Video voyeurism allegations can include a wide array of scenarios involving an individual watching or video recording another in an place in which that person has a reasonable expectation of privacy. Voyeurism charges can be levied for something as simple as recording the view into a persons home to the more serious allegation of placing a recording device in a bedroom, bathroom, or dressing room in an effort to watch someone anytime they enter. Regardless of the conduct involved in this charge, it is in your best interest to retain an experienced criminal lawyer as soon as possible. An allegation that you placed a video camera somewhere does not necessarily mean the State has enough to convict, however, due to the nature of the charge as a semi-sex crime it is likely the State will look seriously at the allegation. Do not speak with the police prior to speaking to our office. Criminal attorney, Jason Mayberry, is well versed in defending voyeurism allegations and knows exactly what material issues are presented in connection with these charges.
Florida Statute 810.145(2) defines this crime as a person who, for his own amusement, entertainment, or sexual arousal, intentionally uses or installs an imaging device to secretly view, broadcast, or record a person without their consent while they’re in the act of dressing, undressing, or privately exposing their body in a time and place when they have a reasonable expectation of privacy. This charge can also occur when one is recorded through or under their clothing. In the latter scenario an example would be a recording device on a man’s shoe as he records under a lady’s skirt.
To better understand what is necessary to convict an individual on this charge, a jury instruction may be useful. Florida jury instruction 11.13 dictates that convict on a charge of video voyeurism, the jury must find:
- Defendant secretly observed the victim.
- The act was done with a lewd, lascivious, or indecent intent.
- When the victim was observed he or she was in a dwelling, structure, or conveyance in which he or she had a reasonable expectation of privacy.
The words lewd, lascivious, and indecent mean the same thing, a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing the act.
Penalties can range from a first degree misdemeanor if the defendant is under 19 years old and the victim is not a minor, to a second degree felony for a voyeur 24 years old or older who records a victim less than 16 years old, regardless of knowledge of the victim’s age. Video Voyeurism under 810.145(8) for recording a child under the age of 16 by an adult 18 or over, regardless of knowledge of age, requires registration as a sex offender. Regardless of Statutory subsection, our attorneys attack every allegation of video voyeurism as if it were a sex crime so as to err on the side of caution to our client’s benefit.
If you’ve been accused of this crime, do not speak to anyone prior to contacting our experienced Tampa criminal attorneys. Often despite the positive identification of an imaging device or camera there is no way to tie that device to a certain individual. Admissions made to police or other individuals are often the piece of evidence that leads to a conviction for those accused of this crime. Do not delay, contact our office today at 813-444-7345 and speak with an attorney immediately.