under circumstances in which that individual has a reasonable expectation of privacy
(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.