Could Voyeurism Be Charged as a Federal Crime?

 Posted on January 20, 2025 in Criminal Defense

Voyeurism, the act of secretly watching or recording someone without their consent for personal gratification, is commonly prosecuted at the state level. However, there are circumstances where voyeurism could escalate into a federal crime. When this happens, the stakes become significantly higher, with more severe penalties and lifelong consequences. An experienced Chicago, IL federal criminal defense attorney can help if you are facing federal voyeurism charges.

When Does Voyeurism Become a Federal Crime?

Voyeurism can be prosecuted as a federal offense under certain conditions. Federal law applies if the crime involves interstate or international activity, such as transmitting images or videos across state lines or using the internet to distribute recordings. 

Specifically, voyeurism may fall under federal laws like the Video Voyeurism Prevention Act of 2004, which makes it a crime to record or photograph someone in private areas on federal property, such as government buildings or national parks, without their consent.

Additionally, voyeurism could be charged federally if it involves other criminal activities, such as:

• Cybercrimes: Using hacking or malware to access private webcams or devices.

• Human Trafficking: Coercing or exploiting people to engage in behavior that could be recorded for voyeuristic purposes.

• Child Exploitation: If minors are involved, charges may also include child pornography offenses, which carry harsh federal penalties.

Federal Penalties for Voyeurism

Federal penalties for voyeurism vary depending on the circumstances. Violations of the Video Voyeurism Prevention Act can result in fines, imprisonment of up to one year, or both. If voyeurism is linked to other crimes, such as hacking or the exploitation of minors, the penalties are much harsher. 

For example, federal hacking offenses may result in up to 10 years in prison and child exploitation charges can lead to mandatory minimum sentences of 15 years, with the possibility of much longer terms. These charges often come with additional consequences, such as mandatory registration as a sex offender, restricted employment opportunities, and reputational damage.

Defending Against Federal Voyeurism Charges

Federal voyeurism cases are complex and often involve evidence obtained through digital forensics or surveillance. A skilled attorney will evaluate the facts, challenge bad or illegal evidence, and present a strong, strategic defense tailored to your case.

Contact an Illinois Federal Criminal Defense Attorney

If you are facing federal voyeurism charges, it is crucial to have experienced legal representation. Contact our Chicago, IL federal criminal defense attorney at Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney today for a free, confidential consultation about these sensitive charges. Call 312-629-0669 to learn how we can protect your rights and build a strong defense against these serious allegations.