What is Commercial Video Voyeurism (image created in violation of § 810.145(2)(a) and (b)) in Florida?
The crime of Commercial Video Voyeurism Dissemination 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 Dissemination 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 Dissemination 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, for profit or on behalf of another, or for the purpose of degrading or abusing the victim.
- The victim was watched/broadcast/recorded during a time when victim was undressing or privately exposing his/her body.
- The victim had a reasonable expectation of privacy.
- There was no knowledge or consent from victim.
- The person sold an image created in this manner of victim to another person for consideration.
- At the time, the person sold the image of victim, the person knew or had reason to know that the images had been created in this manner.
- At the time, the person sold the images, 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.
“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 their 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.
Some of the defenses to Commercial Video Voyeurism Dissemination are:
- Person did not act intentionally.
- Person was not in a with a reasonable 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 (image created in violation of § 810.145(2)(a) and (b)) 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.