That's the issue facing the Wisconsin Court of Appeals.
Former high school chemistry teacher Mark Jahnke is challenging the state's voyeur law.
He pleaded guilty to secretly making home videos of sex acts with his nude girlfriend.
His lawyer argues that Jahnke's girlfriend had no expectation of privacy, because she was already naked.
But the state attorney general's office contends that being naked with someone isn't the same as giving them permission to take nude home videos.
