Under Florida law, voyeurism is considered a type of sexually motivated crime. Due to the “peeping Tom” nature of the offense, many individuals charged with this offense are juveniles under the age of eighteen (18). Charges against adults for voyeurism and video voyeurism are also common.
Prior to the creation of s. 810.14, F.S., in 1998, Florida law did not have a specific crime for “Peeping Tom” types of voyeuristic acts. Instead, the offender was often charged with related crimes committed in the process of the voyeuristic act including trespass, loitering, prowling, or disorderly conduct.
Under Florida Statute Section 810.14, the crime of voyeurism is charged as a first-degree misdemeanor for a first offense or a third-degree felony for a second or subsequent conviction. Crimes for video voyeurism in Florida are charged under Florida Statute 810.145. Those related crimes often involve taking “up-skirt” photos or videos in a public place.
Whether you or a minor under your guardianship was charged with this offense, the penalties for sexually motivated crimes can be harsh. In order to avoid the damaging consequences associated with a sex crime conviction, you will need an attorney to work with you for the most positive outcome.
Voyeurism Attorney in Gainesville, Florida
At Galigani Law Firm, our criminal defense attorneys have years of experience defending clients against some of the most damaging offenses including sex crimes and violent offenses. The attorneys at Galigani Law Firm are prepared to work tirelessly on your behalf to help you achieve the best outcome.
If you or someone you know was arrested and charged with a misdemeanor or felony for voyeurism or video voyeurism in Gainesville, Florida then call Galigani Law Firm.
Call (352) 375-0812 for a no-obligation consultation with one of our experienced criminal defense attorneys. This firm accepts clients living in Gainesville and throughout Alachua County. We also represent clients in the surrounding counties including Bradford County, Union County, Columbia County, Putnam County, Levy County, Gilchrist County, and Marion County.
Our offices are located in Alachua County, FL, just six (6) minutes from the University of Florida’s Gainesville campus.
Voyeurism Defined under Florida Statute
Florida Statute 810.14 states that an individual commits voyeurism when he or she does the following with lascivious, indecent, or lewd intent:
- Secretly observes another person when the other person is in a structure, dwelling, or conveyance which provides a reasonable expectation of privacy;
- Secretly observes another individual’s intimate areas where the individual has a reasonable privacy expectation, when the other person is in a private or public dwelling, conveyance, or structure.
This statute defines “intimate area” as any part of a person’s body or undergarments that are covered by clothes and intended to be kept private from public view.
In order for a prosecutor to prove that an individual has committed voyeurism, he or she must prove the following elements beyond a reasonable doubt:
- The act in question was committed with lascivious, lewd, or indecent intent;
- The defendant was secretly observing the victim; and
- When the victim was observed, he or she was in a dwelling, structure, or conveyance where he or she has a reasonable expectation of privacy.
Penalties for Voyeurism in Florida
A violation of Florida Statute Section 810.14 for voyeurism can be charged as a misdemeanor in the first degree which is punishable by up to 12 months in the county jail and a $500 fine.
If a person has previously been convicted of this crime or adjudicated delinquent in juvenile court, then a second offense can be charged as a third-degree felony which is punishable by up to five years in Florida State Prison and a $5,000 fine.
Additional Resources
Proving Voyeurism in Florida– Visit the Florida Supreme Court Website of the Florida Supreme Court to find more information on jury instructions for voyeurism charges. This website provides up to date jury instructions for various criminal offenses including voyeurism and other sex offenses. Also, find information on related charges including sexual battery, lewd and lascivious acts, and related offenses.
Voyeurism under Florida Statute §810.14– visit the Online Sunshine website of the Florida State Legislature for more information on voyeurism under Florida law. This website lists statutes and other references on criminal and civil crimes. Also, find penalties for this offense and related offenses.
Find an Attorney for Voyeurism Charges in Alachua County, Florida
Sexually motivated crimes carry more of a stigma than a non-sexually motivated crime. Employment opportunities may be harder to find. Finding acceptable places to live may become increasingly difficult. Having this type of conviction on your record could completely change your life.
If you were charged with voyeurism or a similar sex crime, call Galigani Law Firm today. Call (352) 375-0812 to speak with a criminal defense attorney in Gainesville, FL, who can help you sort through your options.
Our attorneys fight voyeurism charged throughout Alachua County, FL, and the surrounding counties.
This article was last updated on December 7, 2016.
