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 a person:
- 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.
- Victim was watched/broadcast/recorded when victim was changing clothes or privately exposing his/her body.
- At the time, victim was located at a place where he/she had a reasonable expectation of privacy.
- 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:
- 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.
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