Voyeurism is a sex crime that involves the act of observing an unsuspecting person who may be undressing, naked, or engaging in sexual activity or other activities that the person expects to be private. The victim is generally a stranger to the perpetrator, but can be a person the voyeur knows.
Voyeurism is a sex crime in many states, but in others it is prosecuted under statutes that address other crimes, such as trespass. Most sex crimes, such as sexual abuse, involves physical touching, but voyeurism is a type of abuse that usually does not involve physical contact.
The crime of voyeurism does not have to be committed in public or outside the property of the perpetrator. A homeowner or landlord can commit the crime by installing cameras in their own home to videotape or photograph tenants. Or, people can spy on and record their own roommates while they undress, use the bathroom, take showers, or engage in intimate activity that they expect to be private. A person can violate another person’s privacy, and violate the law whether they are in a public place or in their own home.
Twelve states outlaw voyeurism. The state of Tennessee, is the only state that also specifically includes a penalty for distributing a voyeur’s photographs. Other states with criminal voyeurism statutes are Hawaii, Minnesota, New Hampshire, and Utah where the conduct may fit within the invasion of privacy statutes. In California, Colorado, Kansas, Kentucky, Michigan, Montana, New York, North Dakota, and Oklahoma, the voyeur can be charged with eavesdropping. In Arkansas, the voyeur may have to be charged with loitering.
In Connecticut, a voyeur may be charged with disorderly conduct if, with intent to cause inconvenience, annoyance, or alarm, the voyeur offensively or in a disorderly manner interferes with another person. This type of disorderly conduct is a class C misdemeanor in that state and it carries a penalty of up to three months in prison, a $500 fine, or both.
The voyeur may also be charged with breach of the peace if they publicly exhibit, distribute, posts, or advertises any offensive, indecent, or abusive matter concerning any perison. Breach of the peace is a class B misdemeanor in Connecticut that is punishable by up to six months imprisonment and/or a fine of $1,000.
Is Voyeurism the Same as Stalking?
Voyeurism and stalking are not the same. Stalking involves a pattern of behavior intended to intentionally annoy, harass, or scare another person. A voyeurism charge can be based on one instance of prohibited conduct. Stalking, the unwanted behavior of following the victim, is done to place the victim in fear that the behavior of the stalker could result in some form of harm, such as injury or death, to the victim or family members of the victim.
In contrast, a defendant who is accused of voyeurism often does not wish to be discovered at all by their victims. Again, the act of voyeurism may be a single, isolated incident. However, some stalking cases could involve elements of voyeurism, if, for example, a person were to repeatedly engage in voyeurism directed towards the same person.
What is Video Voyeurism?
Video voyeurism is committed with a recording device such as a phone or camera. This type of conduct may also involve other criminal statutes, such as invasion of privacy or unauthorized use of a person’s image. If the sale of such images or videos occurs without the consent of the person whose image the video contains, further criminal charges may result as well. State laws may also have specific statutes covering the use of cameras and other electronic devices in connection with criminal activity.
State law in this area varies greatly. In Alaska, for example, the statute describes in detail which parts of a person’s body must be viewed for a perpetrator to violate its statute regarding “indecent viewing” as the crime is known in that state. In Indiana it is “voyeurism” to go on another person’s property with intent to peer into their private domain.
A few states make it illegal for anyone to photograph or videotape another person, without the person’s consent, while observing that person in the privacy of their home or some other private place. This is the case in Washington state. Again, the state of Tennessee is the only state that makes it illegal for voyeurs to sell or otherwise distribute or disseminate any pictures or videos that they record.
Some states that do not specifically address crimes that involve photographs or videotapes allow people whose pictures have been taken without their consent and offered for sale to bring a civil action for damages alleging invasion of privacy.
Some states, such as Connecticut, that do not have specific voyeurism statutes often make the behavior associated with voyeurism criminal in statutes addressing trespass, disorderly conduct, or breach of the peace.
Federal law makes it a crime for people to use computers or the Internet to transmit obscene or lewd visual materials. The U.S. Supreme Court has held that portions of previous laws in this area were vague and so they violated the Constitution’s First Amendment. Federal privacy laws do not protect victims of voyeurism from having their photographs displayed on the Internet, however state laws may offer protection or a civil cause of action for invasion of privacy.
In order to prove a civil case for invasion or violation of privacy based on some type of intrusion, a person would have tshow the following:
- There was an invasion of a person’s privacy;
- It would be highly offensive to any reasonable person;
- The person had a reasonable expectation of privacy in the situation;
- The person suffered quantifiable damage as a result of the invasion of their privacy.
The public disclosure of private facts might also give a person cause to file a civil suit, because common law prohibits certain uses of personal information regardless of how the information is gathered. A person’s privacy rights are violated under this theory when an ordinary person would find disclosure to be highly offensive.
I Have a Nanny Cam in My Home; Is This Considered Voyeurism?
The term “nanny cam” is used to describe small hidden cameras used in homes for the purpose of monitoring the interaction between a babysitter or nanny and a family’s children. It is not a criminal act to record video of the happenings in one’s own home. However, audio recordings are not permitted in many states.
Recording a domestic employee is a criminal act if the recording device is placed in an area of a home where there is an expectation of privacy. These areas would, of course, include bathrooms and private bedrooms of the employee.
What Are the Criminal Penalties for Voyeurism Conviction?
The severity of the punishment depends on the jurisdiction and whether it is classified as a misdemeanor or felony. Misdemeanor charges may result in jail time for up to one year, and some criminal fines as well, depending on the circumstances.
Felony voyeurism charges can result in longer prison sentences and higher criminal fines. Felony charges can also result in the loss of certain rights, such as the right to possess a firearm. Additionally, a person convicted of voyeurism may have to register as a sex offender. Being a registered sex offender can create significant hardships for a person and obstacles to the challenges of ordinary life. It is a status that a person should want to avoid.
Should I Contact an Attorney for Help with a Voyeurism Charge?
If you have been charged with voyeurism or a related offense, you should contact an experienced criminal defense attorney right away. The laws regarding this offense vary greatly from state to state. An experienced criminal defense attorney in your area can tell you what the law is in your state and help determine how to fight the charge. You are most likely to get the best possible outcome with an experienced criminal defense attorney representing your interests.
