Under circumstances in which that individual has a reasonable expectation of privacy

Video Voyeurism Prevention Act of 2004
Under circumstances in which that individual has a reasonable expectation of privacy means:

":(A) circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the individual was being captured; or
 * (B) circumstances in which a reasonable person would believe that a private area of the individual would not be visible to the public, regardless of whether that person is in a public or private place."