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:
Attorney's NoteUnder the New Mexico Statutes, punishments for crimes depend on the classification. In the case of this section:
|fourth degree felony||up to 18 months||up to $5,000|
(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.