person is not in plain view, and (C) under circumstances where such other person has a reasonable expectation of privacy, (3) with the intent to arouse or satisfy the sexual desire of such person, commits simple trespass, as provided in section 53a-110a, and observes, in other than a casual or cursory manner, another person (A) without the knowledge or consent of such other person, (B) while such other person is inside a dwelling, as defined in section 53a-100, and not in plain view, and (C) under circumstances where such other person has a reasonable expectation of privacy, or (4) with intent to arouse or satisfy the sexual desire of such person or any other person, such person knowingly photographs, films, videotapes or otherwise records the genitals, pubic area or buttocks of another person or the undergarments or stockings that clothe the genitals, pubic area or buttocks of another person (A) without the knowledge and consent of such other person, (B) while such genitals, pubic area, buttocks, undergarments or stockings are not in plain view, and (C) under circumstances where such other person has a reasonable expectation of privacy, whether such other person is or is not in a public place.(b) For purposes of this section, "in plain view" does not include any view that is achieved by photographing, filming, videotaping or otherwise recording under or around a person's clothing, and "public place" means public place, as defined in section 53a-186.(c) Voyeurism is (1) a class D felony for a first offense, except as provided in subdivision (3) of this subsection, (2) a class C felony for any subsequent offense, and (3) a class C felony for a first offense when (A) such person has been previously convicted of an offense enumerated in subsection (f) of section 53a-29, or (B) the intended subject of the offense is a person under sixteen years of age.(d) Notwithstanding the provisions of section 54-193, no person may be prosecuted for an offense under subdivision (1), (2) or (4) of subsection (a) of this section except within five years from the date of the offense, or within five years from the date the subject of the offense discovers the existence of the photograph, film, videotape or other recording that constitutes a violation of subdivision (1), (2) or (4) of subsection (a) of this section, whichever is later.Conn. Gen. Stat. § 53a-189a
( P.A. 99-143, S. 1; P.A. 03-114, S. 1; P.A. 06-187, S. 42; 06-196, S. 292; P.A. 15-213, S. 1.)
Amended by P.A. 19-0014,S. 1 of the Connecticut Acts of the 2019 Regular Session, eff. 10/1/2019.Amended by P.A. 15-0213, S. 1 of the Connecticut Acts of the 2015 Regular Session, eff. 10/1/2015. The "not in plain view" element of section refers to the plain view of the public generally, meaning that a person must not be in a position where any member of the public, lawfully situated, could plainly view the person being recorded. 328 C. 219. The perspective from which the "not in plain view" element of voyeurism must be evaluated is that of the defendant, not that of the general public. 166 CA 613; judgment reversed, see 328 Conn. 219.