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Voyeurism Law in Florida
Voyeurism is a crime in Florida. It is often a misdemeanor, although in certain circumstances it can be a felony. Under the Florida Statute for Voyeurism § 810.14, the consequences of a voyeurism conviction can include a jail or prison sentence.
The minimum and maximum sentences and punishments for voyeurism will depend on the circumstances of the crime and the specific facts of your case.
More information on voyeurism charges in Florida, the punishments, outcomes, and defenses can found below.
If you have been accused of voyeurism, it is important to get the information you need to know about your specific charges so that you can make informed decisions going forward.
The consequences of being arrested and convicted of voyeurism can be serious. If you have been accused of a crime, it is important to hire a criminal defense lawyer that you trust to protect your rights, provide assistance in navigating the court process, and to help you achieve the best result possible depending on the specific facts of your case.
He is dedicated to not only providing the best legal advice and defense for your case, but also to making sure that you are informed about the process and your legal options along the way.
If you have any questions or concerns regarding your case or any current charges, our office is happy to help.
What Are the Voyeurism Laws in Florida?
Florida has two different statutes for the crimes of voyeurism and video voyeurism.
- Voyeurism – § 810.14, Florida Statutes
- Video Voyeurism – § 810.145, Florida Statutes
Video voyeurism is different from voyeurism in that it involves the act of secretly recording someone using an imaging device. Refer to our page on Video Voyeurism for more information on that offense.
Information on the crime of voyeurism, including charges, punishments, and defenses are provided below.
What Is Considered Voyeurism in Florida?
Under § 810.14(1), Florida Statutes (2022), the crime of voyeurism is committed when a person:
- With lewd, lascivious, or indecent intent, secretly observes another person when the other person is located in a dwelling, structure, or conveyance and such location provides a reasonable expectation of privacy; OR
- With lewd, lascivious, or indecent intent, secretly observes another person’s intimate areas in which the person has a reasonable expectation of privacy, when the other person is located in a public or private dwelling, structure, or conveyance.
Definition of Intimate Area
Intimate area is defined by the voyeurism statute to mean any portion of a person’s body or undergarments that is covered by clothing and intended to be protected from public view.
Definitions of Dwelling, Structure, and Conveyance (§ 810.011, Florida Statutes)
Dwelling is defined as a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof.
Structure is defined as a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof.
Conveyance is defined as any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car.
Punishment and Sentences for Voyeurism in Florida
Voyeurism can be either a misdemeanor or a felony depending on whether you are a first-time offender, or a repeat offender who has previously violated this section of the law.
Misdemeanor Voyeurism (First Offense)
The punishment for committing voyeurism if it is a first offense is:
- First Degree Misdemeanor
- Sentence of up to 1 year in jail
- Up to a $1,000 fine
Felony Voyeurism (Prior Convictions)
For repeat offenders, the penalties are more severe. The punishment for committing an act of voyeurism having been previously convicted or adjudicated delinquent two or more times of voyeurism is:
- Third Degree Felony
- Sentence of up to 5 years in prison
- Up to a $5,000 fine
A person has been previously convicted or adjudicated delinquent of voyeurism, if the violation resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense.
Defenses to Voyeurism Charges in Florida
The best defenses to a voyeurism allegation will depend on the specific circumstances of the case. Each person’s case will be different as will be the defenses available to them. If you are accused of voyeurism, it is important to discuss the facts of your case with your attorney.
Some defenses to a voyeurism charge include:
- No reasonable expectation of privacy
- No lewd, lascivious, or indecent intent
- The intimate area was not intended to be protected from public view