Voyeurism Explained by Tampa Criminal Defense Attorney
Florida law defines various types of "voyeurism" under Section 810.14 of the Florida Statute and includes penalties and punishments for video voyeurism, video voyeurism dissemination after an image is created, and video voyeurism for a commercial purpose. The term voyeurism includes someone using a hidden camera in a bathroom or dressing room. The term also covered behavior commonly associated with a "peeping tom." Because of the impulsive nature of the offense, juveniles between the age of 14 and 17 are often charged with voyeurism.
Because voyeurism is considered a "sexually motivated" crime, even the mere allegation can have serious collaterial consequences. Talk with an experienced attorney to find out what you need to do now to protect yourself from the allegation. Learn more about important defenses that might apply to your case.
Contact an attorney at the Sammis Law Firm to discuss defenses to this serious criminal offense or voyeurism or video voyeurism. We focus exclusively on criminal defense. Our offices are located in Tampa, FL. Call us to discuss your case today for Hillsborough County, or any of the surrounding areas including St. Petersburg or Clearwater in Pinellas County, Bartow or Lakeland in Polk County, New Port Richey or Dade City in Pasco Ccunty. Brooksville in Hernando County, and Bradenton in Manatee County.
Types of Voyeurism under Florida Law
Florida provides for various voyeurism crimes under Florida Statute Section 810.14, including:
- Video Voyeurism § 810.145(2)(a) or (b), Fla.Stat.;
- Video Voyeurism § 810.145(2)(c), Fla.Stat.;
- Video Voyeurism Dissemination (Image Created in Violation of section 810.145(2)(a) and (b)) § 810.145(3), Fla.Stat.;
- Video Voyeurism Dissemination (Image Created in Violation of section 810.145(2)(c)) § 810.145(3), Fla.Stat.;
- Commercial Video Voyeurism (Image Created in Violation of section 810.145(2)(a) and (b)) § 810.145(4)(a), Fla.Stat.;
- Commercial Video Voyeurism (Image Created in Violation of section 810.145(2)(c)) § 810.145(4)(a), Fla.Stat.; and
- Commercial Video Voyeurism (Image Created in Violation of section 810.145(4)(b)) § 810.145(4)(b), Fla.Stat.
Jury Instructions for Voyeurism under Florida Law
The Florida Supreme Court has approved certain standard jury instructions for the crime of voyeurism under Florida Statute Section 810.14. The jury instructions for voyeurism were adopted in 2000 and amended on July 29, 2008.
Reading the jury instructions is a great way for a lay person to gain a basic understanding of the elements of the offense. Of course, numerous defenses may apply in a particular case. Additionally, your criminal defense attorney can request special jury instructions that address the particular facts and circumstances of the case.
To prove the crime of voyeurism, the prosecutor with the State Attorney's Office must prove the following three elements beyond a reasonable doubt:
- (Defendant) secretly [observed] the (victim);
- The (act alleged) was done with an indecent, lascivious, or lewd intent.
- When the alleged victim was was observed he or she was in a conveyance, structure or dwelling in which he or she had a reasonable expectation of privacy.
Floriida law defines the words "indecent, lascivious or lewd" to mean an intent on the person doing the act that is:
- licentious;
- unchaste;
- wicked;
- lustful; or
- sensual.
Definitions under Florida's Voyeurism Statute
The definition of “structure” for purposes of the voyeurism statute usually means any kind of building, either temporary or permanent, that has a roof over it, together with the enclosed space of ground and outbuildings immediately surrounding it.
The definition of “conveyance” for purposes of the voyeurism statute usually means any motor vehicle, ship, vessel, railroad car, trailer, aircraft or sleeping car.
The definition of “dwelling” for purposes of the voyeurism statute usually means a building [or conveyance] of any kind, including any attached porch, whether such building [or conveyance] is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the enclosed space of ground and outbuildings immediately surrounding it.
Finding an Attorney to Fight Voyeurism Charges in Florida
If you were charged under Florida law with the offense of voyeurism then contact an experienced criminal defense attorney for sexually motivated crimes at the Sammis Law Firm. Any allegation of a sexually motivated offense requires experienced and aggressively representation to fight for the best results.
We fight to protect our clients charged with voyeurism in Tampa for Hillsborough County, FL, and the surrounding areas of Pinellas County for St. Petersburg and Clearwater, Polk County for Bartow and Lakeland, Pasco County for New Port Richey and Dade City, Hernando County for Brooksville, and Manatee County for Bradenton, FL.