In the past, a person who looked into someone else’s window might have been called a “Peeping Tom.” This term does not necessarily describe the seriousness of the potential crime. Today, Peeping Toms may be more accurately described as voyeurs. They may also be charged with a crime for the offense.
Under Arizona law, a prosecutor may charge a person with voyeurism if they invade someone else’s privacy for sexual stimulation. Voyeurism is a Class 5 felony that may be punishable by more than 2 years in state prison. If you have been charged with voyeurism or a related offense, our Arizona criminal defense lawyers will work hard to help you get the best possible outcome for your case.
Based in Tempe, the legal team of Matthew Lopez Law represents clients throughout Arizona. We use our experience and knowledge of Arizona law to protect our clients’ rights and their freedom. Contact our law offices today to schedule a free initial consultation with an Arizona voyeurism attorney.
What Is Voyeurism?
In Arizona, it is against the law to essentially invade someone else’s privacy for your own sexual gratification. Even if you never “do” anything, you can still be charged with a crime in some situations. This could include things like watching through your neighbors’ windows while they have sex, photographing someone in the shower without their consent, or spying on a person as they undress.
Of course, it can be difficult to draw the line between behavior that is creepy and behavior that is criminal. In Arizona, a person may be convicted of voyeurism if they:
- Knowingly invade the privacy of another person without the knowledge of the other person for the purpose of sexual stimulation; or
- Take a photograph or film while doing so and disclose, display, distribute, or publish it.
Under this law, a person’s privacy is invaded if they have a reasonable expectation that they won’t be viewed, photographed, or recorded, and they are viewed, photographed, or recorded while:
- In a state of nudity or partial dress;
- Engaged in sexual intercourse or activity;
- Using the bathroom; or
- In a way that shows the person’s clothed or unclothed genitals, buttocks, or breasts.
In other words, if a person expects some degree of privacy and that expectation is violated in a specific way, then it may be considered voyeurism.
Importantly, the person’s expectation of privacy must be reasonable. If a person is doing something like undressing or having sex in a public place, then they may not have a reasonable expectation of privacy. By comparison, if a person is in what most people would consider a private place, such as the bedroom of their hotel room, then someone viewing them without their consent might be considered voyeurism.
There are some exemptions under the law. Specifically, a person isn’t guilty of voyeurism if:
- They are lawfully using child monitoring devices;
- They are photographing or videoing an area for security purposes, and there is a notice posted; or
- They are law enforcement officers who are photographing, filming, or viewing someone pursuant to a lawful investigation.
The key in voyeurism cases is that the person charged must have knowingly invaded someone else’s privacy without their consent. They must have done this for the purpose of sexual stimulation, and not for a lawful reason (like monitoring their property or checking on a video monitor in their baby’s nursery).
What Are the Penalties for Voyeurism in Arizona?
In Arizona, voyeurism is charged as a Class 5 felony. If convicted, a judge could sentence a person to up to 2 years and 6 months in state prison. If the offense is classified as a “dangerous crime,” then the penalty is increased to up to 4 years in prison.
Importantly, although voyeurism is considered a sex crime, a conviction will not result in mandatory sex offender registration. This is important, as the sex offender registry is public and can be a tremendous burden. However, a conviction for voyeurism can still have a significant impact on a person’s life.
Depending on the facts of the case, a person charged with voyeurism may be charged with related offenses. This typically occurs when a person records or photographs the other person. Related charges may include:
- Unlawful disclosure of explicit images: If a person intentionally discloses nude or sexually explicit images of another person to harm, harass, or threaten that person, they can be charged with this offense. It is also referred to as “revenge porn.” This crime requires that the person charged has disclosed the images with the purpose of harassing, harming, or threatening the alleged victim. If they just share pictures or videos without that intent, then this charge likely won’t result in a conviction.
- Surreptitious photographing: If a person secretly photographs or films another person without their consent in certain situations, they could be charged with this crime. Generally, this offense may be charged when a photo or video is taken in a place that is typically thought of as private, like a bathroom, locker room, or bedroom. The photograph or video must show the person’s private parts when they are in a state of undress, having sex, or using the bathroom. If a surreptitious photo or video is taken by an intimate partner, it may also lead to domestic violence charges.
- Extortion: If a person uses secret photos or videos (or their knowledge of what they viewed) to get their alleged victim to give them money or property, they could be charged with extortion. For example, if a person charged with voyeurism threatened to expose the other person’s extramarital affair unless they paid them money, they could also be charged with extortion.
Whether charged alone or in conjunction with another crime, voyeurism is a serious offense. It is critical that you have a skilled Arizona criminal defense attorney if you are facing a voyeurism charge.
Can I Defend Against Voyeurism Charges?
Being charged with voyeurism can be scary. However, there are several possible defenses to the charge depending on the facts of your case. Many of these defenses are based on the elements of the offense itself.
First, if you have the victim’s consent to watch, film, or photograph them in an intimate moment, it could be a defense to a voyeurism charge. For example, your neighbors may have told you that they enjoy knowing that other people can see them having sex. If you are charged with voyeurism for doing just that, then your Arizona criminal defense lawyer can gather evidence to show that the charge should be dismissed.
Second, if you viewed, filmed, or photographed someone in a place where they did not have a reasonable expectation of privacy, that is a defense to a voyeurism charge. The obvious example of such a case is a couple having sex or exposing themselves in a public place, such as a park. If the alleged voyeurism happened in a place that most people wouldn’t think of as private, then the charge might not stand.
Third, if your viewing, filming, or photographing was not for sexual gratification, then it will not be considered voyeurism. Some examples of such a situation were listed above: filming for security purposes, using a baby monitor, or for legitimate law enforcement purposes.
There are other situations where you might be able to prove that you weren’t doing anything for sexual gratification purposes, such as if you set up a trail camera on your property to watch for wildlife. Many of these situations would also raise the question of whether the alleged victim had a reasonable expectation of privacy in the area where they were viewed.
A voyeurism charge can result in serious consequences. Even though you won’t be required to register as a sex offender, having a criminal record for a sex crime can make your life incredibly difficult in the future. You will also have to spend time in prison for the offense.
In some cases, a favorable plea bargain may be the best outcome for a voyeurism charge. It may also be possible to get the charge dismissed or reduced with the help of a seasoned Arizona criminal defense attorney. If necessary, our legal team will take your case to trial and ask a jury to return a verdict of not guilty.
Call an Arizona Criminal Defense Attorney Today
Voyeurism isn’t as innocent as the old term “Peeping Tom” might make it seem, particularly when photos or videos are taken. Yet not every case of alleged voyeurism should result in criminal charges. If you have been charged with voyeurism or a related offense, our law firm will work to get you the best possible outcome.
Matthew Lopez Law represents individuals who have been charged with all types of Arizona criminal offenses. Our expertise includes DUI, drug charges, sexual assault, and other sex crimes. If you have been charged with voyeurism or a related offense, you do not have to simply plead guilty. Give our law offices a call at 480-608-9998 or fill out our online contact form to schedule a free initial consultation with an Arizona criminal defense lawyer.