Loitering in a privacy space.

(1) (a) As used in this section: (i) "Privacy space" means the following in which an individual has a reasonable expectation of privacy: (A) a restroom or any other space that includes a toilet; (B) a dressing room, fitting room, locker room, changing facility, or any other space designated for multiple individuals to dress or undress within the same space; or (C) any room or space that includes a shower. (ii) "Sex-designated" means that a facility, program, or event is designated specifically for males or females and not the opposite sex. (b) Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-301 apply to this section. (2) An actor commits the offense loitering in a privacy space if the actor intentionally or knowingly remains unlawfully in a privacy space. (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor. (b) A violation of Subsection (2) is a class A misdemeanor if the actor commits the offense: (i) while also committing the offense of: (A) criminal trespass in a sex-designated changing room under Subsection 76-6-206(2)(d); (B) lewdness under Section 76-5-419; (C) lewdness involving a child under Section 76-5-420; or (D) voyeurism under Section 76-12-306; (E) recorded or photographed voyeurism under Section 76-12-307; or (F) distribution of images obtained through voyeurism under Section 76-12-308; or (ii) in a sex-designated privacy space that is not designated for individuals of the actor's sex.