What Happens If I Am Charged with Voyeurism?

 Posted on November 27, 2024 in Sex Crimes

Under federal law, it is illegal to knowingly take an image of someone’s private area without his or her consent. This is called video voyeurism and it is a federal sex crime that carries prison time, heavy fines, and registration as a sex offender. The first step to defending yourself against video voyeurism charges is understanding the offense, the penalties for the crime, and what happens after you are charged. For more information and to start building your defense, contact a qualified Illinois federal criminal defense attorney.

What Is Video Voyeurism?

18 U.S.C. 1801, known as the Video Voyeurism Prevention Act of 2004, says that someone who intentionally takes an image or video of a person’s private area when that person had a reasonable expectation of privacy is guilty of video voyeurism.

Based on the language of the law, video voyeurism must contain the following elements:

• Intent: The defendant must capture the image intentionally, knowing it is an invasion of privacy.

• Lack of consent: The image must be captured without the person’s consent. 

• Expectation of privacy: The subject of the image must be able to reasonably expect that his or her private areas would remain private.

• Private areas: The image must be of a person’s private area, which can include exposed genitalia, genitalia covered by underwear, the pubic area, buttocks, or a female breast below the areola. 

If the offense is committed within any state, it will be prosecuted under that state’s voyeurism laws. It becomes federal when it occurs in U.S. territories, on federal property, or in places with unknown jurisdiction, like the high seas.

What Are the Penalties for Video Voyeurism?

Someone who is convicted of video voyeurism is guilty of a misdemeanor and may be sentenced to up to a year in jail with fines up to $100,000. The defendant may also have to register as a sex offender.

What Happens if I Am Charged With Video Voyeurism?

If you are charged with video voyeurism, the criminal justice process will likely follow these steps:

• Arraignment: You will appear with your attorney before a judge, usually within 48 hours of being charged. The charges will be read and you will enter a plea of either guilty, not guilty, or no contest. The judge will determine whether to grant you bail and set the conditions.

• Pretrial: Your attorney will gather evidence and prepare your defense. Any pretrial motions, such as a motion to dismiss the case or a motion to suppress evidence, will be filed during this phase. This phase is also when your attorney may negotiate a plea bargain with the prosecution, potentially avoiding a trial altogether.

• Trial: If the case goes to trial, your attorney and the prosecution will select a jury, present their arguments, and cross-examine witnesses. The prosecutor must prove your guilt beyond a reasonable doubt to secure a conviction.

• Verdict and sentencing: After closing arguments, the jury will deliberate and return a verdict of either guilty or not guilty. If not guilty, you will be free to go. If the verdict is guilty, the judge will determine your sentence based on certain guidelines.

• Appeal: In some cases, you may be able to appeal to a higher court to overturn your verdict based on certain evidence.

Contact a Chicago, IL Federal Video Voyeurism Defense Attorney

Video voyeurism is a federal offense that can seriously impact your future. At the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney, we work tirelessly to build effective defense strategies that protect our clients’ rights. Attorney Hal Garfinkel is a former prosecutor with nearly 30 years of experience who is committed to providing you with the best possible defense. Call 312-629-0669 to get a free consultation with a Chicago, IL federal criminal defense lawyer today.