Voyeurism refers to the invasion of another’s privacy for sexual gratification without their knowledge. It may involve watching, recording, or trespassing to view someone in a state of undress or engaging in private acts.
Cases can involve hidden cameras, unauthorized surveillance, or intentional peeping into private spaces. However, misunderstandings such as inadvertently glancing into someone’s window, mistaken identity, or unwillingly witnessing an obscene situation can also lead to false accusations.
Penalties for voyeurism in Ohio vary, ranging from a third-degree misdemeanor for basic violations to a felony in cases involving minors or repeated offenses.
Cincinnati Lawyer for Voyeurism Charges In Ohio
Voyeurism charges can stem from simply being in the wrong place at the wrong time. If you have been accused of voyeurism by law enforcement or an alleged victim, consult a criminal defense lawyer immediately. Do not speak to the police without legal representation.
The Wieczorek Law Firm, LLC is led by a former Ohio prosecuting attorney with over 16 years of experience in criminal defense, including sex-related offenses. Mark Wieczorek serves Hamilton County, including the greater Cincinnati metropolitan area.
Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our online contact form.
Overview of Voyeurism Charges in Ohio
- What Are the Laws on Voyeurism in Ohio?
- Jury Considerations in Voyeurism Cases
- Examples of Voyeurism Charges
- Defenses to Voyeurism Charges in Ohio
- Frequently Asked Questions
- Additional Resources
- Hire a Lawyer for Voyeurism in Hamilton County, OH
Voyeurism under Ohio Law
Trespassing to Spy or Eavesdrop
Under Ohio Revised Code Section 2907.08(A), it is illegal to trespass or secretly invade someone’s privacy to spy or eavesdrop for sexual arousal or gratification. This offense is classified as a misdemeanor of the third degree, punishable by up to 60 days in jail and a fine of up to $500.
Recording in Private Settings
Section 2907.08(B) prohibits secretly recording someone in a place where they have a reasonable expectation of privacy, such as bathrooms or dressing rooms. This includes videotaping, photographing, or broadcasting. Violations are misdemeanors of the second degree, carrying penalties of up to 90 days in jail and a fine of up to $750.
Recording Minors
Section 2907.08(C) addresses the recording of minors in private settings for the purpose of viewing their private areas. Such acts are classified as felonies of the fifth degree, punishable by six to 12 months in prison and fines of up to $2,500. Offenders are also required to register as sex offenders.
Recording Through or Under Clothing
Section 2907.08(D) prohibits secretly recording through or under someone’s clothing to view their body or undergarments. This offense is a misdemeanor of the first degree, punishable by up to six months in jail and fines of up to $1,000.
Jury Considerations in Voyeurism Cases
In deciding whether someone is guilty of voyeurism under Ohio Revised Code Section 2907.08, a jury first considers whether the act took place in a location where the victim had a “reasonable expectation of privacy.” This means the setting must be one where individuals typically expect not to be observed or recorded.
Second, the jury evaluates intent. For most charges, the prosecution must demonstrate that the defendant acted for the purpose of sexually arousing or gratifying themselves. However, recent updates to the law allow certain offenses to be charged without proving intent related to sexual gratification.
Finally, the jury assesses whether the defendant’s actions were secretive or surreptitious, indicating a deliberate attempt to avoid detection. These elements work together to determine whether the defendant violated the law.
Examples of Voyeurism Charges
Voyeurism offenses under Ohio Revised Code Section 2907.08 vary significantly depending on the circumstances. Each classification reflects the level of intrusion and intent.
- Misdemeanor of the Third Degree (Section 2907.08(A)): An example includes trespassing onto a neighbor’s property and using binoculars to spy into their bathroom. This act involves invading privacy without recording but for the purpose of sexual gratification.
- Misdemeanor of the Second Degree (Section 2907.08(B)): A common example involves secretly recording someone using a hidden camera in a private area, such as a restroom or dressing room, without their consent.
- Misdemeanor of the First Degree (Section 2907.08(D)): A person might use a smartphone to record under another person’s clothing, such as during a public event or while standing in line at a store.
- Felony of the Fifth Degree (Section 2907.08(C)): A case might involve setting up a hidden camera in a child’s bedroom to record a minor. This act escalates to a felony due to the victim being underage and the severity of the privacy violation.
Defenses to Voyeurism Charges in Ohio
Challenging Intent for Sexual Gratification
A significant defense against voyeurism charges under Section 2907.08 is proving a lack of intent for sexual arousal or gratification. If the defendant can show that their actions were accidental or lacked the required intent, the charges may be reduced or dismissed.
Disputing Reasonable Expectation of Privacy
For charges under Sections 2907.08(B) and (C), the defense may argue that the location in question did not meet the legal standard of a “reasonable expectation of privacy.” For example, if the act occurred in a public area, the charge may not hold.
Mistaken Identity of the Accused
In cases where the defendant is accused based on circumstantial evidence or witness testimony, the defense can argue mistaken identity. Surveillance footage, alibi evidence, or expert testimony could support this argument.
Frequently Asked Questions
- What happens if someone is charged with voyeurism for the first time in Ohio? First-time offenders may face misdemeanor charges, but the specific penalties depend on the degree of the offense. Probation or diversion may be possible in some cases.
- Will a voyeurism conviction require sex offender registration in Ohio? A felony conviction under Section 2907.08(C), which involves minors, typically requires sex offender registration. Misdemeanor offenses generally do not.
- Can voyeurism charges be expunged from a criminal record? Expungement eligibility depends on the classification of the offense and the defendant’s prior criminal history. Felony convictions involving minors are usually ineligible for expungement.
- What is the maximum jail time for voyeurism in Ohio? The maximum jail time ranges from 60 days for a third-degree misdemeanor to 12 months for a fifth-degree felony.
- Can someone be charged for accidentally recording another person? Intent is a critical element in voyeurism cases. Accidental recording without intent to invade privacy may not meet the legal standard for voyeurism.
- Are hidden cameras legal in Ohio? Hidden cameras are legal only when used in locations where individuals do not have a reasonable expectation of privacy. Using them in private areas can result in criminal charges.
- What is considered a “reasonable expectation of privacy” under Ohio law? Locations like bathrooms, bedrooms, and dressing rooms typically qualify as areas where individuals have a reasonable expectation of privacy.
- Can a voyeurism charge lead to additional legal consequences? In some cases, voyeurism charges can lead to civil lawsuits, additional criminal charges, or mandatory counseling as part of sentencing.
Additional Resources
Ohio Revised Code Section 2907.08 | Voyeurism
This source provides the full text of Ohio Revised Code Section 2907.08, which governs voyeurism in Ohio. It outlines prohibited behaviors, including spying, recording, or invading privacy in places with a reasonable expectation of privacy. It also lists the penalties for different classifications of the offense and includes updates reflecting legislative changes as of April 2023.
Serial Voyeur Arrested on New Accusation of Victimizing Female Shopper
This news article from Fox 19 details the arrest of a repeat voyeurism offender in Ohio. It provides examples of charges filed, patterns of behavior, and penalties imposed. It also highlights the offender’s prior convictions and the legal and social consequences of those actions under Ohio law.
Schmidt’s Voyeurism Legislation Added to Senate Bill, Clears Legislature
This article from the Ohio House of Representatives discusses recent updates to Ohio’s voyeurism laws through amendments to Senate Bill 16. It explains how the legislation broadens the scope of voyeurism offenses to include modern technology like streaming and removes the requirement to prove intent for sexual gratification in some cases.
Hire a Lawyer for Voyeurism in Hamilton County, OH
If you or someone you know has been accused of or charged with voyeurism in Cincinnati, contact The Wieczorek Law Firm, LLC today. Delaying legal counsel or trying to explain your situation to the police without representation can lead to being unfairly charged.
The Wieczorek Law Firm, LLC serves Hamilton County, including the greater Cincinnati metropolitan area. Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our contact form.