Voyeurism is a sex crime and taken very seriously by the prosecutors in Polk County, FL. Recently, there was the case of the foreign exchange students in the Polk area who moved into an apartment where hidden video cameras were planted throughout the apartment. The alleged victims thought they were being secretly recorded. The prosecutor could not prove whether a recording was ever made, who placed the cameras there, and who was possibly surreptitiously recording the students. because of this, no criminal voyeurism charges were filed.
Voyeurism is a crime that can not be sealed if you plea to the charge. Even if you receive a withhold of adjudication, you can NOT seal your arrest for voyeurism. You would have to be found not guilty at trial or plea to an amended criminal charge in order to have a chance to seal this arrest. If the misdemeanor voyeurism, felony voyeurism, or video voyeurism charge is dropped, the arrested person would be eligible to expunge this sex crime from their criminal history and background checks. A Polk County voyeurism offense will cause damage to your reputation in the community, with your boss, and with anyone you plan on dating who runs a Google search of your name and your mugshot pulls up for this sex crime. Get help now, call experienced voyeurism criminal defense attorney Thomas C. Grajek, 863-688-4606.
Florida Statute 810.14
A person commits the offense of voyeurism when he or she, with lewd, lascivious, or indecent intent, secretly observes another person when the other person is located in a dwelling, structure, or conveyance and such location provides a reasonable expectation of privacy.
- First violation - misdemeanor of the first degree punishable by up to 1 year in prison.
- Second or more violations - felony of the third degree punishable by up to 5 years in prison.
Florida Statute 810.145 Video Voyeurism
misdemeanor of the first degree
A person commits the offense of video voyeurism if that person:
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.
Commercial Video Voyeurism
misdemeanor of the first degree
A person commits the offense of commercial video voyeurism dissemination if that person knowing or having reason to believe that an image was created in a manner described in this section, sells the image for consideration to another person.
Dissemination, distribution, or transfer of images subject to this section by a provider of an electronic communication service as defined in 18 U.S.C. s. 2510(15), or a provider of a remote computing service as defined in 18 U.S.C. s. 2711(2). For purposes of this section, the exceptions to the definition of “electronic communication” set forth in 18 U.S.C. s. 2510(12)(a), (b), (c), and (d) do not apply, but are included within the definition of the term.
felony of the third degree
A person who is:
1. Eighteen years of age or older who is responsible for the welfare of a child younger than 16 years of age, regardless of whether the person knows or has reason to know the age of the child, and who commits an offense under this section against that child;
2. Eighteen years of age or older who is employed at a private school as defined in s. 1002.01; a school as defined in s. 1003.01; or a voluntary prekindergarten education program as described in s. 1002.53(3)(a), (b), or (c) and who commits an offense under this section against a student of the private school, school, or voluntary prekindergarten education program; or
3. Twenty-four years of age or older who commits an offense under this section against a child younger than 16 years of age, regardless of whether the person knows or has reason to know the age of the child
commits a felony of the third degree, punishable by up to 5 years in prison!
- For Voyeurism your intent matters!
- There are more defenses regarding intent for non-video voyeurism. The elements for this crime can be more difficult for a prosecutor to prove than when there is video voyeurism
- Can the prosecutor prove a recording was made?
- Can the prosecutor prove who made the video recording?
Do not take these charges lightly! These are considered sex crimes and can affect your reputation before you are even given a chance to explain your side of the story!
CALL NOW AND SPEAK TO AN EXPERIENCED, AGGRESSIVE
POLK COUNTY SEX CRIME DEFENSE LAWYER
CALL AND SET YOUR FREE OFFICE CONSULTATION NOW!
You will not have to drive to another county. Office - Lakeland, Polk County.
Thomas C. Grajek 863-688-4606
Handling all sex crime cases in Florida and Polk County, Florida including Bartow, Lakeland, Winter Haven, Auburndale, Haines City, and Davenport.