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while so trespassing look through or attempt to look through a window, door or <br />transom of the dwelling or that part of the building used as a dwelling with the <br />intent to violate the privacy of any other person. <br />(2) <br /> No person shall knowingly make or record a photograph, motion picture, <br />videotape or other visual recording of another person in a state of nudity <br />without the consent of the person being recorded if, at the time the recording <br />is being made or recorded, the person being recorded is in a place and <br />circumstance where the person has a reasonable expectation of personal <br />privacy. <br />(3) <br />No person shall, for the purpose of arousing or gratifying the sexual desire of <br />the person, be in a location to observe another person in a state of nudity <br />without the consent of the other person while the other person is in a place <br />and circumstance where the person has a reasonable expectation of personal <br />privacy. <br />(4) <br />No person shall knowingly make or record a photograph, motion picture, <br />videotape or other <br />the consent of the person being recorded and the person being recorded has <br /> <br />a reasonable expectation of privacy concerning the area. <br />(5) <br /> Subsections (2) and (3) of this section shall not apply to: <br />(a) Any legitimate medical procedure performed by or under direction of a <br />person licensed to provide medical service for the purpose of medical <br />diagnosis, treatment, education or research, including, but not limited to, <br />the recording of medical procedures; and <br />(b) Any activity undertaken in the course of bona fide law enforcement or <br />corrections activity or necessary to the proper functioning of the criminal <br />justice system, including but not limited to the operation and <br />management of jails, prisons and other youth and adult corrections <br />facilities. <br />(6) <br /> As used in subsections (2), (3), (4) and (5) of this section, the following terms <br />and phrases mean: <br /> <br />Intimate Area. <br /> Means nudity, or undergarments that are being worn by a <br />person and are covered by clothing. <br /> <br />Make or record a photograph, motion picture, videotape or other visual <br />recording <br />. Includes, but is not limited to, making or recording or employing, <br />authorizing, permitting, compelling or inducing another person to make or <br />record a photograph, motion picture, videotape or other visual recording. <br /> <br />Nudity <br />. Means uncovered, or less than opaquely covered, post-pubescent <br />human genitals, pubic areas or a post-pubescent human female breast below <br />a point immediately above the top of the areola. Nudity includes a partial state <br />of nudity. <br /> <br />Place and circumstance where the person has a reasonable expectation <br />of personal privacy <br />. Includes, but is not limited to, a bathroom, dressing <br />room, locker room that includes an area for dressing or showering, tanning <br />booth and any area where a person undresses in an enclosed space that is <br />not open to public view. <br /> <br />Ordinance - Page 3 of 6 <br /> <br />