In Florida, voyeurism is known as being a “Peeping Tom,” and there are specific statutes that make this group of behaviors illegal. Since this enactment, there has been a measurable increase in the number of innocent people arrested for this crime.
Here’s a breakdown of voyeurism laws in Florida, potential defenses against a “Peeping Tom” charge, and how an experience Okaloosa criminal defense attorney can be your best ally during this challenging time.
Florida’s “Peeping Tom’ Statute
The State of Florida defines voyeurism as observing someone else in secret, particularly while they are nude or in a state of undress, without that person’s consent or knowledge. However, there are several criteria that must be met for a behavior or set of behaviors to be considered voyeuristic in nature.
The person being observed must be in a place where they have a reasonable expectation of privacy, such as their home or a restroom. They must also be able to prove that the person observing them had “lewd and lascivious intent” to secretly monitor the person while they were indecent.
Defenses Against Voyeurism Charges
- You did not have lewd or lascivious intent. Your defense attorney may be able to argue that you did not mean to observe the person in a state of undress and simply did so by accident.
- There was no reasonable expectation of privacy. For example, if the person was changing in an open area on the beach and not in a bathhouse, they would not have a reasonable expectation of privacy. Or, say the person was at home, but routinely and purposely opened their blinds with the lights on just before undressing.
- The person who was observed did so by indecent exposure. Florida’s “Peeping Tom” laws do not protect individuals who expose their sex organs to others willingly, particularly in an indecent exposure situation. A person who inadvertently saw the uncovered sex organs of someone who exposed them will generally not be pursued as a “Peeping Tom,” since they were not willingly or knowingly engaged in the viewing of that person’s state of undress.
How an Okaloosa Criminal Defense Attorney Help You
Reach out to Florida criminal defense and family lawyer T. Martin Knopes today for comprehensive criminal defense. Call now at (850) 683-0700 to book an appointment for a free consultation. We are available now to serve you.