(b) In this section
(1) the term capture, with respect to an image, means to videotape, photograph, film, record by any means, or broadcast;
(2) the term broadcast means to electronically transmit a visual image with the intent that it be viewed by a person or persons;
(3) the term a private area of the individual means the naked or undergarment clad genitals, pubic area, buttocks, or female breast of that individual;
(4) the term female breast means any portion of the female breast below the top of the areola; and
(5) the term 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.