Title 16, Chapter 11, Section 62
( 16-11-62)
It shall be unlawful for: (1) Any person in a clandestine manner intentionally to overhear,
transmit, or record or attempt to overhear, transmit, or record
the private conversation of another which shall originate in any
private place; (2) Any person, through the use of any device, without the consent
of all persons observed, to observe, photograph, or record the
activities of another which occur in any private place and out of
public view; provided, however, that it shall not be unlawful: (A) To use any device to observe, photograph, or record the
activities of persons incarcerated in any jail, correctional
institution, or any other facility in which persons who are
charged with or who have been convicted of the commission of a
crime are incarcerated, provided that such equipment shall not
be used while the prisoner is discussing his or her case with
his or her attorney; (B) For an owner or occupier of real property to use for
security purposes, crime prevention, or crime detection any
device to observe, photograph, or record the activities of
persons who are on the property or an approach thereto in areas
where there is no reasonable expectation of privacy; or (C) To use for security purposes, crime prevention, or crime
detection any device to observe, photograph, or record the
activities of persons who are within the curtilage of the
residence of the person using such device. A photograph,
videotape, or record made in accordance with this subparagraph,
or a copy thereof, may be disclosed by such resident to the
district attorney or a law enforcement officer and shall be
admissible in a judicial proceeding, without the consent of any
person observed, photographed, or recorded; (3) Any person to go on or about the premises of another or any
private place, except as otherwise provided by law, for the
purpose of invading the privacy of others by eavesdropping upon
their conversations or secretly observing their activities; (4) Any person intentionally and secretly to intercept by the use
of any device, instrument, or apparatus the contents of a message
sent by telephone, telegraph, letter, or by any other means of
private communication; (5) Any person to divulge to any unauthorized person or authority the content or substance of any private message intercepted lawfully in the manner provided for in Code Section 16-11-65; (6) Any person to sell, give, or distribute, without legal
authority, to any person or entity any photograph, videotape, or
record, or copies thereof, of the activities of another which
occur in any private place and out of public view without the
consent of all persons observed; or (7) Any person to commit any other acts of a nature similar to
those set out in paragraphs (1) through (6) of this Code section
which invade the privacy of another. |