What is Video Voyeurism in Florida?
The crime of Video Voyeurism committed by a person 19 years old or younger is a First Degree Misdemeanor that is punishable by 1 year in jail and a $1,000 fine. The crime of Video Voyeurism committed by a person 20 years old or older is a Third Degree Felony that is punishable by 5 years in prison and a $5,000 fine.
Video Voyeurism occurs when:
- The person intentionally installed or used a device that portrays images to secretly watch/broadcast/record the victim, or the permitted the use or installation of device for the person’s own entertainment, amusement, sexual arousal, gratification, or profit.
- Person used the imaging device to view the body or undergarments of the victim.
- There was no knowledge or consent from victim.
- At the time of offense, the person was older than 19 years of age, or the person was younger than 19 years of age.
“Broadcast” means electronically transmitting a visual image with the intent that it be viewed by another person.
Some of the defenses to Video Voyeurism are:
- Person did not act intentionally.
- Person was not in a with a reasonable expectation of privacy.
- There was consent.
References:
State v. Stahl: On production of a cell phone.
Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation
If you have been arrested or believe you will soon be arrested for the offense of Video Voyeurism in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.
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