For invasion of privacy to exist, the law does not require proof that the victim actually either exposed intimate parts, engaged in sexual penetration, or engaged in sexual contact during observation of the victim. The State must only prove beyond a reasonable doubt that the defendant made observations under circumstances in which a reasonable person would know that such conduct by the victim might occur.
One element the State must prove beyond a reasonable doubt is that you observed the victim under circumstances in which a reasonable person would not expect to be observed. In considering this question, the issue is not what the victim actually expected, but rather what a reasonable person under the circumstances would have expected.
