Philadelphia Voyeurism & Invasion of Privacy
Have You Been Accused of Voyeurism or Invasion of Privacy?
If you face charges of voyeurism or invasion of privacy, you must take these accusations very seriously. Like any sex crime, you must deal with the actual criminal charges (and penalties in the event of a conviction), the social stigma, and the collateral consequences after you’ve served your criminal penalties. These collateral consequences—when voyeurism is charged as a felony offense—can include sex offender registration, difficulty finding employment or renting a home, an inability to obtain a professional license, and an inability to obtain a government student loan to attend college.
Voyeurism is much more prevalent today because of our modern technology. At one time, someone accused of voyeurism was called a “Peeping Tom.” A Peeping Tom was someone who lurked behind bushes and looked into the windows of others while they were changing clothes or engaging in intimate contact with another person.
Today, much more sophisticated technology allows someone to video another person during intimate moments without their knowledge. Voyeurism is considered a sex crime that could impact your life for a very long time. Because of this, you must have a strong legal advocate by your side from the moment you are charged with voyeurism/invasion of privacy.
Many of those charged with voyeurism use nothing more than a digital camera or the camera on their cell phone. Photographs or videos are taken of others during an intimate moment without the knowledge of the other person, then uploaded to websites, including pornographic websites.
We are all entitled to privacy when undressing, using the bathroom, or engaging in sexual activity. Because technology has made it so easy to invade the privacy of another, some state laws are seriously lagging in protecting individuals against an infringement of privacy.
Pennsylvania, on the other hand, directly addresses voyeurism and invasion of privacy, with relatively harsh punishment for violating these laws.
What Is Voyeurism and Invasion of Privacy?
Voyeurism charges relate to the following:
- Secret observations done elusively and can be considered spying or covertly watching another person.
- Observations that include indecent (sexual) motivations
- Observations in locations where we have come to expect privacy, such as our own homes, a public restroom or dressing room, or any other location where we can reasonably expect privacy.
Video voyeurism involves using technology to furtively or covertly not only watch another person in a situation where that person could reasonably expect privacy but also to video or photograph the person, potentially posting the images on the internet. The motive may be amusement, profit, sexual gratification, or an intent to degrade, embarrass, or humiliate another person. While voyeurism and video voyeurism are watching and potentially recording, there may be additional charges if the images are distributed.
It is important to note that you could face several different violations and charges as a result of a single act, depending on whether there is more than one victim you were watching or filming at the same time or if you have watched or filmed a single person on more than one occasion.
As an example, if you installed a webcam in a bedroom that captured multiple people or multiple separate incidents, you could face multiple charges, even though the camera was only placed one time. The penalties for these multiple violations could run concurrently or consecutively, putting you at significant risk of spending a very long time in jail or prison.
Pennsylvania Statute for Voyeurism and Invasion of Privacy
18 Pa.C.S. § 7507.1. Invasion of privacy. (2005)
(a) OFFENSE DEFINED.– Except as set forth in subsection (d), a person commits the offense of invasion of privacy if he, for the purpose of arousing or gratifying the sexual desire of any person, knowingly does any of the following:
(1) Views, photographs, videotapes, electronically depicts, films, or otherwise records another person without that person’s knowledge and consent while that person is in a state of full or partial nudity and is in a place where that person would have a reasonable expectation of privacy.
(2) Photographs, videotapes, electronically depict, films, or otherwise records or personally views the intimate parts, whether or not covered by clothing, of another person without that person’s knowledge and consent and which intimate parts that person does not intend to be visible by normal public observation.
(3) Transfers or transmits an image obtained in violation of paragraph (1) or (2) by living or recorded telephone message, electronic mail, or the Internet or by any other transfer of the medium on which the image is stored.
(a.1) SEPARATE VIOLATIONS.– A separate violation of this section shall occur:
(1) for each victim of an offense under subsection (a) under the same or similar circumstances pursuant to one scheme or course of conduct, whether at the same or different times; or
(2) if a person is a victim of an offense under subsection (a) on more than one occasion during a separate course of conduct, either individually or otherwise.
(b) GRADING.– Invasion of privacy is a misdemeanor of the second degree if there is more than one violation. Otherwise, a violation of this section is a misdemeanor of the third degree.
(c) COMMENCEMENT OF PROSECUTION.– Notwithstanding the provisions of 42 Pa.C.S. Ch. 55 Subch. C (relating to criminal proceedings), a prosecution under this section must be commenced within the following periods of limitation:
(1) two years from the date the offense occurred; or
(2) if the victim did not realize at the time that there was an offense, within three years of the time the victim first learns of the offense.
(d) EXCEPTIONS.– Subsection (a) shall not apply if the conduct proscribed by subsection (a) is done by any of the following:
(1) Law enforcement officers during a lawful criminal investigation.
(2) Law enforcement officers or personnel of the Department of Corrections or a local correctional facility, prison, or jail for security purposes or during an investigation of alleged misconduct by a person in the custody of the department or local authorities.
(e) DEFINITIONS.– As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
“Full or partial nudity.” Display of all or any part of the human genitals or pubic area or buttocks, or any part of the nipple of the breast of any female person, with less than a fully opaque covering.
“Intimate part.” Any part of:
(1) the human genitals, pubic area, or buttocks; and
(2) the nipple of a female breast.
“Photographs” or “films.” Making any photograph, motion picture film, videotape, or any other recording or transmission of the image of a person.
“Place where a person would have a reasonable expectation of privacy.” A location where a reasonable person would believe that he could disrobe in privacy without being concerned that his undressing was being viewed, photographed, or filmed by another.
“Views.” Looking upon another person with the unaided eye or with any device designed or intended to improve visual acuity.
What Are the Penalties for Voyeurism/Invasion of Privacy?
If you are not charged with multiple offenses, a first-time offense of voyeurism/invasion of privacy is charged as a third-degree misdemeanor. If convicted of this third-degree misdemeanor, you could face six months to one year in prison and fines as large as $2,500.
If there are multiple violations of voyeurism/invasion of privacy, you face a second-degree misdemeanor. You could get sentenced to 1-2 years in prison and ordered to pay a fine as large as $5,000. If you have multiple convictions for voyeurism or invasion of privacy, multiple offenses, or post the images to a pornography website, you could potentially face felony charges.
What Are the Potential Defenses to Voyeurism and Invasion of Privacy?
While the defense your attorney uses will depend on the circumstances and facts surrounding your charges, below are some of the most commonly used defenses:
- There was no reasonable expectation of privacy. For example, if you were watching others at a public nude beach—or taking videos or photographs—there is little expectation of privacy because those at the beach would normally expect their nudity to be in plain view of others.
- There was no sexual intent in the voyeurism or invasion of privacy. The state must show that the video or photographs could be perceived as intended to cause sexual stimulation by any reasonable observer. If the recording was made for artistic reasons, depending on where the images were taken, it could be more difficult to secure a conviction.
- There was consent on the part of the other person or persons to be looked at, photographed, or videotaped.
- Your rights were violated in securing the evidence, or your Miranda rights were not read to you. You might also have been denied a lawyer even after asking for one. If there was an unreasonable search and seizure, the evidence could be thrown out, and there would be no evidence against you, so the charges would likely be dismissed.
Why Do You Need an Attorney When Charged with Voyeurism or Invasion of Privacy?
You must speak to a Philadelphia sex crimes defense attorney soon after you have been charged with voyeurism or invasion of privacy. You want to ensure that, whenever possible, your charges can be downgraded to lesser charges or dismissed entirely. Your attorney will negotiate for lesser sentencing if there is simply no way to avoid a conviction.
Having an attorney who will fight for your rights and your future after you have been charged with voyeurism is extremely important. Your attorney will thoroughly investigate your charges, looking for any facts that could lessen your charges or penalties.
Helping Those Across Philadelphia
Our team of experienced Pennsylvania sex crime defense attorneys will be there to help you the moment you get charged with a sex crime. Our lawyers will work on building a defense designed to expose the holes in the prosecution’s case against you.
Our Philadelphia Center City location is: Two Penn Center Plaza, Suite 200, Philadelphia, PA, and we make ourselves available to meet with you locally throughout Pennsylvania.
When you have been accused of a sex offense in Philadelphia you need justice; and you need a top criminal defense lawyer with years of experience winning the tough cases: contact the Justice for the Accused Criminal defense team today. Contact us 24/7 at (215) 515-6111.