Understanding Your Rights If You Are Accused of Video Voyeurism

November 06, 2019

Detectives in West Palm Beach, Florida arrested a man and charged him with eight counts of video voyeurism. Apparently, a hidden camera was discovered inside an employee restroom located in St. Mary's Hospital. Upon the discovery of the camera, detectives conducted a criminal investigation and located hidden cameras at two other medical facilities. Detectives arrested the defendant, who was an x-ray technician and worked at all three medical facilities. Detectives searched the defendant's phone with the use of a search warrant and found more than a million still and video images.


Florida Statute 810.145 covers video voyeurism. A person commits the offense of video voyeurism if the video is used for his or her own amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading or abusing another person, or when a person intentionally installs or uses an imaging device to secretly view, broadcast, or record a person without that person's knowledge and consent while the person is dressing, undressing, or privately exposing their body at a place and time when that person has a reasonable expectation of privacy. The statute sets forth that individuals have a reasonable expectation of privacy in the interior of a residential dwelling, bathroom, changing room, fitting room, dressing room, or a tanning booth, etc.


There are a few exceptions that are not violations of the statute. First, law enforcement officers cannot be charged if they are conducting surveillance in a criminal investigation. Security systems are an exception as long as a conspicuous sign is posted stating that the system has been installed for security purposes. The third exception exists when the security system is installed in such a way that it is open and obvious.


A person over the age of nineteen that violates this statute faces a second-degree felony. Even if an individual commits this offense a second time, he or she can only be charged with a second-degree felony. Second-degree felonies are punishable with up to fifteen years in prison. That being said, this offense does not carry mandatory state prison. That does not mean the State will not seek jail time, but it allows the judge flexibility in resolving these types of cases. If someone is arrested for video voyeurism, they should invoke their right to remain silent for two reasons. One, admitting to the offense will greatly assist the State in the prosecution of the case, and second, giving a statement may lock a person into a certain defense when better defenses may exist. Our Miami criminal lawyers have represented several clients charged with this offense. Anyone arrested or being investigated should contact us immediately and let our experience and zealous representation obtain an outstanding result for their case.


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