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2023 SESSION
23101680DBe it enacted by the General Assembly of Virginia:
1. That §§ 18.2-130 and 18.2-130.1 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-130. Peeping or spying into dwelling or enclosure; penalty.
A. It shall be unlawful for any person to
enter upon the property of another and secretly or
furtively peep, spy or attempt to peep or spy into or through a window, door or
other aperture of any building, structure, or other enclosure of any nature
occupied or intended for occupancy as a dwelling, whether or not such building,
structure, or enclosure is permanently
situated or transportable and whether or not such occupancy is permanent or
temporary, or to do the same, without just cause, upon property owned by him
and leased or rented to another under circumstances that would violate the
occupant's reasonable expectation of privacy.
B. It shall be unlawful for any person to use a peephole or other aperture to secretly or furtively peep, spy or attempt to peep or spy into a restroom, dressing room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom or other location or enclosure for the purpose of viewing any nonconsenting person who is totally nude, clad in undergarments, or in a state of undress exposing the genitals, pubic area, buttocks or female breast and the circumstances are such that the person would otherwise have a reasonable expectation of privacy.
C. The provisions of this section shall not apply to a lawful criminal investigation or a correctional official or local or regional jail official conducting surveillance for security purposes or during an investigation of alleged misconduct involving a person committed to the Department of Corrections or to a local or regional jail.
D. As used in this section, "peephole" means any hole, crack or other similar opening through which a person can see.
E. A violation of this section is a Class 1 misdemeanor.
§ 18.2-130.1. Peeping or spying into dwelling or occupied building by electronic device; penalty.
It is unlawful for any person to knowingly and intentionally
cause an electronic device to enter the property
of another to secretly or furtively peep or spy or attempt
to peep or spy into or through a window, door, or other aperture of any
building, structure, or other enclosure occupied or intended for occupancy as a
dwelling, whether or not such building, structure, or enclosure is permanently
situated or transportable and whether or not such occupancy is permanent or
temporary, or to do the same, without just cause, upon property owned by him
and leased or rented to another under circumstances that would violate the
occupant's reasonable expectation of privacy. A violation of this section is a
Class 1 misdemeanor. The provisions of this section shall not apply to a lawful
criminal investigation.