Peeping Tom laws—also known as voyeurism laws or invasion of privacy laws—generally make it illegal and a criminal offense to peek into windows or doors on private property to view a person who is fully or partially naked for the purpose of sexual desire or gratification.
Peeping Tom laws vary from state to state and some states require that the victim not realize he or she was being viewed and that the victim had a reasonable expectation of privacy (was in a place where it was reasonable to expect privacy). And some states specifically address the use of unmanned aircraft (drones), cameras, video cameras, and binoculars in connection with such peeping. Some state statutes specifically prohibit peeking into bathrooms, dressing rooms, showers, and baths. And some states characterize this criminal offense as trespassing with the intent to peer or peep.
Peeping Tom laws are located in a state’s statutes—often in the penal or criminal code.
In West Virginia, Peeping Tom laws are addressed under the state's voyeurism and invasion of privacy statutes. West Virginia Code §61-8-28 specifically criminalizes voyeurism, making it illegal for any person to knowingly and without lawful authority enter upon the property of another and peep through windows or doors, or other like places, on the premises, with the intent of spying upon or invading the privacy of the occupants therein or for any other lascivious and lewd purpose. This law applies when the person being viewed has a reasonable expectation of privacy, such as in their home or other private spaces like bathrooms, dressing rooms, or similar areas where one would expect privacy. The use of any device such as cameras, binoculars, or drones to commit such acts can enhance the charges and penalties. Violation of these laws can result in misdemeanor or felony charges, depending on the circumstances, with penalties that may include fines and imprisonment. It is important for individuals in West Virginia to respect the privacy of others and to understand that such voyeuristic behaviors are not only socially reprehensible but also illegal.