Video Voyeurism

Video voyeurism is a crime prohibiting individuals from photographing or filming a person, without their knowledge, when they are dressing, undressing or privately exposing their body. A conviction for video voyeurism results in harsh penalties, and if the victim was a minor, you might face mandatory sex-offender registration. However, just because you’ve been charged with a crime doesn’t mean you’re guilty. At the Mayberry Law Firm, we want to remind you that you are presumed innocent, and it’s up to the government to prove you guilty beyond a reasonable doubt—if it can. Attorney Jason Mayberry is immediately available to answer your questions and begin working on a compelling defense to the charges you face.

Video voyeurism is a crime prohibiting individuals from photographing or filming a person, without their knowledge, when they are dressing, undressing or privately exposing their body. Under Florida Statutes § 810.145, one commits the offense of video voyeurism if, for their own “amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading or abusing another person,” they:

• Use or install a camera or similar device to view or record another person dressing, undressing or privately exposing their body when and where the person has a reasonable expectation of privacy;
• Allow another person to install a camera or similar device to record someone dressing, undressing or privately exposing their body when and where the person has a reasonable expectation of privacy; or
• Use a camera or similar device to view or record under or through another’s clothing with the intent of viewing their body or undergarments.

In this context, people have a reasonable expectation of privacy anywhere they could get undressed without fear that another person would see or film them, including inside a person’s home, a public restroom, or a dressing room. 

Under Florida Statutes § 810.145(3), video voyeurism dissemination is a crime that punishes the knowing transmission or transfer of any content that the sender knows or has reason to believe was taken in violation of the video voyeurism statute. For example, recording someone undressing in a dressing room and then sending the video to a friend may constitute video voyeurism dissemination.

Florida’s video voyeurism statute provides for several different penalties, depending on the nature of the offense. For example, if a defendant under 19 commits video voyeurism, it is a misdemeanor of the first degree. However, if an adult 19 or older commits the offense, it will be graded as a felony of the third degree. Additionally, the offense increases in seriousness to a felony of the second degree if a defendant has a prior conviction for video voyeurism.

Depending on the circumstances, a conviction for video voyeurism may require a defendant to register as a sex offender. Florida Statutes § 810.145(8)(a) outlines these situations:

• The defendant was at least 18 and responsible for the welfare of the alleged victim;
• The defendant was at least 18 and was employed at a private school, and committed the offense against a student; or
• The defendant was at least 24 and committed the offense against a minor under 15.

In the above examples, video voyeurism of a minor is a felony of the second degree and will require the defendant to register as a sex offender for the rest of their life. Additionally, if the image or film constitutes pornography, prosecutors may also bring child pornography charges.

If you’ve been charged with video voyeurism or other sex crimes, you need an experienced Tampa criminal defense attorney who will take your case as seriously as you do. At the Mayberry Law Firm, Attorney Jason Mayberry has more than 15 years of hands-on experience handling these complex and high-stakes cases. He understands the impact that being charged with a serious sex offense can have on your life and does everything possible to ensure that your arrest has as little impact on your future as possible. To learn more and to schedule a free consultation with a Tampa criminal defense attorney today, call 813-444-7435. You can also reach us through our online contact form.