Amends TCA Title 39, Chapter 13.

Under present law, it is an offense (observation without consent) 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. If the person being viewed is a minor, the offense is committed regardless of whether the minor or the minor's parent or guardian consented to the viewing. This bill adds, for purposes of the above-described offense, that an ordinary person in a single-sex, multi-person use restroom, locker room, dressing room, or shower: (A) Has a reasonable expectation of privacy from a member of the opposite sex; and (B) Would be offended or embarrassed if the person knew that the person was being viewed by a member of the opposite sex. This bill specifies that, for purposes of the above, a person's sex is the sex listed on the person's birth certificate. Under present law, the observation without consent is a Class A misdemeanor, unless the victim is under 13 years of age at the time the offense is committed, in which case it is a Class E felony. This bill adds that a first violation under the circumstances added by this bill will be a Class C misdemeanor and a second or subsequent violation under such circumstances will be a Class B misdemeanor.