2006 Code of Virginia § 18.2-130 - Peeping or spying into dwelling or enclosure

18.2-130. Peeping or spying into dwelling or enclosure.

A. It shall be unlawful for any person to enter upon the property of anotherand secretly or furtively peep, spy or attempt to peep or spy into or througha window, door or other aperture of any building, structure, or otherenclosure of any nature occupied or intended for occupancy as a dwelling,whether or not such building, structure or enclosure is permanently situatedor 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 leasedor rented to another under circumstances that would violate the occupant'sreasonable expectation of privacy.

B. It shall be unlawful for any person to use a peephole or other aperture tosecretly or furtively peep, spy or attempt to peep or spy into a restroom,dressing room, locker room, hotel room, motel room, tanning bed, tanningbooth, bedroom or other location or enclosure for the purpose of viewing anynonconsenting person who is totally nude, clad in undergarments, or in astate of undress exposing the genitals, pubic area, buttocks or female breastand the circumstances are such that the person would otherwise have areasonable expectation of privacy.

C. The provisions of this section shall not apply to a lawful criminalinvestigation or a correctional official or local or regional jail officialconducting surveillance for security purposes or during an investigation ofalleged misconduct involving a person committed to the Department ofCorrections or to a local or regional jail.

D. As used in this section, "peephole" means any hole, crack or othersimilar opening through which a person can see.

E. A violation of this section is a Class 1 misdemeanor.

(Code 1950, 18.1-174; 1960, c. 358; 1975, cc. 14, 15; 1992, c. 520; 1999,c. 351; 2003, cc. 81, 87.)