Each week the news covers stories concerning individuals arrested and charged with video voyeurism of an occupied dwelling. In the state of Florida, an act of video voyeurism is against the law. Our firm covers the legal definitions and descriptions regarding video voyeurism and criminal charges in this article, according to Florida criminal laws.
In Florida, there are three different types of "video voyeurism" crimes.
- Video voyeurism
- Video voyeurism Dissemination
- Commercial video voyeurism
How does the state of Florida define video voyeurism?
According to Florida Statute Section 810.145 – video voyeurism is a criminal act that occurs when an individual, for his or her entertainment, amusement, sexual-harassment, gratification, profit, or to abuse or degrade another person, intentionally uses or installs an imaging device to if you secretly, broadcast, or record of a person, without that persin's consent or knowledge, wow that person is privately exposing their body, on dressing, dressing, at a time and in a place when that person has a reasonable expectation of privacy.
Under Florida Statute Section 810.145(2)(b), It is against the law to commit the aforementioned actions on behalf of another person, for the profit of another person, or to willfully intentionally permit another person to use or install an imaging device to record secretly, broadcast, or view another individual without that individual's knowledge and consent, while that individual is dressing, undressing, or privately exposing the body, at a time and in a place when that person has a reasonable expectation of privacy.
According to Florida Statute Section 810.145(2)(c), it is against the law for an individual, for the gratification, sexual arousal, amusement, entertainment, or prophet of oneself or another, or on behalf of another or oneself, to deliberately use an imaging device to secretly view, broadcast, or record through or underneath the clothing worn by another individual, without that individual's knowledge and consent to view the body of that individual or to view that individual's undergarments.
What are the punishments for video voyeurism in Fort Myers, Florida?
In Florida, there are many different criminal offenses involving video voyeurism, and each criminal offense carries separate Punishments in Penalties that very upon the facts and circumstances surrounding the "alleged" criminal offense. In Florida, video voyeurism criminal charges range from a misdemeanor in the first degree to a second-degree felony. The difference between a misdemeanor criminal offense and a felony criminal offense is the severity of the punishments. For example, a misdemeanor is typically punished with up to one year in jail. In contrast, a felony conviction will result in a prison sentence of several years. The severity of a video voyeurism criminal charge will depend on several factors, such as the age of the alleged perpetrator. In Florida, if the defendant is 19 years of age or younger, the defendant is usually charged with a misdemeanor offense. However, if the offender is over the age of 19, the alleged offender could be charged with a third-degree felony for a first offense. Repeat offenders are typically charged with a second-degree felony in the state of Florida. In addition, if the accused has been charged with making video recordings of children while under their care, the criminal charges will be upgraded. The following are the punishments for the various levels of criminal offenses involving video voyeurism in the state of Florida.
First-degree misdemeanors – a first-degree misdemeanor is punished with up to one year in jail, probation, and a monetary fine of up to $1000
Third-degree felonies - a third-degree felony is punished with up to five years in prison and a fine of up to $5000.
Second-degree felonies – a felony in the second degree is punished with up to 15 years in prison, a fine of up to $10,000, and up to 15 years of probation.
Defenses Against a video voyeurism criminal charge in Fort Myers, Florida
One of the most important and effective criminal defense strategies is in the hands of the accused. When law enforcement officers are questioning an individual, it's essential that the individual being questioned is respectful and respectfully declines to answer questions without having an experienced criminal defense attorney present with them during questioning by law enforcement. It is advisable to be respectful and to answer questions regarding your name, where you live, and your date of birth. However, it is an absolute necessity that you exercise your right to have an attorney present with you during any formal or informal police interview. Law enforcement detectives will often try to dissuade an individual from exercising their right to legal counsel during questioning. This is because those investigators are trained to elicit and persuade individuals into making statements or confessions that may or may not be true. In some cases, the law-enforcement agents questioning an individual will use techniques to confuse the individual being questioned to make that individual feel as if they are guilty or I've already confessed or appeared guilty. There are no benefits or advantages to answering questions without having an attorney present. In fact, there are countless numbers cases where innocent people were arrested solely based upon the information that they provided to please. When you were being interviewed and questioned by law enforcement, you will be nervous. You will make errors. Your best option is to politely ask to have an attorney present with you during all interviews and questioning regarding a criminal offense or investigation. Having an attorney with you is perhaps the most effective defense strategy in any criminal case.
Defending against a Fort Myers video voyeurism charge necessitates understanding the facts and circumstances centered around how the offense was allegedly committed. For example, if the accused has been charged with video voyeurism and the facts of the case concern a video camera discovered inside a business bathroom, the defense strategy could include challenging the ownership of the video device. If you, a loved one, or a friend I have been accused of video voyeurism, call Musca Law 239-932-3551 or visit us at our local office located at 2200 Dr Martin Luther King Jr Blvd Suite A, Fort Myers, FL 33901.
2200 Dr Martin Luther King Jr Blvd Suite A
Fort Myers, FL 33901
Hours: Open 24/7