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Voyeurism

Utah Code Section: 76-9-702.7

Elements

 

76-9-702.7.  Voyeurism offenses -- Penalties. 

(1)A person is guilty of voyeurism who intentionally uses any type of technology to secretly or surreptitiously record video of a person:

(a)for the purpose of viewing any portion of the individual's body regarding which the individual has a reasonable expectation of privacy, whether or not that portion of the body is covered with clothing;

(b)without the knowledge or consent of the individual; and

(c)under circumstances in which the individual has a reasonable expectation of privacy.

(2)A violation of Subsection (1) is a class A misdemeanor, except that a violation of Subsection (1) committed against a child under 14 years of age is a third degree felony.

(3)Distribution or sale of any images, including in print, electronic, magnetic, or digital format, obtained under Subsection (1) by transmission, display, or dissemination is a third degree felony, except that if the violation of this Subsection (3) includes images of a child under 14 years of age, the violation is a second degree felony.

(4)A person is guilty of voyeurism who, under circumstances not amounting to a violation of Subsection (1), views or attempts to view an individual, with or without the use of any instrumentality:

(a)with the intent of viewing any portion of the individual's body regarding which the individual has a reasonable expectation of privacy, whether or not that portion of the body is covered with clothing;

(b)without the knowledge or consent of the individual; and

(c)under circumstances in which the individual has a reasonable expectation of privacy.

(5)A violation of Subsection (4) is a class B misdemeanor, except that a violation of Subsection (4) committed against a child under 14 years of age is a class A misdemeanor.

 

 

Defenses

The defenses to a voyeurism are typically: (1) that the technology used was not for the purpose of viewing the person (such as a home security camera); (2) the recording was not surreptitious, meaning that the recording device was readily visible; (3) that the individual did not have a reasonable expectation to privacy, such as a public location, the interior of a motor vehicle owned by the defendant (where the camera is used as a theft deterrent), a non bathroom/bedroom of a home.

The defense of these cases frequently require a jury to make a credibility determination between a alleged victim and a defendant.  Cross examination of an alleged victim of a sex crime is a very delicate matter.  Juries will often penalize the defendant for a cross that is perceived to be attacking the victim.  Effective cross examination in these cases requires an attorney with considerable skill and expertise.

 

 

Sex Offender Registration

 

Persons convicted of voyeurism are required to register as a sex offender for a period of ten (10) years after completion of their probation. There is no possibility of removal from the register, and if the person moves states, the person is required to register in their new state.

UCA 77-41-106.  However, if the conviction is to a class B misdemeanor, then the Defendant is not required to register as an offender.

Jail/Prison time, fines & restitution

 

A violation of Subsection (1) is a class A misdemeanor, except that a violation of Subsection (1) committed against a child under 14 years of age is a third degree felony.

Distribution or sale of any images, including in print, electronic, magnetic, or digital format, obtained under Subsection (1) by transmission, display, or dissemination is a third degree felony, except that if the violation of this Subsection (3) includes images of a child under 14 years of age, the violation is a second degree felony.

A violation of Subsection (4) is a class B misdemeanor, except that a violation of Subsection (4) committed against a child under 14 years of age is a class A misdemeanor.