Miami Voyeurism Lawyers

Voyeurism in Miami, Florida is punishable by imprisonment, fines, probation, and in cases involving a minor, registration as a sex offender. Our Miami voyeurism lawyers fully know and understand the specific laws and regulations that pertain to voyeurism and related offenses.

What Qualifies as Voyeurism in Miami?

Under Fla. Stat. 810.14, a person has committed voyeurism if he or she, with lewd intent:

Secretly observes another person who is inside a dwelling or a conveyance
Secretly observes someone else’s intimate areas when that individual is in a private building or vehicle

Intimate areas are specifically defined under state law as any portion of a person’s body, or undergarments that are covered by clothing and shielded from public view. Those who are suspected of voyeurism can be charged with a first-degree misdemeanor, which could mean up to a year in prison. If on the other hand, a defendant has been convicted or adjudicated delinquent at least twice for committing the same offense, his or her charges will be reclassified as a felony.

This is not the only time that voyeurism penalties are increased, as some qualifying individuals can be charged under Fla. Stat. 810.145, which specifically prohibits video voyeurism. This offense has much more serious consequences, as it involves the intentional installation or use of a recording device to view a person while he or she was undressing, dressing, or otherwise privately exposing his or her body for the purpose of arousal, profit, or entertainment.

Although video recorders are the most commonly used imaging device by those who are convicted of this offense, the statute actually covers a wide range of equipment, including still cameras and any other instrument that is capable of recording, storing, or sending visual images. In fact, as long as the offender used an imaging device to secretly record or view under or through another person’s clothing, a person can be convicted of video voyeurism, even if the victim never undressed. Florida law also prohibits allowing someone to install an imaging device to view another person without his or her knowledge.

Dissemination Under Voyeurism Law in Miami

Even those who do not record a person themselves can be charged under this statute if they:

Intentionally disseminated, distributed, or transferred the image or video
Knew or should have known that the image was created without the subject’s consent
Distributed it for the purpose of profit, entertainment, sexual arousal, or degradation of the victim

In fact, if an individual sold the recording to a third party or gave it away, knowing that it was going to be sold, that person could also be charged with committing commercial video voyeurism. There are, however, are a variety of exceptions to the voyeurism law, including when:

Surveillance is being conducted by law enforcement for an official purpose
There is a written notice, conspicuously posted on the premises, that notifies customers that a security system is in use
The surveillance device is clearly obvious
Distribution is conducted by an electronic communication service provider

Those who do not fall under one of these categories and satisfy the other elements of the statute can be charged with video voyeurism.

Potential Penalties of Voyeurism in Miami

The penalties for committing video voyeurism depend in part on the age of the defendant at the time the crime was committed. For example, defendants under the age of 19 years old will be charged with a first-degree misdemeanor, while those over the age of 19 years old will be charged with a third-degree felony. Repeat offenders, regardless of age, could end up spending 15 years in prison.

A defendant’s offense will also be increased to a second-degree felony if he or she is:

At least 18 years old and commits an offense against a minor under the age of 16 years old who is in his or her care
At least 18 years old, is employed at a school and commits an offense against an enrolled student
Over the age of 24 years old whose victim was under the age of 16 years old

Miami voyeurism defendants are also prohibited from raising a defense based on ignorance of the victim’s age, although they are permitted to claim that:

They were not aware of the camera’s existence
The subject gave his or her consent to the recording or viewing
They did not have a lascivious intent
The subject did not have a reasonable expectation of privacy in the place where the recording occurred

Whether a person had a reasonable expectation of privacy depends on whether a reasonable person would have believed that he or she could undress in privacy without being viewed or recorded. This includes residential dwellings, bathrooms, fitting rooms, tanning booths, and dressing rooms.