ROYAL PALM BEACH FL VIDEO VOYEURISM DEFENSE LAWYERS

WITH OFFICES IN BOCA RATON, FLORIDA

voyeurismAfter a significant push to enhance the penalties associated with sexual offenses in Florida, State legislators recently passed Bill SB 526, which was signed into law by Governor Rick Scott on April 1, 2014 and is scheduled to take effect on October 1, 2014.

This law significantly increases punishments for those convicted of sex crimes, imposing lengthy mandatory-minimum sentences, increasing maximum penalties for a number of crimes, and disallowing the issuance of gain-time to incarcerated sex offenders.*

Additionally, SB 526 requires all sex offenders who do not receive the maximum prison sentence to be monitored under life-long community supervision. Clearly, Florida looks harshly upon those convicted of sex crimes, making it even more critical for individuals charged with these offenses to hire a formidable defense attorney. Arnesen Law is a group of talented legal professionals who frequently appear on behalf of clients facing any number of charges for sex crimes in South Florida, ranging from video voyeurism to prostitution-related and sexual battery (rape) offenses.

With notoriously hard-working and passionate leader Jay Arnesen at the firm’s helm and a practice devoted solely to clients charged with criminal and DUI offenses, the lawyers at Arnesen Law have the skills and experience required to successfully represent their clients, as they formulate calculated defenses based on each individual’s case. Notably, the firm’s founding partner and former police officer, Jay Arnesen, utilizes his professional background to provide unique insight into the formulation of the State’s case, anticipating and targeting potential weaknesses.

With offices conveniently located in Boca Raton and Fort Lauderdale, Arnesen and his attorneys assist clients facing charges throughout South Florida, including Royal Palm Beach, Boynton Beach, and Atlantis. Contact the offices of Arnersen Law anytime at 561-419-9630 for a free consultation about your case.

As a former police officer, I used to help prosecute these charges for the State. Now, let me use my training and experience to combat these charges for you in court.” Jay Arnesen, Esq.

*Gain time: deductions from sentences designed to encourage satisfactory prisoner behavior, to provide incentive for prisoners to participate in productive activities, and to reward prisoners who perform outstanding deeds or services.

Video Voyeurism – Florida Statutes Section 810.145

The Florida Criminal Code distinguishes between crimes for simple voyeurism and those labeled “video voyeurism.” Chapter 810, Section 145 of the Florida Statutes governs charges for video voyeurism, defining these crimes as third degree felonies, and in some cases, even second degree felonies, depending on the circumstances of the specific case. It is important to note that individuals accused of video voyeurism who are under the age of 19 are subject to lesser charges, as these crimes are classified as first degree misdemeanors.

According to Section 810.145:

(1)   A person commits the offense of video voyeurism if that person:

(a) For his or her own amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading or abusing another person, intentionally uses or installs an imaging device to secretly view, broadcast, or record a person, without that person’s knowledge and consent, who is dressing, undressing, or privately exposing the body, at a place and time when that person has a reasonable expectation of privacy;

(b) For the amusement, entertainment, sexual arousal, gratification, or profit of another, or on behalf of another, intentionally permits the use or installation of an imaging device to secretly view, broadcast, or record a person, without that person’s knowledge and consent, who is dressing, undressing, or privately exposing the body, at a place and time when that person has a reasonable expectation of privacy; or

(c) For the amusement, entertainment, sexual arousal, gratification, or profit of oneself or another, or on behalf of oneself or another, intentionally uses an imaging device to secretly view, broadcast, or record under or through the clothing being worn by another person, without that person’s knowledge and consent, for the purpose of viewing the body of, or the undergarments worn by, that person.

(2)   A person commits the offense of video voyeurism dissemination if that person, knowing or having reason to believe that an image was created in a manner described in this section, intentionally disseminates, distributes, or transfers the image to another person for the purpose of amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading or abusing another person.

(3)   A person commits the offense of commercial video voyeurism dissemination if that person:

(a) Knowing or having reason to believe that an image was created in a manner described in this section, sells the image for consideration to another person; or
(b) Having created the image in a manner described in this section, disseminates, distributes, or transfers the image to another person for that person to sell the image to others.

(4) This section does not apply to any:

(a) Law enforcement agency conducting surveillance for a law enforcement purpose;
(b) Security system when a written notice is conspicuously posted on the premises stating that a video surveillance system has been installed for the purpose of security for the premises;
(c) Video surveillance device that is installed in such a manner that the presence of the device is clearly and immediately obvious; or
(d) Dissemination, distribution, or transfer of images subject to this section by a provider of an electronic communication service as defined in 18 U.S.C. s. 2510(15), or a provider of a remote computing service as defined in 18 U.S.C. s. 2711(2). For purposes of this section, the exceptions to the definition of “electronic communication” set forth in 18 U.S.C. s. 2510(12)(a), (b), (c), and (d) do not apply, but are included within the definition of the term.

(5) Except as provided in subsections (6) and (7):

(a) A person who is under 19 years of age and who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) A person who is 19 years of age or older and who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) A person who violates this section and who has previously been convicted of or adjudicated delinquent for any violation of this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(7)   (a) A person who is:

1. Eighteen years of age or older who is responsible for the welfare of a child younger than 16 years of age, regardless of whether the person knows or has reason to know the age of the child, and who commits an offense under this section against that child;
2. Eighteen years of age or older who is employed at a private school as defined in s. 1002.01; a school as defined in s. 1003.01; or a voluntary prekindergarten education program as described in s. 1002.53(3)(a), (b), or (c) and who commits an offense under this section against a student of the private school, school, or voluntary prekindergarten education program; or
3. Twenty-four years of age or older who commits an offense under this section against a child younger than 16 years of age, regardless of whether the person knows or has reason to know the age of the child
commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) A person who violates this subsection and who has previously been convicted of or adjudicated delinquent for any violation of this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Video Voyeurism – Potential Penalties

First Degree Misdemeanor Video Voyeurism: maximum term of 1 year in the county jail and fines not to exceed $1,000

Third Degree Felony Video Voyeurism: maximum sentence of 5 years in prison, up to 5 years of probation, and fines not to exceed $5,000

Second Degree Felony Video Voyeurism: maximum sentence of 15 years in prison, up to 15 years of probation, and fines not to exceed $10,000

Contact Our Palm Beach County Video Voyeurism Defense Lawyers for a Free Consultation

The skilled attorneys at Arnesen Law appear frequently on behalf of clients accused of video voyeurism in South Florida and they know what it takes to beat these charges. Feel free to contact the firm anytime at 561-419-9630 for a no-cost consultation about your case.

Tell Us About Your Case

Jay Arnesen is a retired police officer turned criminal defense attorney who now defends clients charged with criminal and traffic (DUI) offenses in South Florida. With offices conveniently located in Fort Lauderdale and Boca Raton, Mr. Arnesen appears in courts throughout South Florida on a regular basis. Protect your rights, contact experienced criminal defense lawyer Jay Arnesen anytime for a free initial consultation at 866-347-6296.

Arnesen Law, P.A.

Areas We Serve

Palm Beach County, Atlantis, Belle Glade, Boca Raton, Boynton Beach, Briny Breezes, Cloud Lake, Delray Beach. Glen Ridge, Greenacres, Gulf Stream, Haverhill, Highland Beach, Juno Beach, Jupiter, Lake Park, Lake Worth, Manalapan, North Palm Beach, Ocean Ridge, Palm Beach, Palm Beach Gardens, Palm Springs, Riviera Beach, Royal Palm Beach, Wellington, West Palm Beach

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Boca Raton

1825 NW Corporate Blvd. Suite 110

Boca Raton, FL 33431

  (201) 556-1570  

Fort Lauderdale

633 South Andrews Avenue

Fort Lauderdale, FL 33301

  (866) 317-5164  

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