Everyone is entitled to their own privacy when undressing, using the bathroom, or engaging in sexual activity, and there are laws set in place to protect such privacy. With the constant growth of new technology in our society, invasion of privacy laws have also extended to cover such infringement of privacy through the use of recording devices. Failure to adhere to such laws can have very serious consequences in the State of Florida. If you have been charged with voyeurism, it is important that you seek an attorney to represent you. At Stout Defense, P.A., Adam Stout can provide you with experienced representation as a Gainesville voyeurism defense attorney.
What Is Voyeurism?
Under Section 810.14 of the Florida Statutes, Florida law defines “voyeurism” as the secret observation of a person and/or their intimate areas with lewd, lascivious, or indecent intent when that person has a reasonable expectation of privacy in the dwelling, structure, or conveyance in which they are located. This means that a person is spying on another person for sexual gratification when they are engaging in activities considered private in an area with expectation of privacy. These areas could include the person’s own private home, a dressing room, a locker room, a bathroom, or any other place where the victim both subjectively and objectively had reason to believe it was private. The victim does not know that he/she is being watched and has not consented to such actions. Voyeurism can also include video recordings and photography.
It’s important to contact a lawyer for voyeurism who can defend against your charges and protect your rights during this process.
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Types of Voyeurism
Section 810.145 of the Florida Statutes includes three other charges of voyeurism: video voyeurism, video voyeurism dissemination, and commercial video voyeurism.
- Video Voyeurism: A person commits the offense of video voyeurism by intentionally using or installing, or intentionally permitting the installation or use, of an imaging device to secretly view, record or broadcast a person, who is neither aware nor has given consent, while he/she is undressing, dressing, or privately exposing the body. This is done by the voyeur for his/her own amusement, sexual arousal, profit, or for the purpose of degrading the victim while the victim is in a place with reasonable expectation of privacy. The charge also includes intentionally using an imaging device to secretly view, broadcast, or record under or through the clothing being worn by another person for the purpose of viewing his/her body or the undergarments worn.
- Video Voyeurism Dissemination: Video voyeurism dissemination involves knowing that an image or video was created through the definition of video voyeurism and intentionally distributing, disseminating, or transferring the image for the purpose of amusement, entertainment, sexual arousal, gratification, profit, or to degrade the victim.
- Commercial Video Voyeurism: In commercial video voyeurism, a person commits the offense if he/she created or knows that an image was created through the definition of video voyeurism and sells the image or transfers it to someone else so that they may sell the image to others.
In Florida, a first offense of voyeurism is considered a first degree misdemeanor and/or up to a $1,000 fine. The penalties could include up to 12 months in jail, 12 months probation, and/or up to a $5,000. Voyeurism with prior convictions is classified as a third degree felony and carries up to five years in prison, up to five years of probation, and up to $5,000 in fines.
Video voyeurism committed by a person under 19 years of age is classified as a first degree misdemeanor while the crime committed by a person over 19 is a third degree felony. Video voyeurism with a prior conviction is a second degree felony and can face up to 15 years in prison, 15 years probation, and/or a fine as high as $10,000. Video voyeurism against a child is also considered a second degree felony with the same possible penalties.
In addition to the penalties stated above, the offender may be required to register as a sex offender and face possible lawsuits for invading the victim’s privacy or harming his/her reputation.
Sex Crimes Defense Lawyer in Gainesville, FL
Due to the severity of the consequences a voyeur faces, it is imperative to seek an attorney if you have been charged with voyeurism or video voyeurism. An experienced attorney can fight to help protect your future. Contact Stout Defense, P.A., today for a Gainesville, FL, sex crimes defense attorney.