Video Voyeurism Is a Crime: What Key West Sex Crime Defense Lawyer Robert David Malove Wants You to Know

Right now, you may be confused, angry, and worried. You’ve been accused of secretly recording someone in an intimate state for your personal interest or sexual gratification. You face jail time, fines, and potentially permanent damage to your reputation.

You don’t have to face these charges alone. Our experienced Key West sex crime defense lawyers understand that there may be two sides to your story. We will identify all possible defenses, protect your legal rights, and fight for your future.

Understand the Charges Against You

Florida Statute 810.145 defines the crime of video voyeurism. Before you are convicted and sentenced for this crime, prosecutors must prove that:

  • You recorded the alleged victim. You must have intentionally used or installed an imagining device to secretly view, broadcast, or record (1) a person who is dressing, undressing, or privately exposing their body at a place and time when that person has a reasonable expectation of privacy, or (2) under or through the clothing being worn by another person for the purpose of viewing the body or undergarments of that person.
  • The alleged victim did not provide consent. It is not against the law to make a sex video or record someone if you do so with the person’s knowledge and consent. 
  • You acted with specific intent. The law only makes the recording a crime if you (1) acted for your own amusement, entertainment, sexual arousal, gratification, or profit, (2) acted for the amusement, entertainment, sexual arousal, gratification, or profit of another person or on behalf of another person, or (3) recorded to degrade or abuse another person.

Your age, the alleged victim's age, and any past convictions for similar crimes will determine the charge against you and the potential legal consequences.

Charges and Criminal Penalties 

Video voyeurism may be charged as a:

  • Second-degree felony. If you record a child or have been previously convicted of a similar crime, you may be charged with a second-degree felony and sentenced to up to 15 years in prison and a fine of up to $10,000. Video voyeurism against a minor is a Level 6 offense, and your criminal record may not be sealed.
  • Third-degree felony. If you are 19 or older and this is your second or subsequent offense, you may be charged with a third-degree felony. If you are convicted, you may be sentenced to up to five years in prison and fined up to $5,000.
  • First-degree misdemeanor. If you have no prior voyeurism convictions or you are under the age of 19, you may be charged with a first-degree misdemeanor and face a potential sentence of up to one year in jail and a fine of up to $1,000.

You could face additional related charges that add to your potential sentence. Additionally, you will face the other lifelong consequences of a criminal conviction.

However, it’s essential to remember that an arrest is not a conviction. Our experienced Florida criminal defense lawyers will consider all potential defenses and fight hard to protect your rights.

How to Choose a Key West Sex Crimes Defense Lawyer

Whether you were on vacation in Key West or live in Monroe County, you need a local criminal defense lawyer to investigate what happened, protect your constitutional rights, and fight for your future. As you look for a lawyer, we encourage you to consider:

  • Experience. Robert is Florida Bar board-certified as an expert/specialist in criminal trial law. Together, our attorneys have more than 60 years of combined experience.
  • Communication and availability. Our clients are not just numbers to us. We know your freedom is at stake, and we will provide you with the personal attention you deserve.
  • Approach. We leave no stone unturned and no defense left unconsidered. Our work ethic is unparalleled.
  • Personal comfort level. You are hiring someone to do a critical job for you. Not all criminal defense lawyers offer free consultation, but we believe it is essential. We want you to be confident in your decision to hire us.

Our client Tracey said this about working with Robert, “From the moment we sat down to discuss our case we felt like Robert truly cared about our results. He was honest, forthcoming and very positive about the options we had. He gave us the worst and best scenario and then delivered better than we even hoped for. The respect he received from other lawyers and peers in the courtroom shows his character and experience even more.” You can read more of our client testimonials here to learn more about what our clients think about us.