I examine each video voyeurism case to determine if it can be dismissed and removed from your record. If this is your first offense, pretrial diversion may be an option. If you resolve your case without a conviction you may be eligible to seal or expunge your record. Hiring an experienced video voyeurism defense lawyer is essential. I have defended hundreds of video voyeurism cases. Once hired, we will:

1. Collect and review all physical and video evidence;
2. Identify any possible defenses;
3. Qualify you for a pretrial diversion program;
4. Immediately start negotiating for a dismissal or reduced charges, and
5. Do whatever is necessary to avoid a criminal conviction.

IMPORTANT QUESTIONS FOR YOUR VIDEO VOYEURISM CASE

The constitution guarantees that people be free from illegal police conduct. It is important for you to know if any of your constitutional rights have been violated. The police must have a lawful basis for investigation and arrest. Unlawful police conduct can lead to the suppression of evidence and statements obtained after the illegal police conduct. Important questions that should be answered in any video voyeurism case are:

• Was any of the evidence collected against you illegally obtained?
• Are the allegations made against you false?
• Were there any witnesses to this incident?
• Is identity an issue? Do they have the wrong person?
• Were you read your Miranda rights? Were any of your statements illegally obtained?
• Is there a lack of evidence or a conflict in the evidence?

HOW IS VIDEO VOYEURISM DEFINED IN FLORIDA?

Video voyeurism is defined in Florida Statute 810.145 as a person who for his or her own amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading or abusing another person, intentionally uses or installs an imaging device to secretly view, broadcast, or record a person, without that person’s knowledge and consent, who is dressing, undressing, or privately exposing the body, at a place and time when that person has a reasonable expectation of privacy

HOW IS VIDEO VOYEURISM PROVEN IN FLORIDA?

The Florida standard jury instructions for video voyeurism require the state to prove the following elements beyond a reasonable doubt:

1. Defendant intentionally used or installed an imaging device to secretly view, broadcast or record the victim for his or her own amusement entertainment, sexual arousal, gratification or profit or for the purpose of degrading or abusing victim.
2. Intentionally permitted the use or installation of an imaging device to secretly view broadcast or record victim for the amusement entertainment sexual arousal gratification or profit of another or on behalf of another.
3. Victim was thereby viewed broadcast or recorded at a time when victim was dressing undressing or privately exposing his her body.
4. At the place and time when victim was viewed broadcast or recorded, he she had a reasonable expectation of privacy.
5. The viewing broadcast or recording of victim was without the knowledge and consent of victim.
6. At the time defendant viewed broadcast or recorded victim, defendant was 19 years of age or older under 19 years of age.

PENALTIES FOR VIDEO VOYEURISM

For those over the age of 19 video voyeurism is considered a third degree felony. Penalties could include:

• Five years in prison
• Five years probation
• $5,000 fine

Florida law defines video voyeurism as a first degree misdemeanor for those under the age of 19. Penalties could include:

• 12 months in jail
• 12 months of probation
• $1,000 fine

VIDEO VOYEURISM DEFENSES

Florida recognizes several valid defenses for video voyeurism. Valid defenses to video voyeurism include:

• Mistaken identity
• False accusations

AGGRESSIVE ORANGE COUNTY VIDEO VOYEURISM DEFENSE LAWYER

If you were recently arrested or charged with any Florida crime, please call me at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.