A. Voyeurism consists of intentionally using the unaided eye to view or intentionally using an instrumentality to view, photograph, videotape, film, webcast or record the intimate areas of another person without the knowledge and consent of that person:
(1) while the person is in the interior of a bedroom, bathroom, changing room, fitting room, dressing room or tanning booth or the interior of any other area in which the person has a reasonable expectation of privacy; or
(2) under circumstances where the person has a reasonable expectation of privacy, whether in a public or private place.
B. Whoever commits voyeurism is guilty of a misdemeanor, except if the victim is less than eighteen years of age, the offender is guilty of a fourth degree felony.
C. As used in this section:
(1) "intimate areas" means the primary genital area, groin, buttocks, anus or breasts or the undergarments that cover those areas; and
(2) "instrumentality" means a periscope, telescope, binoculars, camcorder, computer, motion picture camera, digital camera, telephone camera, photographic camera or electronic device of any type.
History: Laws 2007, ch. 238, § 1.
Effective dates. — Laws 2007, ch. 238, § 2 made this section effective on July 1, 2007.
Structure New Mexico Statutes
Chapter 30 - Criminal Offenses
Section 30-9-1 - Enticement of child.
Section 30-9-2 - Prostitution.
Section 30-9-3 - Patronizing prostitutes.
Section 30-9-4 - Promoting prostitution.
Section 30-9-4.1 - Accepting earnings of a prostitute.
Section 30-9-5 - Order for medical examination and treatment.
Section 30-9-6 - Testimony of witnesses to prostitution and lewdness.
Section 30-9-8 - House of prostitution; public nuisance.
Section 30-9-9 - Remedy of lessor.
Section 30-9-10 - Definitions.
Section 30-9-11 - Criminal sexual penetration.
Section 30-9-12 - Criminal sexual contact.
Section 30-9-13 - Criminal sexual contact of a minor.
Section 30-9-14 - Indecent exposure.
Section 30-9-14.1 - Indecent dancing.
Section 30-9-14.2 - Indecent waitering.
Section 30-9-14.3 - Aggravated indecent exposure.
Section 30-9-15 - Corroboration.
Section 30-9-16 - Testimony; limitations; in camera hearing.
Section 30-9-17.1 - Victims; polygraph examinations; prohibited actions.
Section 30-9-18 - Alleged victims who are under thirteen years of age; psychological evaluation.