Criminal history significantly impacts the offender’s sentencing for voyeurism, generally serving as an aggravating factor that increases the likelihood of jail time and longer sentences.

Prior convictions for similar sexual offenses, or a history indicating a pattern of abusing trust and other sexual offense charges or convictions, are likely to result in more serious charges and harsher penalties.

Voyeurism charges for subsequent offenses usually have longer sentences. For example, under some laws, first convictions are usually considered a misdemeanor, while a second or subsequent conviction can lift it to a second-degree felony and prison up to 15 years.

What Is Voyeurism?

Voyeurism is the non-consensual act of watching, photographing, or recording individuals while they are undressing, bathing, engaging in sexual activities, or in any circumstance where they are nude. The act of voyeurism is usually done to achieve sexual arousal or gratification.

It involves violating the personal space of someone when they believe they are alone and no one else is around, like in their homes, bathrooms, or changing rooms.

Criminal History That Affects Voyeurism Sentences

Having a criminal history significantly impacts sentences by elevating the charges from misdemeanors to felonies, increasing maximum prison terms, and increasing fines.

Prior Sex Crimes

A history of sexual assault and sex crimes indicates a high tendency to reoffend. This can increase penalties.

Previous sex offenses that earned an active or prior status on the sex offender registry result in harsher sentences.

Crimes Against Minors

A prior record of sex crimes against a child and child pornography will substantially increase a voyeurism sentence, elevating the new offense to a higher-level felony.

History of Violent Crime

If the current voyeurism charge involves a no-contact offense, it doesn’t help when someone has a history of being involved in violent crimes. It still clearly suggests that they have a high inclination to commit the crimes again.

Stalking Convictions

Sentences for voyeurism directly link to prior convictions for actively stalking and harassing someone, and these convictions serve as aggravating factors.

Breaching Trust or Position of Authority in the Past

If someone has a history where they held a position of authority where their authority was valued and trusted, like being a teacher, landlord, or coach, and if they abused that power and authority, that can increase sentences.

Prior Convictions for Voyeurism

Without a second thought, subsequent voyeurism offenses affect your voyeurism sentences. In most jurisdictions, a second or subsequent conviction for voyeurism elevates the charge to a higher-level felony.

In most jurisdictions, like Florida, the sentence can be as high as 15 years of imprisonment. In other jurisdictions, the charges can move to a higher-level felony, like from a class C or D felony to a class B or higher, depending on the intensity of the crime.

Status During the Time of the Offense

Committing a new voyeurism offense while the defendant is already on bail, parole, probation, or an active charge for a previous crime leads to further consecutive and more severe penalties.

Mandated Sex Offender Registry

Committing voyeurism is considered a sex offense, requiring registration on the sex offender list for 10 years or more after probation completion.

Continued sex offenses, including repeated voyeurism or serious voyeurism offenses, can place the offender in tier 3, which is the more severe tier, requiring a lifetime and increased community notification, and the defendant ends up known for being a peeping tom for life.

Even if the offender moves to a different state, they still have to register in the new state, which may have stricter laws, with some requiring lifetime registration for all sex offenses.

What Must You Do When You’ve Been Accused of Voyeurism?

• As soon as you’re accused, hire a qualified criminal defense lawyer specialized in sex crimes. The lawyer soon navigates the complexities of your case and builds strong defenses to protect your rights.
• Do not speak to the police or investigators without a lawyer present. Anything you say to them can be used against you. You have the right to remain silent.
• Avoid contacting the accuser, texting them, apologizing, or explaining anything at all.
• The lawyer builds defense strategies to protect you, such as a lack of sexual intent, mistaken identity, the location being public, or false accusations.

Key Takeaways

• Recording or watching someone who is naked in any form to sexually pleasure oneself is voyeurism.
• The criminal history of the defendant affects how severe their sentence gets.
• Having a previous sex crime, including those involving minors, will increase the sentences and elevate the charges to a felony.
• Having a history of a pattern of being violent and breaching the position of trust or authority suggests an inclination for recidivism and results in harsher sentences.
• Having a prior stalking offense and an active status involving another crime leads to more severe penalties.
• Subsequent convictions result in higher sentences and earn a permanent place on the sex offender registry list.
• As soon as you’re accused, hire a criminal defense lawyer, remain silent, and let the lawyer do the rest.