A. A person commits the crime of voyeurism in the second degree if he or she intentionally photographs or films another person for the purpose of photographing or filming the intimate areas of that person with the intent to distribute or disseminate the photograph or film, without that person’s knowledge and consent, and under circumstances where the person has a reasonable expectation of privacy, whether in a public or private place.

B. Voyeurism in the second degree is a gross misdemeanor.

C. Voyeurism in the second degree is not a sex offense for the purposes of sentencing or sex offender registration requirements under RCW 9A.44.115.

D. This section does not apply to viewing, photographing, or filming by personnel of the Department of Corrections or of a local jail or correctional facility for security purposes or during investigation of alleged misconduct by a person in the custody of the Department of Corrections or the local jail or correctional facility.

E. If a person is convicted of a violation of this section, the court may order the destruction of any photograph, motion picture film, digital image, videotape, or any other recording of an image that was made by the person in violation of this section. (Ord. 3564-17 § 1, 2017.)