Thank you for asking me “What is Video Voyeurism in FL?”
Video Voyeurism is found at F.S. 8190.145 and in order to be convicted the State must prove the following 4 elements:
1) You either used or installed, or you permitted to be used or installed, a device that is used to secretly view, broadcast or record, for your own or another’s amusement, entertainment, sexual arousal, gratification or profit, or to degrade or abuse the person being recorded;
2) That the victim was viewed, broadcast or recorded at a time when the victim’s body was privately exposed;
3) That this occurred at a place and time when the victim had a reasonable expectation of privacy; and
4) That the viewing, broadcast or recording was done without the victim’s knowledge or consent.
“Broadcast” means electronically transmitting a visual image with the intent that it be viewed by another person.
“Imaging device” means any mechanical, digital, or electronic viewing device, still camera, camcorder, motion picture camera, or any other instrument, equipment, or format capable of recording, storing, or transmitting visual images of another person.
“Place and time when a person has a reasonable expectation of privacy” means a place and time when a reasonable person would believe that he or she could fully disrobe in privacy, without being concerned that the person’s undressing was being viewed, recorded, or broadcasted by another.
“Privately exposing the body” means exposing a sexual organ.
If you are 19 or younger then video voyeurism is a 1 degree st misdemeanor (punishable by up to 364 days in jail) but if you are over 19 then it’s a 3 degree felony (punishable by up to 5 years in prison).
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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