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Voyeurism Offenses in Florida

Voyeurism involves an act of secretly watching another individual in an intimate state, typically for the purpose of sexual gratification or sexual interest. In the event that you are facing voyeurism charges pursuant to Florida Statutes Section 810.14, it is imperative that you contact a seasoned Florida voyeurism defense attorney at Musca Law today. This crime may include taking a video in a dressing room without the awareness of the individual who is removing his or her clothes therein. For example, charges have been brought against a person who took photographs of a woman by placing a video camera in a manner that allows the offender to look up her skirt.

Although sometimes the person making the accusation and the person accused do not know each other, many of these types of crimes occur when an ex-spouse or former lover exacts revenge on the victim, also known as “revenge” porn. In some instances, the videos are posted online along with the victim’s name in order to harass and embarrass him or her.

Charges for voyeurism and video voyeurism are seriously punished in Florida. Specifically, law enforcement and prosecutors undergo training as to how to investigate and prosecute this offense.

Voyeurism Defined in Florida

Under Section 810.04 of the Florida Statutes, a person commits the offense of voyeurism when he or she, with lewd, lascivious, or indecent intent:

  • Secretly observes another person when the other person is located in a dwelling, structure, or conveyance and such location provides a reasonable expectation of privacy.
     
  • Secretly observes another person’s intimate areas in which the person has a reasonable expectation of privacy, when the other person is located in a public or private dwelling, structure, or conveyance.

Punishment for Voyeurism in Florida

An individual who commits the crime of voyeurism for the first time will face a misdemeanor in the first degree conviction. A first-degree misdemeanor carries with it a jail term of up to one year, a one year probation period, and a $1,000 monetary fine. For two or more convictions for voyeurism, the individual will be deemed to have committed a felony in the third degree. A third-degree felony conviction is associated with a jail term of up to five years, five years of probation, and a $5,000 monetary fine.

Video Voyeurism in Florida

Section 810.145 of the Florida Statutes provides that a person is guilty of video voyeurism if:

  • For his or her own amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading or abusing another person, intentionally uses or installs an imaging device to secretly view, broadcast, or record a person, without that person’s knowledge and consent, who is dressing, undressing, or privately exposing the body, at a place and time when that person has a reasonable expectation of privacy;
     
  • For the amusement, entertainment, sexual arousal, gratification, or profit of another, or on behalf of another, intentionally permits the use or installation of an imaging device to secretly view, broadcast, or record a person, without that person’s knowledge and consent, who is dressing, undressing, or privately exposing the body, at a place and time when that person has a reasonable expectation of privacy; or
     
  • For the amusement, entertainment, sexual arousal, gratification, or profit of oneself or another, or on behalf of oneself or another, intentionally uses an imaging device to secretly view, broadcast, or record under or through the clothing being worn by another person, without that person’s knowledge and consent, for the purpose of viewing the body of, or the undergarments worn by, that person.

Punishment for Video Voyeurism in Florida

If a person commits the crime of video voyeurism for the first time, he or she will be charged with a first-degree misdemeanor (which, as noted above, carries with it a punishment of up to one year in prison, one year of probation, and a $1,000 monetary fine). For a second or subsequent violation, the accused will be charged with a third-degree felony (which, as noted above, carries with it a maximum five-year prison term, five years of probation, and a $5,000 monetary fine).

Under Florida Statutes Section 810.145(8)(a), it is a third-degree felony when an individual is:

  • Eighteen years of age or older who is responsible for the welfare of a child younger than 16 years of age, regardless of whether the person knows or has reason to know the age of the child, and who commits an offense under this section against that child;
     
  • Eighteen years of age or older who is employed at a private school or a voluntary prekindergarten education program and who commits an offense under this section against a student of the private school, school, or voluntary prekindergarten education program; or
     
  • Twenty-four years of age or older who commits an offense under this section against a child younger than 16 years of age, regardless of whether the person knows or has reason to know the age of the child.

Voyeurism Defenses in Florida

In addition to the pretrial and trial defenses that a defense attorney can raise in any criminal matter, the specific defenses to the offense of voyeurism are as follows:

There was no expectation of privacy – it is not illegal for a person to observe another person in a state of undress where the individual did not have an expectation of privacy, such as on a public beach.

Video surveillance systems – it is not unlawful to watch another person on a video surveillance system if notice of the system is placed conspicuously on the premises where it is immediately obvious to patrons.

Contact an Experienced Attorney Today

If you’re being accused of voyeurism or video voyeurism, make sure you talk to an experienced criminal defense attorney. Our lawyers here at Musca Law have more than 150 years of combined experience to offer your case. Serious charges of voyeurism or video voyeurism can lead to severe consequences, particularly if children are involved. Hiring an aggressive criminal defense lawyer is your best course of action if you find yourself facing these charges. The attorneys here at Musca Law have defended individuals accused of crimes throughout Florida. Our philosophy includes providing an aggressive criminal defense that uses attention to detail, exploitation of the weakness of the prosecution’s case, and focus on the strengths of your case to prove your innocence. We also provide a high level of personal service, which involves keeping you updated about the status of your case. Let us see what we can do for you.

Contact us at (888) 484-5057 or fill out our online form to schedule a free case consultation today.

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