Chapter 272 Section 105 of the 2020 General Laws, as appearing in the 2020 edition, is here by amended by striking subsections (a) and (b) and inserting in their place the following 2 subsections:

     (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

     “Electronically surveils” or “electronically surveilled”, to view, obtain, or record a person’s visual image by the use or aid of a camera, cellular or other wireless communications device, computer, television, or other electronic device.

     “Partially nude”, partially unclothed, such that one or more sexual or other intimate parts as defined herein is exposed.

      “Sexual or other intimate parts”, human genitals, buttocks, pubic area, or female nipples and areola, or any part thereof.

       (b) Whoever:

       (i) willfully photographs, videotapes, or electronically surveils another person who is nude or partially nude, with the intent to secretly conduct or hide such activity, when the other person in such place and circumstance would have a reasonable expectation of privacy in not being so photographed, videotaped, or electronically surveilled, or;

      (ii)  willfully photographs, videotapes, or electronically surveils the sexual or other intimate parts of another person, whether or not such parts are clothed, with the intent to secretly conduct or hide such activity, and with the intent to focus on or otherwise invade the privacy of the person’s sexual or other intimate parts;

shall be punished by imprisonment in the house of correction for not more than 2 1/2 years or by a fine of not more than $5,000, or by both, if the victim is 18 years or older; or by imprisonment in the house of correction for not more than 2 1/2 years, or by imprisonment in the state prison for not more than 5 years, or by a fine of not of not more than $10,000, or by both such fine and imprisonment, if the victim is less than 18 years of age or is otherwise incompetent. The actual knowledge and consent of the person so photographed, videotaped, or electronically surveilled shall be an affirmative defense to the offense stated herein provided that the person is competent to grant consent.