What is Commercial Video Voyeurism (image created in violation of § 810.145(4)(b)) in Florida?

The crime of Commercial 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 Commercial 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.

Commercial Video Voyeurism occurs when:

  1. The person intentionally installed, used or permitted the installation of a device that portrays images to secretly watch/broadcast/record the victim, for the person’s own entertainment, amusement, sexual arousal, gratification, for profit or profit on behalf of another.
  2. The victim was recorded at a time when victim was undressing and privately exposing his/her body.  
  3. The recording took place where victim had a reasonable expectation of privacy.
  4. There was no consent or knowledge from victim. 
  5. The person distributed or transferred the image of victim created in this manner to another person to be sold.
  6. At the time, the person distributed the image, the person was 19 years of age or older, or under 19 years of age.

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

Defenses to Commercial Video Voyeurism.  

Some of the defenses to Commercial Video Voyeurism Dissemination are:

  • Person did not act intentionally.
  • There was no expectation of privacy.
  • There was consent.

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 Commercial 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.

Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.

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