Voyeurism

man peaking out window

Voyeurism is the act of viewing or recording an individual for sexual purposes. The individuals who commit this crime are colloquially recognized as “peeping Toms.” Prosecutors often face an uphill battle in getting voyeurism charges to stick when they lack the tangible evidence needed for a conviction. Alleged victims also often mistakenly or falsely accuse others of this crime resulting in a case dismissal.

The Orlando voyeurism lawyers at The Umansky Law Firm can provide stout criminal defense to all presented charges. Our team has over 100 years of combined criminal defense experience and continue to apply our legal knowledge to the benefit of those in the Greater Central Florida area. Discover how we can help lessen charges or even get them dropped altogether.

Understanding All Facets of Voyeurism

One can commit the act of voyeurism in one of two ways: in person and via video. An individual using binoculars to peer in on a neighbor undressing and a motel owner having cameras in the showers are both instances where voyeurism charges may be applied.

The only factors needed for voyeurism to be a relevant charge is for one to have committed the act for sexual gratification or interests.

Video voyeurism has become the more common charge in the digital age with the ever-growing availability of discreet recording devices. The only difference from traditional voyeurism is the presence of an imaging device. In both instances, it is illegal to:

  • Record/look underneath or through an individual’s clothing to view his or her undergarments or body
  • Record/watch a person dress, undress, or expose their body in any way

Anyone who commits voyeurism faces severe criminal penalties.

Florida Penalties for Voyeurism

The penalty structure for video voyeurism in Florida is unlike that of many other states. Depending on your age, criminal history, and the age of the victim, one may face anywhere from 12 months in jail to 15 years in prison.

Video Voyeurism When Under 19

Under Florida Statute 810.145(6)(a), when the person who commits the crime is under 19 years of age, it is a first-degree misdemeanor punishable by:

  • Up to 12 months in jail
  • Up to 12 months on probation
  • Up to $1,000 in fines

Video Voyeurism When Over 19

Under Florida Statute 810.145(6)(b), when the person who commits the crime is over 19 years of age, it is a third-degree felony punishable by:

  • Up to 5 years in prison
  • Up to 5 years on probation
  • Up to $5,000 in fines

Video Voyeurism Against a Child

Under Florida Statute 810.145(8)(a), if the person commits the crime against a child, it is a second-degree felony, and the judge must designate the individual a sex offender. This requires the individual to register as a sex offender with the state. The crime is also punishable by:

  • Up to 15 years in prison
  • Up to 15 years on probation
  • Up to $10,000 in fines

Video Voyeurism with a Prior Conviction

Under Florida Statute 810.145(7), if the person who commits the crime has a prior voyeurism conviction, it is a second-degree felony punishable by:

  • Up to 15 years in prison
  • Up to 15 years on probation
  • Up to $10,000 in fines

Criminal Defense for Voyeurism Charges

All convictions for voyeurism rely on the prosecution’s ability to prove four factors beyond a reasonable doubt:

  • The circumstances and facts of the surveillance
  • The defendant’s knowledge of the commision of the act
  • The alleged victim’s lack of consent or knowledge
  • The sexual intent of the defendant

Failing to prove even one of the aforementioned incriminating factors will result in the inability to apply the voyeurism charge.

The Orlando voyeurism lawyers at The Umansky Law Firm can fight relentlessly against all presented charges. Contact us today at 407-228-3838 for a free case evaluation and to discover your legal options.