Houston Voyeurism Lawyer
Voyeurism is a serious criminal offense in Texas that involves invading another person’s privacy without their consent. This crime is typically characterized by observing, recording, or capturing images of individuals in private settings, where they have a reasonable expectation of privacy.
Given the intrusive nature of voyeurism, Texas law treats these charges with great severity. If you’ve been charged with voyeurism in Houston, contact the Law Offices of Ned Barnett today. We offer free and confidential consultations — call (713) 222-6767 today.
What is Voyeurism Under Texas Law?
Under Texas Penal Code Section 21.17, voyeurism (also knowing as the “Peeping Tom” law) is defined as the act of observing or recording someone without their consent to arouse or gratify sexual desire, typically in a place where they have a reasonable expectation of privacy such as a home, restroom, or locker room.
This can include activities like using cameras, smartphones, or other devices to capture images or videos of individuals engaged in private acts, such as changing clothes or using the bathroom.
What’s a Reasonable Expectation of Privacy?
This is the legal element that determines which places and which activities a person has a legal right to keep private. The most common example of where you have a reasonable expectation of privacy is in the home, but can to extend places where the average person would be offended at being intruded upon.
To be convicted of criminal voyeurism, the victim must have had a reasonable expectation of privacy in addition to the prosecutor proving that you acted with sexual motives. For instance, looking over a fence into a private swimming area may not be considered voyeurism if the suspected perpetrator was reacting to calls for help.
Criminal Penalties for Voyeurism in Houston
In Texas, voyeurism is classified as a Class C misdemeanor, which typically carries a fine of up to $500.
Repeat offenders can face a more severe class B misdemeanor charge, which is punishable by up to 180 days in jail and a maximum fine of $2,000. If the victim is under the age of 14, voyeurism can be charged as a state jail felony, carrying a jail sentence of between six months and two years and a maximum fine of $10,000.
Additional Consequences of a Voyeurism Conviction
A conviction for voyeurism can lead to significant non-criminal consequences that extend beyond legal penalties. You could face challenges securing employment or promotions, particularly in fields requiring a high level of trust, such as education and healthcare. The social stigma associated with a voyeurism conviction can damage personal relationships and your reputation in your community.
Defenses Against Voyeurism Charges in Houston
Defending against voyeurism charges involves several potential strategies tailored to the specifics of each case. Common defenses include arguing a lack of intent to invade privacy, which can demonstrate that the actions were misinterpreted. Mistaken identity can also be a viable defense, where the accused proves they were not involved in the alleged behavior.
Additionally, if consent was given or the individual being recorded was aware of the actions, this can negate the charges. A skilled defense attorney will thoroughly examine the evidence presented by the prosecution and work diligently to protect the rights of the accused throughout the legal process.
Peeping Tom or a Misunderstanding?
The facts surrounding voyeurism cases aren’t always so clear-cut. Many times, allegations are made against people who were in the wrong place at the wrong time.
There may not be clear proof that you acted out of lust, but a prosecutor may push that conclusion. For example, if the victim was nude and you allegedly watched them for a significant time, the jury might conclude that you had sexual intent.
How Can an Attorney Help in Voyeurism Cases?
A knowledgeable lawyer for voyeurism charges in Houston is essential to reach the most favorable outcome in your case. They provide crucial assistance by assessing the case, identifying weaknesses in the prosecution’s evidence, and formulating a tailored defense strategy.
Your attorney can gather necessary evidence, such as witness statements and relevant documentation, to support the defense. Your lawyer will also represent you in court, advocating on your behalf and challenging the prosecution’s claims.
FAQs about Voyeurism Charges in Texas
Can I be charged with voyeurism if I used my phone to take pictures?
Yes, using a phone or any recording device to take pictures or videos of someone without their consent in a private setting can lead to voyeurism charges under Texas law.
Is voyeurism the same as invasive visual recording?
No, voyeurism and the invasive visual recording law are not the same, although they are related. Voyeurism generally involves observing or recording individuals in private settings without their consent, while invasive visual recording is a felony that specifically addresses the use of devices to capture photo, video, or other recordings.
Can I be charged with voyeurism for recording someone in public?
Texas voyeurism laws apply to private settings where the victim has a reasonable expectation of privacy. Recording someone in a public place typically does not constitute voyeurism, unless the recording is done in a way that violates the victim’s privacy, such as under their clothing.
Is it illegal to watch someone performing a sex act?
It depends on the circumstances and context. If the individuals involved are aware of being watched and have given consent, it may not be illegal. However, if the act is occurring in a private setting where there is a reasonable expectation of privacy, such as in a home or hotel room, and one person is watching without consent, it could be considered voyeurism and result in legal consequences.
Do I have to register as a sex offender if convicted of voyeurism in Texas?
In most cases, no. However, if the voyeurism offense involved a minor victim, the defendant may be required to register as a sex offender. The registration requirement depends on the specific circumstances of the case.
Charged with Voyeurism in Houston? Call the Law Offices of Ned Barnett
If you or a loved one have been accused of violating Texas peeping tom laws it is important to remain silent and contact a lawyer right away. Often people in these situations make statements they think will help, but typically do more harm than good. They may make comments to the police that could be used as evidence of their sexual intent.
Contact the Law Offices of Ned Barnett today at (713) 222-6767 to begin building your defense.