In the age of electronics, we are all familiar with video recording. Most cell phones can take photos and record videos with ease. This becomes an issue when someone is being recorded at a time where they may reasonably expect privacy. When is it okay to video record someone in public? When is it okay to video record someone in private? Video recording becomes a crime when it is done secretly, without the consent of the person being recorded, and in a way that is lewd and lascivious.
If you have been charged with a crime relating to video voyeurism, it's important that you contact an experienced Tampa voyeurism attorney at Pallegar Law, P.A. as soon as you can. Video voyeurism can be a serious charge, and may be classified as a sex crime. A conviction may result in fines, jail time, sex offender registration, and the creation of a permanent criminal record.What is Video Voyeurism in Florida?
The state of Florida defines video voyeurism as occurring when a person uses or installs a device capable of recording or photographing to secretly view or record someone without their consent, at a time where they may reasonably expect privacy (i.e. in a state of undress, nudity in a private place). Video voyeurism also includes recording someone through or under their clothing (i.e. a video camera aimed under a skirt or dress).
In order to be convicted for this crime, three elements must be proven. It must be proven that the defendant secretly watched or recorded the victim, and did so with lewd and lascivious intent, when the victim was in a place where they had a reasonable expectation of privacy (i.e. a home or other dwelling).Penalties for Video Voyeurism
Video voyeurism charges may be classified as misdemeanors or felonies, depending on the age of the defendant and the victim. Video voyeurism by a person under the age of 19 is a first-degree misdemeanor, punishable by one year in jail, one year of probation, and fines of up to $1,000. Video voyeurism by a person over the age of 19 is a third-degree felony, punishable by up to five years in prison, five years of probation, and fines of up to $5,000. If you have a prior video voyeurism conviction, the charge is upgraded to a second-degree felony, punishable by fifteen years in prison, fifteen years of probation, and fines of up to $10,000. Video voyeurism against a child is also a second-degree felony, and if convicted, the defendant must be registered as a sex offender.
Because of the nature of voyeurism charges, they are ineligible for sealing or expungement. Even if you received a withhold of adjudication, you will not be able to seal your record of the charge. If you have been charged, or think you may be charged with a crime relating to voyeurism, contact a skilled Tampa voyeurism attorney at Pallegar Law, P.A. The sooner you call, the sooner we can get to work fighting the charges and defending your rights.Call Pallegar Law, P.A. Today
If you or someone you know has been charged with video voyeurism, call an aggressive Tampa voyeurism attorney at Pallegar Law, P.A. today. Call 813-444-3912 for your free consultation.