Darien Voyeurism Lawyer
If you were accused of voyeurism, consider consulting with a top defense attorney. A Darien voyeurism lawyer could help protect your rights and minimize the negative consequences, even if police have not yet filed charges.
What is Voyeurism?
Voyeurism involves photographing, recording, or watching someone without their consent. However, to be a crime, the person accused of voyeurism must have acted with a particular state of mind. Under Connecticut General Statutes (C.G.S.) §53a-189a, actions must be committed either with malice or with intent to arouse or satisfy sexual desires.
In addition, the defendant must also act “knowingly.” Therefore, a Darien lawyer may be able to defend against voyeurism charges by demonstrating that the person accused acted with a different intent or by accident.
What Actions Constitute Voyeurism?
Filming, recording, or photographing someone in a place that is not considered to be in plain view and where that person would reasonably expect to have privacy can be treated as criminal voyeurism if the person recorded did not consent to have their image taken. Similarly, observing someone in their home while trespassing can also be considered voyeurism.
If someone takes photographs of another person’s pubic or genital area, or buttocks, they may be found guilty of voyeurism even if the person is wearing underwear and even where there is no expectation of privacy, so long as those body parts are not in plain view. The question of what constitutes “plain view” can be open to debate. A common example though is taking pictures up someone’s skirt, even if you are in public this is still illegal. An attorney in Darien may be able to argue successfully that a situation involving voyeurism actually involved someone who was in plain view and therefore no violation occurred.
What are the Penalties for Watching Someone without their Consent?
Voyeurism and disseminating voyeuristic material, which is prohibited under C.G.S. §53a-189b, are both felonies. In most instances, they are prosecuted as Class D felonies punishable by fines of up to $5,000 and a five-year prison sentence.
However, if the person observed or photographed was under 16 years of age, the crime of voyeurism is treated as a Class C felony. The maximum sentence increases to ten years and the fine can be as high as $10,000. Subsequent voyeurism offenses will also be treated as Class C felonies.
The code includes a related misdemeanor offense, “unlawful dissemination of an intimate image,” in C.G.S. §53a-189c. A lawyer in Darien may be able to demonstrate that an incident charged as voyeurism should be treated as the lesser misdemeanor offense instead.
Contact a Darien Voyeurism Attorney
A Darien voyeurism lawyer could help gather evidence, prevent missteps that could jeopardize a case, and advocate to help reach a positive outcome. To learn more about the benefits of working with an experienced defense attorney, call now.