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Video Voyeurism Defense2020-01-10T03:18:07+00:00

Video Voyeurism Defense Attorney

Are you facing charges of voyeurism or video voyeurism in Louisiana?

The crime of video voyeurism generally occurs when an individual uses a camera to capture images or videos of another person in a private situation, such as dressing (or undressing), using the bathroom or engaging in sexual activity. Charges for voyeurism have also been brought against a person taking photographs of a female by placing the camera in a position to see up her skirt.

During the past 10 years, more and more people are being accused of video voyeurism. Ms. Carpenter, a New Orleans sex offense attorney, has defended many individuals in these types of cases.

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.

Federal Video Voyeurism Attorney

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 territory (national park, post office, VA building, Military Bases etc..) or cases of voyeurism that involve multiple jurisdictions / crossing of state lines.

New Orleans Sex Crimes Attorney

Video Voyeurism can be considered a misdemeanor or felony. The penalties and seriousness of the offense depends on the age of the victim and the body parts that were photographed or videoed. A conviction can lead to a jail sentence, fines, prison terms, registration as a sex offender, probation, court-ordered counseling, and even civil lawsuits.

Contact New Orleans Criminal Attorney

Although these cases require a lot of work and expertise to defend, in some cases there are viable defenses. A conviction on charges of voyeurism or video voyeurism can have serious and lasting consequences.  Attorney Elizabeth B. Carpenter has the necessary experience and knowledge to advocate for you. Contact our office today to schedule a consultation by calling (504) 599-5955. 

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