Amends existing law to revise the definition of “intimate areas,” to define “sexual act,” to revise provisions regarding when a person is guilty of video voyeurism and to provide exceptions.

The purpose of this legislation is to amend 18-6609 to revise the definition of "intimate areas," to define the term "sexual act," to revise the provisions regarding when a person is guilty of video voyeurism, and to add exceptions to the application of the statute. 18-6609(2)(b), as currently written, has been challenged on the grounds that the statute places an unconstitutional restriction on free speech. As a result of these challenges, there is a split in authority amongst district court judges in Idaho. At least one district court judge has ruled that 18-6609(2)(b) is constitutional while other judges have ruled that it is unconstitutional. The proposed amendments would address the overbreadth concerns cited by the district court judges and would make the statute more narrowly tailored.