Video voyeurism and visual voyeurism are classified as different crimes under Florida law, and the penalties depend on a variety of factors including the age of the victim and the criminal record of the defendant. Video voyeurism is more common than visual voyeurism and has stricter penalties that range from a first-degree misdemeanor all the way up to a second-degree felony. If you or a family member is being investigated or has been charged with video voyeurism it is important to contact a lawyer immediately. Video voyeurism cases can have lasting consequences including jail time and the possibility of a permanent conviction. The investigations in these cases can be lengthy and involve the execution of search warrants on places of residence and electronic devices. Law enforcement will also try induce an unrepresented suspect into making additional incriminating statements that maybe extremely damaging down the road. Benjamin Herbst is a South Florida criminal defense lawyer who specializes in video voyeurism cases. He has successfully represented defendants in voyeurism cases in multiple jurisdictions, and is standing by to offer a free consultation about your case. Benjamin represents clients in all Tri-County courthouses in Miami-Dade, Broward and Palm Beach County, as well as the Treasure Coast courts in Martin and St. Lucie County. He is available to meet in his Fort Lauderdale or West Palm locations, and is accessible 7 days a week by phone at (954) 543-0305.
Florida law defines video voyeurism as using or installing an imaging device to secretly view or record a person who is dressing or otherwise exposing their body in a place where they have a reasonable expectation of privacy. Video cameras, cell phones, and even Go Pro cameras attached to selfie sticks are common devices used in video voyeurism cases. The state does not have to prove that the defendant actually viewed the video, or even that the camera was working and operable. The intent to record a person in a private place for their own entertainment or gratification is all that is required. Hiring or inducing another person to do the recording will result in the same criminal liability as actually doing the recording. The penalties for a video voyeurism charge in Florida depend on the age of the defendant and the age of the victim. If the defendant is under age 19 and a first-time offender, then he or she may be charged with a first-degree misdemeanor. A first-time defendant who is 19 or older could face third-degree felony charges, and repeat offenders face second-degree felony charges regardless of their age. Other second-degree felonies include school employees recording students, and adults over the age of 24 recording children under the age of 16. Anyone has been charged or is being investigated for secretly recording another person should contact South Florida video voyeurism lawyer Benjamin Herbst for a consultation. Benjamin fights for his clients the very first day he is hired, and will do whatever it takes to keep his client’s out of jail and free of a criminal conviction.
Visual voyeurism is secretly observing a person with lewd, lascivious or indecent intent in a place where they have a reasonable expectation of privacy. Voyeurism can occur in a public or private home, structure or vehicle, or even out in public if the defendant is accused of attempting to view an intimate area of another person. While not as serious as video voyeurism, visual voyeurism can still carry the potential of a jail sentence as a first-degree misdemeanor. Repeat offenders, including those with prior delinquency findings in juvenile court, face the possibility of being charged with a third-degree felony. Benjamin represents adults and juveniles charged with voyeurism in all South Florida jurisdictions from Miami-Dade to Palm Beach County, and has extensive experience defending clients in Broward County and St. Lucie County. Contact Benjamin at (954) 543-0305 and find out what defenses may be available in your case.