under circumstances in which that other person has a reasonable expectation of privacy
(3) Reasonable expectation of privacy .— The term “under circumstances in which that other person 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 person was being captured; or (B) circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public.