What is Commercial Video Voyeurism (image created in violation of § 810.145(2)(c)) in Florida?

Video camera used in a crime.

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.

This crime occurs when:

  1. The person intentionally installed or used 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 imaging device was used for the purpose of viewing undergarments or body of the victim. 
  3. There was no knowledge or consent from victim.
  4. The person sold an image created in this manner of victim to another person for consideration.
  5. 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.
  6. 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.

Some of the defenses to Commercial Video Voyeurism Dissemination are:

  • Person did not act intentionally.
  • There was no consideration. 
  • 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)(c)) 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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