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A. A person commits the crime of violating the privacy of another if the person knowingly enters the land, dwelling, or other property of another, and while thus situated looks through or attempts to look through a window, door or transom of a dwelling, with the intent to violate the privacy of another.

B. The provisions of this section do not apply to:

1. Any activity undertaken in the course of bona fide law enforcement or corrections activity or necessary to the proper functioning of the criminal justice system.

2. Bona fide fire, life safety, first responder, or other rescue activity in response to reports of, actual, imminent, or threatened physical injury or property damage.

C. As used in this section, except as the context requires otherwise:

1. “Enter” means entry into or upon the land, dwelling or other property of another without the permission of the owner thereof or other person entitled to possession, or at times when the entrant is not otherwise licensed or privileged to enter, or in a manner that violates a covenant, condition, or other restriction upon the person of the person’s use of the land, dwelling or other property.

2. “Dwelling” means a building that in whole or in part, on either a regular or intermittent basis, is intended for occupancy by a person lodging therein. Where a building consists of separate dwelling units, including but not limited to separate apartments or rented rooms, each unit is, in addition to being a part of such building, a separate dwelling.

3. “Land” means privately-owned real property upon and within the bounds of which stands a dwelling or other building, including the yards or landscaped areas surrounding or adjacent to a dwelling or building. Varying ownerships may comprise a given piece of land.

4. “Violate the privacy of another” refers to a person’s act of obtaining views of another person in the other person’s dwelling in a manner that violates a privacy interest of the other person protected under state or federal law.

D. Violating the privacy of another is a Class A Misdemeanor. [BC 5.08.408, added by Ordinance No. 4182, 11/5/01]