§ 1314. Prohibited Acts
§ 1314 TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 1: CRIMES AGAINST THE PERSON § 1314. Unlawful Exploitation/Voyeurism. (a) It is unlawful to knowingly invade the privacy of another person without the knowledge of the other person for the purpose of sexual stimulation. (1) For the purposes of this section, a person’s privacy is invaded if both of the following apply: (A) The person has a reasonable expectation that the person will not be viewed, photographed, videotaped, filmed or digitally recorded. (B) The person is photographed, videotaped, filmed, digitally recorded or otherwise viewed, with or without a device, either: (i) While the person is in a state of undress or partial dress or; (ii) While the person is engaged in sexual intercourse or sexual contact or; (iii) While the person is urinating or defecating or; (iv) In a manner that directly or indirectly captures or allows the viewing of the person’s genitalia, buttock or female breast, whether clothed or unclothed, that is not otherwise visible to the public. (b) It is unlawful for a person to capture, disclose, display, distribute, attempt to distribute, threaten to distribute or publish a photograph, videotape, film or dig- ital recording that is made for sexual stimulation for self or others and: (1) after invasion of privacy; or (2) without the consent or knowledge of the person de- picted. (c) This section does not apply to any of the following: (1) Photographing, videotaping, filming or digitally recording for security pur- poses if notice of the use of the photographing, videotaping, filming or digital re- cording equipment is clearly posted in the location and the location is one in which the person does not have a reasonable expectation of privacy. (2) Photographing, videotaping, filming or digitally recording by correctional officials for security reasons or in connection with the investigation of alleged mis- conduct of persons on the premises of a jail or prison. (3) Photographing, videotaping, filming or digitally recording by law enforce- ment officers pursuant to an investigation, which is otherwise lawful. (4) The use of a child monitoring device. For the purpose of this section, “child monitoring device” shall mean a device that is capable of transmitting and audio or audiovisual signal that is installed or used in a residence for child supervision or safety monitoring by any parent, guardian, or other responsible person in the person’s own residence. (d)(1) Violation of subsection (a) shall be punishable by imprisonment for not more than five years, a fine of not more than 10,000, or both; each displayed and/or distributed photograph, videotape, film or digital recording that is made without the consent or knowledge of the person depicted shall be counted as a separate violation. Nothwithstanding any other provision of law, a person sen- tenced under this provision shall not be eligible for parole, if at all, until two-thirds of this minimum sentence has been served.
TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 1: CRIMES AGAINST THE PERSON Source: PL 12-82, § 4 (1314); repealed and reenacted by PL 24-08, § 7 (Aug. 5, 2025), modified. Commission Comment: See comment to 6 CMC § 1301 regarding PL 12- 82. In codifying PL 24-04, the Commission renumbered section (a)(1)(I)~(II)(B) and lower-cased the word “Each” in subsection (c)(2) in accordance with 1 CMC § 3806(a) and (g), respectively.
Source: CNMI Law Revision Commission