New Canaan Voyeurism Lawyer
If you are facing charges connected with voyeurism, you should plan to give serious consideration to your defense with the help of a top-ranked attorney. A New Canaan voyeurism lawyer could work to fight the charges and protect your rights throughout the process.
How Does Connecticut Define Voyeurism?
Connecticut General Statutes (C.G.S.) §53a-189a defines the crime of voyeurism as situations where an individual wrongfully watches or photographs to arouse or gratify sexual desire or situations where someone maliciously records another without their knowledge or consent.
What Does Recording with Malice Mean?
Traditionally, malice is defined as ill will. If a person maliciously photographs or otherwise records a person without their knowledge and consent in a situation where that person has a reasonable expectation of privacy, the photographer can be guilty of voyeurism even if he or she doesn’t do so for a sexual purpose.
A New Canaan voyeurism lawyer may be able to demonstrate that there was no reasonable expectation of privacy under the circumstances and therefore any actions that you allegedly took did not constitute voyeurism.
What Is Recording to Gratify Sexual Desires?
If a photograph or other recorded image is taken in a situation where the alleged recorded person has a reasonable expectation of privacy and that person has not consented, it may be considered voyeurism if the image is recorded to arouse or satisfy the sexual desires of the person taking the photograph or of any other person.
How Does Trespassing Affect a Charge?
A third means of committing voyeurism under the statute does not involve any recorded images but only observation. If a person trespasses and observes the subject in that person’s dwelling without their knowledge and consent, the act of watching may constitute voyeurism. However, the actions must be more than “casual or cursory” and must be undertaken to gratify sexual desires.
Is Photographing a Body Part Voyeurism?
If someone acting with the intent to arouse or satisfy sexual desires takes photographs or records images of the subject’s buttocks or genital area, they may be convicted of voyeurism even if those body parts are covered with undergarments at the time of the photograph.
The photographs must be taken without the knowledge and consent of the subject, but the subject does not need to have a reasonable expectation of privacy in order for the photography to be considered criminal voyeurism.
What Are the Penalties for Voyeurism?
If the alleged victim of the voyeurism is under the age of 16, then the crime is treated as a Class C felony. Voyeurism is also penalized as a Class C felony if you have a prior conviction for the offense or certain other sex crimes. In other situations, the law treats voyeurism as a Class D felony.
The maximum sentence for a Class D felony includes five years in prison and a fine of $5,000. These amounts double for a Class C felony, with a maximum sentence of ten years and a $10,000 fine. A New Canaan voyeurism lawyer could work to show that the crime, if it occurred at all, warrants the lowest possible penalty.
Work with an Experienced New Canaan Voyeurism Attorney
Having any felony on your record can create problems for years to come, but the damage may be especially harmful when the offense is a sex crime like voyeurism. Records of criminal convictions and even charges are visible online to anyone who undertakes a search.
A dedicated defense attorney could help you fight to keep your record clear. To learn more about the advantages a New Canaan voyeurism lawyer could provide in your situation, call now for a confidential consultation. Attorneys at Mark Sherman Law are ready to help you.