Charged with Voyeurism?
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Voyeurism, according to [Texas Penal Code § 21.17] such as when the victim is in a dwelling or structure.” Most often, this means in the victim’s home or privacy-fenced yard; but public places where one usually expects privacy are also included.
Until 2015, those who were suspected of voyeuristic behavior were charged with disorderly conduct, which is a Class C misdemeanor and punishable by a fine of up to $500; but doesn’t involve any jail time. However, in 2015, the Texas Legislature officially added a new, harsher, Voyeurism law to the Texas Penal Code.
Today, suspected voyeurs face more serious penalties if they are convicted. Now, the offenders can receive the following penalties, depending on the circumstances and/or if the suspect is a repeat offender include:
- Class C Misdemeanor – A fine of up to $500 (the same as before if it’s a first offense) unless the victim is under 14 or the suspect has two or more previous Voyeurism convictions
- Class B Misdemeanor – A jail sentence of up to six months and/or a fine of up to $2,000 for second and subsequent convictions; or
- State Jail Felony – Confinement in a state (not county) jail and/or a fine of up to $10,000 if the victim is a minor under the age of 14.
The “Peeping Tom” Law Further Explained
Many prosecutors will argue that behaviors such as voyeurism can quickly lead to more serious offenses such as Sexual Assault, Aggravated Sexual Assault, and sex crimes involving minors. This was one of several reasons why the new Peeping Tom law was recently added to the Penal Code. Now crimes of this sort are treated much more seriously than the original crime of disorderly conduct.
The issue of whether the victim has a reasonable expectation of privacy is also vital in prosecutors obtaining a conviction. It must be proven that the suspect acted with sexual motives. And the distinction must be clear enough to prove guilt beyond a reasonable doubt.
An innocent peek over a privacy fence into a private swimming pool in someone’s backyard in and of itself is not generally considered voyeurism. But if a couple is having sex in their back yard Jacuzzi, and the alleged voyeur is sexually gratified while viewing them by looking over or through the fence, the suspect runs a greater risk of being charged with Voyeurism.
The Ease of Prosecuting, and Difficulty Defending Voyeurism Charges
The facts surrounding any criminal complaint are often unique. And Peeping Tom cases aren’t always open-and-shut. Whether the suspect acted lustfully or not often forces a prosecutor to introduce more evidence that points to the suspect’s guilt.
So if, for example, the police get a call from someone complaining of an intruder on their property, and a suspect is arrested who has a video on their smartphone of the person who made the call being half-naked changing clothes in their bedroom a few minutes ago, the prosecution is closer to getting a conviction. Under these circumstances, it is likely the suspect would also be charged with Invasive Visual Recording [TPC § 21.15], which is a felony.
Or if the victim was sunbathing in the nude and the suspect allegedly watched them for a significant amount of time, it could be easier for the prosecution to prove the sexual intent behind the perpetrator’s actions. Spying on others in designated changing rooms at a public pool or clothing store would also likely meet this threshold.
A New and Serious Wrinkle to the Voyeurism/Peeping Tom Law
Nicknamed the “Revenge Porn” law, it limits what you can do with photographs and videos involving nudity or sexual conduct. If the image or video is shared or displayed without the consent of the person or persons involved, the suspect can be convicted of a Class A misdemeanor with a fine of up to $4,000 and state jail time of up to one year. If Voyeurism is also charged, convicted suspects might be looking at the maximum time for the Class A than they would if Voyeurism was not a “companion” charge.
Recent clarifications of the conditions for when this crime can be charged and the prosecution’s burden of proof which can result in a conviction was added to the Penal Code in September 2019.
Since these clarifications are so new, they have yet to stand the appeals process. Some legal scholars already suspect that these latest additions could be unconstitutional based on free-speech grounds. And as the new code is written, there are no allowed exceptions. This – according to legal experts – could offer prosecutors the opportunity to abuse this law and its constitutionality.
Need Help Fighting Voyeurism Charges in Harris County?
Call Attorney Jack B. Carroll for Legal Advice & Representation, Today.
If you’re convicted of Peeping Tom, it means a nasty entry on your criminal background. With the legal representation provided by Jack B. Carroll & Phil Stephenson, such a fate could be avoided.
Call Jack B. Carroll & Associates today at 713-228-4607 so we can sit down and discuss the details of your case and the options that may be available to beat the charge against you.
We’re here to help.