Voyeurism charges in Florida are more common than most people think—and more serious than many realize. These cases often arise from misunderstandings, misplaced intentions, or alleged privacy violations. But once you’re accused, the situation becomes legally complex and personally overwhelming.
Sex crimes attorney Mike G Law believes everyone deserves a fair fight and a clear understanding of the law. Here’s what you need to know about Florida voyeurism laws and the penalties that come with them.
What Is Voyeurism Under Florida Law?
Florida Statute §810.14 defines voyeurism as when a person, with lewd, lascivious, or indecent intent, secretly observes another person when that individual is located in a dwelling, structure, or conveyance where they have a reasonable expectation of privacy.
This includes recording or observing someone in a bathroom, bedroom, or any place where a reasonable person would expect privacy.
The intent behind the act matters: whether it was done for amusement, entertainment, sexual arousal, or gratification can elevate the severity of the charge.
Types of Voyeurism in Florida
Simple Voyeurism
This is when someone secretly observes another person without their consent. It often involves the use of a video surveillance device, like a phone, camera, or other imaging tools.
Video Voyeurism
Covered under Florida Statute §810.145, video voyeurism expands on simple voyeurism by including the use of any imaging device to secretly view, broadcast, or record a person. It includes acts of video voyeurism committed for arousal, gratification, or profit. The law specifically addresses offenses committed in such a manner that violates someone’s personal privacy.
Voyeurism by Minors
If a child commits voyeurism, it’s still treated as a crime, although it may result in delinquency entered separately from adult criminal records.
Voyeurism on Federal Property
If the act takes place on federal property—such as in national parks, Veterans Administration buildings, or federal courtrooms—it may be treated as a federal crime. In such cases, federal prosecutors may get involved, and penalties can include time in federal prison.
Digital Voyeurism and Distribution
Voyeurism no longer requires a physical presence; it can now be conducted remotely. The law also applies to digital voyeurism, where someone hacks into cameras, webcams, or phones to secretly observe or record others.
If you knowingly retain or transmit these images using an electronic communication service or remote computing service, it may qualify as distribution, a separate offense from the original act.
Even the act of storing, sharing, or selling such footage can lead to charges for commercial video voyeurism dissemination or digital voyeurism dissemination.
What About Drones?
Using a drone to spy on someone on private property, such as recording through a window or into a fenced yard, can still constitute a violation of Florida voyeurism laws. Florida’s Freedom from Unwarranted Surveillance Act prohibits such drone use without written consent if the person has a reasonable expectation of privacy.
Even capturing someone in a hotel room from above, if done for amusement or sexual gratification, may lead to criminal charges.
Penalties for Voyeurism in Florida
The penalties for video voyeurism in Florida vary depending on the age of the offender, whether it’s a repeat offense, and whether the victim is a minor or under the care or authority of the offender.
First Offense by a Minor (Under 19 Years Old)
This is classified as a first-degree misdemeanor, punishable by up to 1 year in jail and a fine of up to $1,000, as provided in Florida Statutes §§ 775.082 and 775.083.
First Offense by an Adult (19 Years or Older)
Considered a third-degree felony, punishable by up to 5 years in prison and up to $5,000 in fines.
Repeat Offenders
Anyone previously convicted or adjudicated delinquent under the voyeurism statute who commits another offense is charged with a second-degree felony, punishable by up to 15 years in prison and increased fines.
Voyeurism by an Adult Involving Minors
Certain circumstances raise the offense to a second-degree felony, including when:
- The offender is 24 years or older and the victim is under 16;
- The offender is a caregiver responsible for a child under 16;
- The offender is an employee at a school or childcare facility and the victim is a student.
Each of these aggravating factors increases both the severity of the charge and the potential penalties.
Additional Consequences:
- Mandatory registration as a sex offender may apply, especially if the offense involves privately exposing the body or the victim’s private areas.
- Loss of employment or professional licenses
- Civil lawsuits for emotional distress or privacy invasion
Federal Voyeurism Charges
As mentioned, voyeurism may cross into federal offense territory. The Video Voyeurism Prevention Act criminalizes recording or observing private areas without consent in federal buildings and federal territorial jurisdiction, such as:
- National parks
- Veterans Administration facilities
- Federal courtrooms
- Military bases
If convicted, you could face federal prison time, and penalties may be harsher than those at the state level.
Sex Offender Registration
Possibly the most devastating consequence of a conviction for video voyeurism is being required to register as a sex offender. This designation can follow you for life, affecting everything from where you can live to where you can work.
In Florida, registration includes:
- Public listing on the Florida Department of Law Enforcement’s website
- Reporting regularly to local law enforcement
- Restrictions on residency, employment, and travel
Even a single conviction can create long-term damage. That’s why you need a strong legal strategy from the start.
Legal Defenses to Video Voyeurism
Every case is different, but there are several defenses that could apply depending on your situation. At the law office of Mike G Law, we evaluate each angle carefully with the help of an experienced criminal defense attorney to protect your rights and build the strongest possible case.
1. Lack of Intent
The prosecution must prove you intended to secretly record or view someone without consent. Accidental recordings, misused footage, or misunderstood actions can create reasonable doubt.
2. No Reasonable Expectation of Privacy
If the alleged victim was in a public place or a private dwelling where they couldn’t reasonably expect privacy, this could invalidate the charge.
3. Mistaken Identity
We’ve seen cases where surveillance footage is grainy or taken out of context. If law enforcement misidentifies you, we can challenge that evidence.
4. Unlawful Search or Seizure
If police violated your Fourth Amendment rights by searching your phone or property without proper warrants, that evidence could be excluded.
5. Fabricated Allegations
Unfortunately, false accusations do happen, especially in emotionally charged situations. The job of Mike G Law is to challenge those allegations with evidence and expert legal reasoning.
Remember, what seems like an innocent or unintentional act can be perceived differently under the law, so your early legal representation is essential.
Mike G Law: Fighting For You When It Matters Most
Mike G is a former Assistant State Attorney who has spent decades in Tampa courtrooms. He knows how law enforcement and prosecutors build these cases and how to fight them.
Mike G Law is proud to have achieved the Martindale-Hubbell AV Preeminent rating, the highest peer rating standard. According to Martindale-Hubbell, this rating is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers. At Mike G Law, we are proud to have achieved the Martindale-Hubbell AV Preeminent rating.
While Mike G doesn’t make promises about outcomes, he does promise this: the law office will fight aggressively to protect your rights.
Contact Mike G Law for a Free Consultation
If you’re facing voyeurism charges, don’t wait. The sooner you talk to criminal defense attorney Mike G Law, the more options you may have.
Schedule a confidential consultation today, or call 813-221-4303 for more information.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. For legal assistance specific to your case, consult an attorney.
FAQs
Can a person be charged with voyeurism if the camera was in a place that was immediately obvious?
If the video device is immediately obvious and there’s clear notice (such as a video surveillance system sign), the act may not qualify as illegal voyeurism. Florida law considers whether the person had a reasonable expectation of privacy and whether the recording was done without the person’s knowledge.
Does the use of a hidden camera in a dressing room count as video voyeurism?
Yes. Using a hidden camera in a dressing room, changing room, or similar such location where people expose sexual organs violates Florida’s voyeurism law. This includes actions done for sexual interest or his or her own amusement, and can lead to serious charges.
What role does undue influence play in a voyeurism case involving minors?
When a person uses undue influence or exploits his or her relationship with a child younger than 16, such as through authority, care, or trust, to commit voyeurism, the offense may be charged as a second-degree felony with enhanced penalties due to the breach of their trust.
Is there a separate penalty for sharing voyeuristic content digitally?
Yes. Sharing or selling illicit images or recordings falls under commercial digital voyeurism dissemination. This offense is distinct from recording and involves a separate penalty, especially if the content was created without the subject’s knowledge or consent.
Does the law apply the same meaning of voyeurism to all devices used for recording?
Florida law applies the same meaning of video voyeurism regardless of whether a motion picture camera, smartphone, or other device is used to transmit visual images. What matters is the act of secretly recording a person in a private setting without their knowledge.
