Video Voyeurism in Florida

Video Voyeurism refers to the act of secretly recording someone in an intimate state, usually out of sexual interest or for sexual gratification.

Video Voyeurism is distinguishable from Voyeurism in that Video Voyeurism can only be committed with the aid of an imaging device.

Definition of Video Voyeurism

Under Florida Statute 810.145(2), the crime of Video Voyeurism is committed when a person motivated by amusement, entertainment, sexual arousal, gratification, or profit intentionally uses an imaging device without permission to secretly view:

  • Another person dressing, undressing, or privately exposing their body; or
  • Under or through another person's clothing, for the purpose of viewing the other person's body or undergarments.

Video Voyeurism Against a Child

A person convicted of Video Voyeurism Against a Child is subject to increased penalties and mandatory sex offender designation under the following circumstances:

  1. If the child was under the age of 16 and the offender was 24 years of age or older;
  2. If the child was under the age of 16 and the offender was over 18 and responsible for the child's welfare; or
  3. If the child was enrolled as a student at a school and the offender was over 18 and employed by the school.

Penalties for Video Voyeurism

The penalties for the crime of Video Voyeurism increase if the offender was over 19 at the time of the offense or if the offender has a prior conviction for Video Voyeurism.

Additionally, unlike many crimes, a person convicted of Video Voyeurism will have a permanent criminal record and is ineligible to ever have their related criminal records sealed or expunged.

Video Voyeurism by a Person Under 19

Video Voyeurism by a Person Under 19 is a First Degree Misdemeanor. If convicted of Video Voyeurism by a Person Under 19, a judge can impose any combination of the following penalties:

  • Up to twelve (12) months in jail.
  • Up to twelve (12) months of probation.
  • Up to $1,000 in fines.

Video Voyeurism by a Person Over 19

Video Voyeurism by a Person Over 19 is a Third Degree Felony and assigned a Level 1 offense severity ranking under Florida's Criminal Punishment Code.

If convicted of Video Voyeurism by a Person Over 19, a judge can impose any combination of the following penalties:

  • Up to five (5) years in prison;
  • Up to five (5) years of probation; or
  • Up to $5,000 in fines.

Video Voyeurism with a Prior Conviction

Video Voyeurism with a Prior Conviction is a Second Degree Felony and assigned a Level 4 offense severity ranking under Florida's Criminal Punishment Code.

If convicted of Video Voyeurism with a Prior Conviction, a judge can impose any combination of the following penalties:

  • Up to fifteen (15) years in prison;
  • Up to fifteen (15) years of probation; or
  • Up to $10,000 in fines.

Video Voyeurism Against a Child

Video Voyeurism Against a Child is a Second Degree Felony and assigned a Level 6 offense severity ranking under Florida's Criminal Punishment Code.

If convicted of Video Voyeurism Against a Child, a judge is required to designate the person as a sex offender and can also impose any combination of the following penalties:

  • Up to fifteen (15) years in prison;
  • Up to fifteen (15) years of probation; or
  • Up to $10,000 in fines.

Defenses to Video Voyeurism

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Video Voyeurism are:

No Expectation of Privacy

It is lawful to record someone in a state of undress when that person does not have a reasonable expectation of privacy, such as when a person is topless on a public beach. However, it may be unlawful to disseminate the recordings of someone topless at a beach without their permission.

Security Surveillance Systems

It is lawful to indirectly record another person using a security or video surveillance system if notice of the system is conspicuously posted on the premises stating that a video surveillance system has been installed or if the video surveillance system is installed in such a manner that its presence is immediately obvious.

However, it is unlawful for a merchant to directly observe or record customers without their permission in a dressing room or restroom stall that is intended to afford a customer privacy. [1]

Contact Criminal Defense Attorney Richard Hornsby

If you have been arrested or charged with the crime of Video Voyeurism in Central Florida or the Greater Orlando area, contact Criminal Defense Lawyer Richard Hornsby today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

References

  1. Section 877.26, Florida Statutes