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 Virginia, Peeping Tom laws are addressed under the state's statutes concerning trespassing and invasion of privacy. Virginia Code § 18.2-130 makes it illegal for any person to enter upon the property of another and secretly or furtively peep or spy into a dwelling or enclosure. This law also covers the act of peeping into an occupied building or space where one may expect privacy, such as a restroom, dressing room, or bedroom. The statute explicitly prohibits the act of peeping for the purpose of sexual arousal, and it is considered a Class 1 misdemeanor. Additionally, Virginia law addresses the use of electronic devices for such purposes. Under Virginia Code § 18.2-386.1, it is illegal to unlawfully create an image of another person, where the person would have a reasonable expectation of privacy, without their consent, and with the intent to coerce, harass, or intimidate, which is a Class 1 misdemeanor. The use of devices like cameras and drones for the purpose of voyeurism can lead to more severe charges under certain circumstances. It's important to note that the victim does not need to be aware that they are being viewed for the offense to be considered a violation of these laws.