(a) It is an offense for a person to knowingly spy upon, observe or otherwise view an individual, when the individual is in a place where there is a reasonable expectation of privacy, without the prior effective consent of the individual, if the viewing:
(1) Would offend or embarrass an ordinary person if the person knew the person was being viewed; and
(2) Was for the purpose of sexual arousal or gratification of the defendant.
(b) It is not a defense to a violation of this section that the defendant was lawfully on the premises where the offense occurred.
(c) If the person being viewed is a minor, this section is violated regardless of whether the minor or the minor's parent or guardian consented to the viewing.
(d)
(1) A violation of this section is a Class A misdemeanor.
(2) A violation of this section is a Class E felony if the victim is under thirteen (13) years of age at the time the offense is committed.
(e) Nothing in this section shall preclude the state from electing to prosecute conduct in violation of this section under any other applicable section.
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