I don't think it should be a felony... until/unless the video is shared or published. If it's used for "private" gratification and no one knows about it but the photographer ... where's the damage?
Similarly, if the subject is unidentifiable, no damage is done... Still, it should be at lest a misdemeanor. We can't have women feeling like they're being watched from below every time they go up stairs or use the bathroom.
