In order to prove the crime of voyeurism, the State must prove the following elements beyond a reasonable doubt:
1) The Defendant secretly observed, photographed, filmed, videotaped, or recorded the victim;
2) The act was done with a lewd, lascivious, or indecent intent;
3) When the victim was observed, photographed, filmed, videotaped, or recorded, he or she was in a dwelling, structure, or conveyance in which he or she had a reasonable expectation of privacy.
Sometimes, someone accused of voyeurism may be called a "Peeping Tom."
Voyeurism is rarely charged by itself. If the State can prove that the accused was within the perimeter of another's property while the act of voyeurism was committed, the accused may be charged with burglary as well.
News website www.wsvn.com has a story on a recent high-profile case of voyeurism in which the accused is charged with burglary in addition to the misdemeanor charge.
In order for the State to prove voyeurism, the State must show that the alleged victim was in a place where they had a reasonable expectation of privacy. Observing somebody in public is not a crime. It is a crime if you sneak up to their bedroom window and watch them without their consent.
Voyeurism may be a misdemeanor, but it is a crime that will likely involve an emotional victim. As a former prosecutor, I can tell you that prosecutors listen to their victims and will often seek punishments that their victims want.
Whether charged in conjunction with more serious felonies, or charged by itself, voyeurism is a crime taken seriously by the State.
If you have been arrested for voyeurism in Miami-Dade or Broward and are seeking the services of a criminal defense attorney, call me today to discuss your case.