Voyeurism is when an individual secretly watches another individual with lewd or lascivious intent in an intimate state. It is typically done out of sexual interest or gratification. Florida Statute 810.14 prohibits people from looking under bathroom stalls, through fences, doors or windows or any location where privacy is expected. It is restricted to areas of the body that are typically covered by clothing.
Penalties of voyeurism
As with most crimes, there are different factors that will determine how steep the punishment will be. Some of these factors include age of the defendant, prior convictions and whether the act was recorded
First offense or defendant 18 and under: For an individual charged with voyeurism for the first time, or if the individual is a minor, the crime is a first-degree misdemeanor. The individual may face up to one year in jail and be fined up to $1,000.
Second offense or defendant 19 and up: For a second conviction of voyeurism, or if the individual is an adult, the crime jumps up to a third-degree felony. The individual may face up to five years in prison and be fined $5,000.
Video voyeurism against a child: This crime against minors is considered a second-degree felony with a Level 6 offense severity ranking. If convicted, the individual may face up to 15 years in prison and be fined up to $10,000. The individual would also be placed on the sex offender registry and would be ineligible to seal their record.
Voyeurism defenses
Because the crime of voyeurism is based on the expectation of privacy, if a person observes a person in a place that they should not have had an expectation of privacy, like a public park or beach, then that could be reason for dismissal.
If a person watches another on a video surveillance system that is not conspicuously placed, that would not be considered voyeurism.
It can also be proven that you did not have lewd or lascivious intent. While you may have accidentally observed an individual in a state of undress, if there was no indecent intent, the charge could be dismissed.
Additional charges
While voyeurism is one crime, the prosecution could add on additional charges, turning one misdemeanor into something far more serious. Often times, stalking, video voyeurism and dissemination of video voyeurism can be tacked on which could lead to very hefty fines and jail time.
Have you been charged with Voyeurism?
If you’ve been charged, you need to speak with an experienced criminal defense attorney as soon as possible. Contact me online or call me at my Miami office directly at 305.707.7345.
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