Voyeurism & Video Voyeurism


SHORSTEIN, LASNETSKI, & GIHON
helps people defend against
Voyeurism & Video Voyeurism
allegations.

Voyeurism and video voyeurism involve secretly observing or recording people with a lewd, lascivious or indecent intent while they are in a place where they have a reasonable expectation of privacy.

What is Voyeurism?

Voyeurism is defined in Florida Statute Section 810.14 and Video Voyeurism is defined in Florida Statute 810.145(2)

Voyeurism - Florida Statute Section 810.14

To prove the crime of Voyeurism, the State must prove:
  • You secretly observed the victim, and
  • the act was done with a lewd, lascivious, or indecent intent, and
  • when the victim was observed, he or she was in a dwelling, structure, or conveyance in which he or she has a reasonable expectation of privacy. 

Video Voyeurism - Florida Statute Section 810.145(2)(a) or (b)

To prove the crime of Video Voyeurism, the State must prove:
  • You either:
  • intentionally used or installed an imaging device to secretly view, broadcast, or record the victim for your own amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading or abusing the victim, or
  • intentionally permitted the use or installation of an imaging device to secretly view, broadcast, or record the victim for the amusement, entertainment, sexual arousal, gratification, or profit of another or on behalf of another, and
  • the victim was thereby viewed, broadcast, or recorded at a time when the victim was dressing, undressing, or privately exposing his or her body, and
  • at the place and time when the victim was viewed, broadcast, or recorded, he or she had a reasonable expectation of privacy, and
  • the viewing, broadcast, or recording of the victim was without the knowledge and consent of the victim, and
  • at the time you viewed, broadcast, or recorded the victim, you were
    • 19 years of age or older or
    • under 19 years of age.

Video Voyeurism - Florida Statute Section 810.145(2)(c)

To prove Video Voyeurism under Subsection (c), the State must prove:
  • You intentionally used an imaging device to secretly view, broadcast or record under or through the clothing worn by the victim for the amusement, entertainment, sexual arousal, gratification, or profit of yourself or another, and
  • your use of the imaging device was for the purpose of viewing the body of or the undergarments worn by the victim, and
  • your use of the imaging device was without the knowledge and consent of the victim, and
  • at the time you used the imaging device to secretly view, broadcast, or record the victim, you were either:
    • 19 years of age or older, or
    • under 19 years of age. 

Video Voyeurism Dissemination - Florida Statute Section 810.145(3) - Image created in violation of section 810.145(2)(a) and (b)

To prove the crime of Video Voyeurism Dissemination, the State must prove:
  • You, or some other person, intentionally used or installed an imaging device to secretly view, broadcast, or record the victim for you own amusement, entertainment, sexual arousal, gratification, or profit or for the purpose of degrading or abusing the victim, or
  • you intentionally permitted the use or installation of an imaging device to secretly view, broadcast, or record the victim for the amusement, entertainment, sexual arousal, gratification or profit of another or on behalf of another, and
  • the victim was thereby viewed, broadcast, or recorded at a time when the victim was dressing, undressing or privately exposing his or her body, and
  • at the place and time when the victim was viewed, broadcast, or recorded, he or she had a reasonable expectation of privacy, and
  • you intentionally disseminated, distributed or transferred an image of the victim created in this manner to another person for the purpose of amusement, entertainment, sexual arousal, gratification or profit or for the purpose of degrading or abusing the victim, and
  • at the time you disseminated, distributed, or transferred the image of the victim, you knew or had reason to believe that the image of the victim had been created in this manner, and
  • at the time you disseminated, distributed, or transferred the image of the victim, you were:
    •  19 year of age or older, or
    • under 19 years of age. 

Video Voyeurism Dissemination - Florida Statute Section 810.145(3) - Image created in violation of section 810.145(2)(c)
To prove the crime of Video Voyeurism Dissemination, the State must prove:
  • You, or some other person, intentionally used an imaging device to secretly view, broadcast, or record under or through the clothing worn by the victim for the amusement, entertainment, sexual arousal, gratification, or profit of yourself or another, and
  • your, or some other person's use of the imaging device was for the purpose of viewing the body of or the undergarments worn by the victim, and
  • your or some other person's use of the imaging device was without the knowledge and consent of the victim, and
  • you intentionally disseminated, distributed, or transferred an image of the victim created in this manner to another person for the purpose of amusement, entertainment, sexual arousal, gratification or profit or for the purpose of degrading or abusing the victim, and
  • at the time you disseminated, distributed transferred the image of the victim, you knew or had reason to believe that the image of the victim had been created in this manner, and
  • at the time you disseminated, distributed, or transferred the image of the victim, you were:
    • 19 years of age or older, or
    • under 19 years of age.

Commercial Video Voyeurism -
Florida Statute Section 810.145(4)(a) -
Image created in violation of 810.145(2)(a) or (b)


To prove the crime of Commercial Video Voyeurism, the State must prove:
  • you, or some other person, intentionally used or installed an imaging device to secretly view, broadcast, or record the victim for your own amusement, entertainment, sexual arousal, gratification, or profit or for the purpose of degrading or abusing the victim, or
  • you intentionally permitted the use or installation of an imaging device to secretly view, broadcast, or record the victim for the amusement, entertainment, sexual arousal, gratification or profit of another or on behalf of another, and
  • the victim was thereby viewed, broadcast, or recorded at a time when the victim was dressing, undressing or privately exposing his or her body, and
  • at the place and time when the victim was viewed, broadcast, or recorded, he or she had a reasonable expectation of privacy, and
  • the viewing, broadcast or recording of the victim was without the knowledge and consent of the victim, and
  • you sold an image of the victim created in this manner to another person for consideration, and
  • you knew or had reason to believe that the image of the victim sold had been created in this manner, and
  • at the time you disseminated, distributed, or transferred the image of the victim, you were:
    •  19 year of age or older, or
    • under 19 years of age. 

Commercial Video Voyeurism - Florida Statute Section 810.145(4)(a) Image created in violation of 810.145(2)(c)
To prove the crime of Commercial Video Voyeurism Dissemination, the State must prove:
  • You, or some other person, intentionally used an imaging device to secretly view, broadcast, or record under or through the clothing worn by the victim for the amusement, entertainment, sexual arousal, gratification, or profit of yourself or another, and
  • your, or some other person's use of the imaging device was for the purpose of viewing the body of or the undergarments worn by the victim, and
  • your or some other person's use of the imaging device was without the knowledge and consent of the victim, and
  • you sold an image of the victim created in this manner to another person for consideration, and
  • you knew or had reason to believe that the image of the victim sold  had been created in this manner, and
  • at the time you disseminated, distributed, or transferred the image of the victim, you were:
    • 19 years of age or older, or
    • under 19 years of age.

Video Voyeurism Involving Minors -
Florida Statute Section 810.145(8)

If any of the above listed Video Voyeurism offenses involves a minor, there are enhanced penalties.  The State must prove:
  • at the time, you:
    • viewed, broadcast or recorded the victim, or
    • used an imaging device to secretly view, broadcast, or record the victim, or
    • disseminated, distributed, or transferred the image of the victim, or
    • sold the image of the victim, and
  • you were 18 years of age or older, you were responsible for the welfare of the victim and the victim was younger than 16, or
  • you were 18 years of age or older, you were employed at a private school, school, voluntary prekindergarten education program, and the victim was a student of that school or program, or
  • you were 24 years of age or older and the victim was younger than 16 years of age.

* It is not a defense that you did not know or did not have reason to believe the victim was younger than 16 years of age.


What is a "dwelling?"

A "dwelling" means a building or conveyance of any kind, including any attached porch or attached garage, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over ti and is designed to be occupied by people lodging therein at night, together with the enclosed space of ground and outbuildings immediately surrounding it.  The enclosure need not be continuous and may have an opening for entering and exiting. 

What is a "structure?"

"Structure" means any kind of building, either temporary or permanent, that has a roof over it, together with the enclosed space of ground and outbuildings immediately surrounding it.  The enclosure need not be continuous and may have an opening for entering and exiting. 

What is a "conveyance?"

A "conveyance" is any motor vehicle, ship, vessel, railroad car, trailer, aircraft or sleeping car. 

What does "broadcast" mean?

"Broadcast" means electronically transmitting a visual image with the intent that it be viewed by another person. 

What does "imaging device" mean?

An "imaging device" is any mechanical, digital, or electronic viewing device; still camera; camcorder; motion picture camera; or any other instrument, equipment, or format capable of recording, storing, or transmitting visual images of another person. 

What does "reasonable expectation of privacy" mean?

A "place and time when a person has a reasonable expectation of privacy" means a place and time when a reasonable person would believe that he or she could fully disrobe in privacy, without being concerned that his or her undressing was being viewed, recorded, or broadcasted by another, including but not limited to, the interior of a residential dwelling, bathroom, changing room, fitting room, dressing room, or tanning booth. 

What does "privately exposing the body" mean?

"Privately exposing the body" means exposing a sexual organ.

What are the potential sentences for voyeurism and video voyeurism?

Voyeurism
(First Offense)

Up to 1 year in jail

Voyeurism
(Second or Subsequent Offense)

Up to 5 years in prison

Video Voyeurism
(if you were under 19 years of age)

Up to 1 year in jail

Video Voyeurism
(if you were 19 years of age or older)

Up to 5 years in prison

Video Voyeurism
(if you have a prior Video Voyeurism conviction)


Up to 15 years in prison

Video Voyeurism
(If you were 18 years of age or older and responsible for the victim who was a child under 16)

Up to 15 years in prison

Video Voyeurism
(If you were 18 years of age or older and employed by a school and victim was a student)

Up to 15 years in prison


Video Voyeurism
(If you were 24 years of age or older and the victim was under 16)

Up to 15 years in prison

Video Voyeurism
(Previous conviction for video voyeurism)


Up to 15 years in prison

What are the possible defenses to voyeurism or video voyeurism?

The two most common defenses to voyeurism or video voyeurism are that there was no lewd, lascivious, or indecent intent, or that the victim consented to the voyeurism.  Every case is different and as you can tell by the number of different provisions relating to different acts, there are different defenses for separate allegations.  Give us a call to discuss your particular voyeurism case and what we can do for you.

If you or a loved one has been arrested for or accused of
Voyeurism or Video Voyeurism,

Call Shorstein, Lasnetski & Gihon Now!

904-642-3332 (Jacksonville)
 
or

407-228-2019 (Orlando). 

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