If you’ve been accused of video voyeurism through means that trigger federal jurisdiction, you’re likely facing serious legal consequences, and even more serious uncertainty about what comes next. The federal government doesn’t treat these cases lightly.
These cases are complex, emotionally charged, and heavily stigmatized. Sex crimes defense attorney Mike G Law explains what you need to know about federal video voyeurism laws, the consequences, and what to do if you’re under investigation.
What Is Video Voyeurism Under Federal Law?
Under 18 U.S.C. § 1801, video voyeurism becomes a federal offense when it occurs within the special jurisdiction of the United States—such as on federal land or in federal buildings—or involves technologies or platforms that cross state lines.
The law makes it a federal crime to:
- Intentionally capture an image of a person’s private areas,
- Without their consent,
- Under circumstances where they have a reasonable expectation of privacy,
- With intent to satisfy sexual desires or to invade privacy.
This includes using any device—cell phones, drones, laptops, covert cameras—to secretly record or photograph someone’s private body parts or intimate conduct.
Even if no physical contact occurs, if you’re accused of secretly recording someone in this way, it can lead to felony charges and jail time.
When Is a Video Voyeurism Crime a Federal Offense?
Federal charges usually apply when the alleged act occurs in:
- Federal buildings (e.g., courthouses, VA facilities)
- National parks or monuments
- Military bases
- Federal prisons
- Airports and aircraft
- Federal territories or maritime jurisdiction
- Using communications or devices that cross state lines
Even if a crime starts locally, it can escalate to federal jurisdiction if it involves interstate digital transmission or if the footage is stored or shared using cloud services based in other states.
Examples of Federally Prosecutable Video Voyeurism
1. Hidden Cameras on Federal Property
Planting a hidden camera in a VA hospital bathroom or courthouse restroom could result in federal prosecution—even if no footage is distributed.
2. Drones Capturing Private Activity in National Parks
Using drones to record campers showering or changing at federally owned campsites qualifies as illegal surveillance.
3. Recording in Federal Workplaces
Secretly filming coworkers in private areas, such as locker rooms in federal offices or military installations, is prosecutable under federal law.
4. Possession or Distribution Across State Lines
If voyeuristic footage is uploaded to a cloud service, sent via email, or shared online, and crosses state lines—even unintentionally—it could result in additional federal charges such as distribution of obscene materials or child exploitation content (if minors are involved).
Penalties for Federal Video Voyeurism
Federal penalties are harsh. If convicted under 18 U.S.C. § 1801:
- You could face up to one year in federal prison for each count.
- If minors are involved or if other charges are added (e.g., sexual exploitation, child pornography), the sentence can escalate to decades behind bars.
- You may also face federal sex offender registration.
- In civil cases, you could be sued for damages under the same statute.
What To Do If You’re Being Investigated
Some clients don’t even realize they’re being investigated until they get a visit from law enforcement. Others are called in for questioning about alleged recordings at work, school, gyms, or social venues.
Federal investigations are thorough and intimidating. Agents may seize your devices, search your home, or attempt to question you. If law enforcement contacts you about a video voyeurism investigation, do not speak to them without a skilled criminal defense lawyer like Mike G Law. Even if you believe you’ve done nothing wrong, your words can be used against you.
Here’s what you should do:
- Stay calm.
- Do not agree to searches without a warrant.
- Do not hand over your phone or devices without legal guidance.
- Do not delete files (this can be seen as obstruction).
- Contact Mike G Law immediately.
Even if you think it’s all a misunderstanding, do not assume you can explain it away.
Get a Free Consultation from Experienced Criminal Defense Lawyer Mike G Law Today
If you’ve been charged—or are being investigated—for video voyeurism, you need legal representation immediately. Being accused of video voyeurism doesn’t mean you’re guilty. You still have the right to a defense and the right to be treated fairly under the law.
Mike G Law fights aggressively for clients’ rights without judgment. The law office deals in facts, law, and evidence. If you’re ready to take your defense seriously, Mike G is here to talk.
Mike G Law has decades of experience defending clients in the Tampa Bay area against serious criminal charges. As a former Assistant State Attorney, Mike G understands how the prosecution builds its case—and how to dismantle it.
Contact Mike G for a free, confidential consultation today.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. For legal assistance specific to your situation, please contact an attorney.
FAQs: Federal Voyeurism Law
Can I be charged if the recording was never shared?
Yes. Capturing the image alone—if done without consent in a private context—is enough for federal charges.
What if the person didn’t know they were recorded?
That’s exactly what the law targets. The video voyeurism prevention act focuses on non-consensual and secret surveillance. Whether or not the person knew about the recording does not impact the legality—what matters is whether a reasonable person would expect privacy in that situation.
Is video voyeurism considered a sex crime?
Yes, under federal law, if the conduct involves sexual gratification, an invasion of privacy, or involves minors. Conviction may trigger sex offender registration.
Can I be charged if I was on public property?
It depends. If you recorded private body parts or acts where the person had a reasonable expectation of privacy (e.g., under clothing), it can still qualify, even if it occurred in public.
Will I have to register as a sex offender?
It depends. Charges involving minors or repeat offenses increase the likelihood of mandatory sex offender registration. If the charge includes the element of recording for entertainment, sexual arousal, or profit—or involves privately exposing the body of another—it may carry enhanced penalties and registration requirements.
Can using a drone to record someone on private property lead to a video voyeurism charge under federal law?
Yes, using a drone to record someone on private property can lead to a federal video voyeurism charge—but only under specific conditions.
Under 18 U.S.C. § 1801 (the Video Voyeurism Prevention Act of 2004), federal charges apply only when the act occurs within the special maritime and territorial jurisdiction of the United States. That includes:
- Federal property (e.g., national parks, military bases, federal buildings)
- U.S. embassies
- Ships, aircraft, or space under U.S. jurisdiction
- Federal territories
So, if you fly a drone over private property like someone’s backyard in a non-federal area, federal video voyeurism law would not apply. However, state laws (such as those in Florida) might still criminalize this conduct.
What if a child commits video voyeurism?
If a child commits video voyeurism, it’s still treated seriously under the law. While juvenile cases often result in delinquency entered separately from adult records, they can still carry consequences. Courts will look at factors like age, intent, and whether the content involved a victim’s private areas or was used for amusement, entertainment, sexual arousal, or profit.
What devices are typically involved in video voyeurism cases?
Video voyeurism charges can stem from almost any device with recording capabilities—phones, drones, laptops, or covert gear like a hidden camera, similar to peeping tom cases. The law doesn’t require a specific format capable of distribution; even a locally stored image can be used to bring charges.
