Video Voyeurism — Louisiana Laws

Louisiana Law Video Voyeurism

Video Voyeurism — La R.S. 14:243

What is Video Voyeurism?

Under the Louisiana Revised Statutes, the legal definition is:

The use of any camera, videotape, photo-optical, photo-electric, or any other image recording device, or an unmanned aircraft system equipped with any camera, videotape, photo-optical, photo-electric, or any other image recording device, for the purpose of observing, viewing, photographing, filming, or videotaping a person where that person has not consented to the specific instance of observing, viewing, photographing, filming, or videotaping and either:

(1)

  • It is for a lewd or lascivious purpose.

OR

  • The observing, viewing, photographing, filming, or videotaping of any vaginal or anal sexual intercourse, actual or simulated sexual intercourse, masturbation, any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals and this occurs in a place where an identifiable person has a reasonable.

(2)

  • The transfer of an image obtained by activity described above by live or recorded telephone message, electronic mail, the Internet, or a commercial online service.

Penalties

In general, whoever commits the crime of video voyeurism shall, upon a first conviction thereof, be fined not more than $2,000 dollars or imprisoned, with or without hard labor, for not more than 2 years, or both.

On a second or subsequent conviction, the offender shall be fined not more than $2,000 dollars and imprisoned at hard labor for not less than 6 months nor more than 3 years without benefit of parole, probation, or suspension of sentence.

Whoever commits the crime of video voyeurism when the videotaping is of sexual intercourse, masturbation, the female breast below the top of the areola or pubic hair, anus, cleft of the buttocks or genitals shall be fined not more than $10,000 dollars and be imprisoned at hard labor for not less than 1 year or more than 5 years, without benefit of parole, probation, or suspension of sentence.

Whoever commits the crime of video voyeurism when the videotaping is of any child under the age of 17 with the intention of arousing or gratifying the sexual desires of the offender shall be fined not more than $10,000 dollars and be imprisoned at hard labor for not less than 2 years or more than 10 years without benefit of parole, probation, or suspension of sentence.

A conviction for video voyeurism may require Sex Offender registration with the state for 15 years to be conducted annually.

Federal Video Voyeurism

The Video Voyeurism Protection Act of 2004 makes this an offense under federal law as well wherein the accused would be facing charges in a United States District Court. Under federal law the legal definition of Video Voyeurism is to knowingly and intentionally:

  • Capture an image of a private area of an individual,
  • Without that person’s consent,
  • Under circumstances in which that person has a reasonable expectation of privacy.

A person has a “reasonable expectation of privacy” if a reasonable person would believe that his or her private parts would not be visible or photographed at that time.

Generally, federal video voyeurism charges are filed when the offense occurs in a federal establishment or cases of voyeurism that involve multiple jurisdictions / crossing of state lines.

Penalties

Fines of up to $100,000 and up to 1 year in prison.

New Orleans Video Voyeurism Attorney

If you have been accused of video voyeurism, contact New Orleans criminal attorney Elizabeth B. Carpenter. She has experience defending these cases.

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