Voyeurism in Florida

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

Definition of Voyeurism

Under Florida Statute 810.14, the crime of Voyeurism is committed when a person, with lewd, lascivious, or indecent intent, secretly observes:

  • another person in a private dwelling, structure, or conveyance and such location provides a reasonable expectation of privacy; or
  • another person's intimate areas that are covered in a manner exhibiting a reasonable expectation of privacy.

Intimate Area

The term “intimate area” is defined as the portion of a person’s body or undergarments that is covered by clothing and intended to be protected from public view.

Penalties for Voyeurism

A first offense of Voyeurism is a First Degree Misdemeanor. If convicted of a first offense of Voyeurism, 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.

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

Voyeurism with Prior Convictions

A person with two or more prior Voyeurism convictions is guilty of Voyeurism with Prior Convictions upon a third conviction.

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

If convicted of Voyeurism with a Prior Conviction, 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.

Defenses to Voyeurism

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

No Expectation of Privacy

It is lawful to observe 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.

Security Surveillance Systems

It is lawful to indirectly observe 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 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