Voyeurism Lawyer in Tampa

What Is Voyeurism?

Florida law separates the crime of voyeurism into two parts: voyeurism and video voyeurism. Below, we explain these definitions in detail.

Video Voyeurism

What is video voyeurism, and how is it different from voyeurism?

Florida Statute 810.145 defines video voyeurism as intentionally using or installing an imaging device to secretly broadcast, record, or view a person without their knowledge and consent who is dressing, undressing, or privately exposing their body in a place that has a reasonable expectation of privacy for the following purposes:

• Amusement
• Entertainment
• Gratification
• Profit
• Sexual arousal
• To degrade or abuse another person

The term “imaging device” refers to any digital, electronic, or mechanical viewing device, such as:

• Camcorder
• Motion picture camera
• Still camera

It also includes any other equipment, instrument, or format capable of recording, storing, or transmitting visual images of another individual.

Video voyeurism dissemination is the act of intentionally distributing, sending, or transferring the video voyeurism content recorded on the imaging device. These crimes are more severe than voyeurism, so if you’re facing a related offense, it’s in your best interest to hire a video voyeurism lawyer for help.

Voyeurism

Florida Statute 810.14 is the voyeurism statute. It states that voyeurism is the following:

• When one secretly observes another while the other person is in a conveyance, dwelling, or structure, and the location provides a reasonable expectation of privacy
• When one secretly observes another’s intimate areas while the other person is in a conveyance, dwelling, or structure, and the location provides a reasonable expectation of privacy

The term “intimate area” refers to any part of a person’s body or undergarments covered by clothing and intended to be protected from public view.

Notably, the statute only protects body parts that clothing covers to protect them from public viewing.

For instance, it doesn’t protect a woman wearing a low-cut top or dress that is causing men to stare at her cleavage. If the individual did not intend to protect the area from public view, grounds for voyeurism do not exist.

Examples of voyeurism include:

• Peeping Tom incidents
• Upskirting (using a camera or mirror to look under another individual’s clothing)
• Using hidden cameras to view someone’s undergarments or intimate areas while they are in a space with a reasonable expectation of privacy
• Watching someone in a dressing room or through a gap in a bathroom stall
• Watching someone in their home through a window, vent, or other opening

Penalties for Voyeurism in Florida

The penalties for voyeurism differ depending on three factors:

• The circumstances of the crime
• The age of the victim
• Your age

A first-offense voyeurism charge is a first-degree misdemeanor. The penalty is up to one year in jail and a maximum fine of $1,000.

However, if the offender has a prior conviction for voyeurism, the charge could be a third-degree felony instead. In Florida, a third-degree felony is punishable by up to five years in prison and a maximum fine of $5,000.

The penalties for a video voyeurism charge differ. A first offense is a third-degree felony unless the offender is under 19 years old. In this case, the charge would be a first-degree misdemeanor.

Repeat video voyeurism offenders face a second-degree felony, which is punishable by a prison sentence of up to 15 years and a fine of up to $10,000.

Those convicted of video voyeurism dissemination and commercial video voyeurism dissemination may face additional penalties.

In conjunction with jail or prison sentences and fines, those convicted of a voyeurism crime will also need to register as a sex offender.

Living life as a registered sex offender can be challenging as the registration dictates where you can live and work. For example, you cannot live within 1,000 feet of any school, childcare facility, park, or playground. If you hold a professional license, you could lose it after registering as a sex offender, too.

Your sex offender status also details who you can and cannot associate with. Not to mention, you will have a criminal record that will follow you for the rest of your life because you cannot seal or expunge voyeurism crimes in Florida.

Potential Defenses for Voyeurism

Disclaimer: The common defenses mentioned in this section do not constitute formal legal advice, and we do not recommend you represent yourself in court using the information here. It’s always best to hire a voyeurism defense attorney to review and defend your case in court.

The state must prove the following beyond a reasonable doubt:

• The alleged offender secretly observed or watched the alleged victim.
• The alleged offender acted with lewd, lascivious, or indecent intent.

When the alleged offender observed the alleged victim, there was a reasonable expectation of privacy.
Although your lawyer can use one of several criminal defenses (as they relate to your case) to show that one or several of these did not occur, the most common defense is showing that there was no lewd, lascivious, or indecent intent.

For instance, accidentally seeing someone undress in their home because they left the window shades open and you were walking by is not grounds for a voyeurism charge. Similarly, walking into a dressing room thinking it was empty and seeing someone undressing is not a crime. There was no lewd, lascivious, or indecent intent in these scenarios, and an attorney would argue as such.

Additionally, the presence of an imaging device is not enough to show intent. Having a device on your person during the alleged incident doesn’t prove you committed or intended to commit a crime.

FAQs About Voyeurism Lawyers in Tampa

Still have questions about voyeurism? Below, you’ll find the answers to the most common questions we receive on the topic.

Is Peeping Tom a Crime in Florida?

Yes, Peeping Tom is a crime in Florida.

A Peeping Tom is someone who watches another person without their knowledge or consent.

These crimes are punishable by jail or prison sentences and fines. Those convicted must also register as a sex offender.

Are Voyeur Sites Legal?

Under 18 U.S. Code 1801, it is illegal to intentionally and knowingly take an image of an individual’s private area without their consent, where they are under the impression, they have a reasonable expectation of privacy. Thus, the content on voyeur sites is illegal, and those recording and posting the content are committing a crime.

However, the government cannot prosecute individuals based on the type of porn they watch. So, visiting and watching content on voyeur sites is not illegal.

Do Peeping Tom’s Go to Jail?

Yes, Peeping Tom’s can go to jail. However, for a first-time voyeurism offense or video voyeurism offense committed by an offender under 19 years of age, a judge may only impose probation, even though they can sentence the offender to up to 12 months in jail.

Those facing a second or subsequent charge will likely face jail or prison time since repeat offenders face a felony charge rather than a misdemeanor.

To avoid jail time, Peeping Toms should hire a voyeurism lawyer in Tampa. Although not a guarantee you won’t face jail time, having a lawyer is the best way to try to reduce or drop the charges against you.

Our Process: What to Expect When Working With Mike G Law

First, schedule your free consultation with our law firm to begin the attorney-client relationship. During the initial meeting, Mike G will review your case and the available evidence against you. If the state has not formally filed charges, Mike G will collect further evidence during the pre-file investigation, which could dissuade the court from ever officially filing charges.

If and when the state files charges against you, Mike G will work to create a defense specific to your case. He will always fight for your rights during the process and continue to defend you should your case go to trial.

Most importantly, Mike G will always give you the honest truth about your circumstances.