Video voyeurism is the act of secretly recording someone in an intimate state, typically for purposes of sexual interest or gratification. Occasionally, people will also be charged with video voyeurism if they record for the purposes of amusement, entertainment, gratification, or profit, which doesn’t necessarily require a sexual interest.
Penalties for Video Voyeurism
Video voyeurism is separated into four categories: video voyeurism committed by offenders under 19 years of age, video voyeurism committed by offenders over the age of 19, video voyeurism with a prior conviction, and video voyeurism against a child.
Penalties for People Under the Age of 19
For those under the age of 19, the charge will be considered a 1st-degree misdemeanor. If convicted, the judge could sentence you to any combination of the following:
- Up to 12 months of probation
- Up to 12 months in jail
- Up to $1,000 in fines
Penalties for People Over the Age of 19
For those over the age of 19, the charge becomes a 3rd-degree felony and is assigned as a Level 1 offense severity ranking under Florida’s Criminal Punishment Code. If convicted, the judge could sentence you with a combination of any of the following:
- Up to 5 years of probation
- Up to 5 years in prison
- Up to $5,000 in fines
Video Voyeurism with a Prior Conviction
If you have been convicted of a crime before, particularly a previous voyeurism charge, you will be facing more severe penalties. This charge would be considered a 2nd-degree felony and is assigned a Level 4 offense severity ranking under the Florida Criminal Punishment Code. If convicted, you could face some combination of the following:
- Up to 15 years of probation
- Up to 15 years in prison
- Up to $10,000 in fines
Crimes against children are punished seriously in the state of Florida. Video voyeurism committed against a child is a 2nd-degree felony and is assigned a Level 6 offense severity ranking. If convicted of this crime, a judge is required to designate you a sex offender and can also sentence you to a combination of one of the following:
- Up to 15 years of probation
- Up to 15 years in prison
- Up to $10,000 in fines
If you are designated as a sex offender, you must register with the state and continually check in with law enforcement periodically for the rest of your life. It is a lifetime sentencing, often associated with difficulty finding residency and severe social stigma.
Defenses to Video Voyeurism
A good Florida sex crimes attorney might use either of two pretrial or trial defenses, including the argument of no expectation of privacy and the grounds for the use of surveillance systems.
No Expectation of Privacy
People can lawfully record others in a state of undress if the people undressing have no reasonable expectation of privacy. For example, some beaches allow people to walk around topless. If another person records or takes photos of a topless beachgoer, the picture taker cannot easily be accused of video voyeurism. However, in some places, it may be illegal to distribute the recordings of the topless person without their consent.
Security Surveillance
It isn’t illegal to record someone using a security or video surveillance system if they are notified of the system by means of a conspicuous sign posted on the premises. The sign must indicate a video monitoring system has been installed. If the camera is mounted in a way that its presence is immediately noticeable, you may not even need a sign stating it is present. However, it is illegal for a merchant or store owner to directly observe or record customers without their permission in a dressing room or restroom because those are locations in which people have a reasonable expectation of privacy.