Video Voyeurism in Louisiana

Louisiana Video Voyeurism Lawyer

 

 

Video Voyeurism in Louisiana is considered a serious sex crime that requires the convicted defendant to register as a sex offender.  Video voyeurism first offense is a felony punishable by up to two years in prison. Penalties get worse as the offender accrues more prior convictions and depending on the alleged facts.

We represent clients charged with video voyeurism (La. R.S. 14:283) in Baton Rouge and all other cities and parishes in Louisiana. If you need a video voyeurism defense attorney in Louisiana, contact us at 225-964-6720 to see if we are willing to take your case.

 

Video Voyeurism in Louisiana

 

Sex crimes are very serious and usually include very strict penalties if found guilty like requiring the defendant to serve lengthy prison sentences and register as a sex offender after being released. Being charged with a sex crime is a serious offense that should not be taken lightly and should be fought with full force after the arrest.  Video voyeurism is one type of sex crime under La. RS 15:541 that is prosecuted very often in Louisiana, particularly since the increased use of smartphones and social media. If you have recently been charged with video voyeurism in Louisiana, it is extremely imperative that you seek legal help immediately so that the specific circumstances of your case can be looked at to determine how to best fight for your freedom in court. Carl Barkemeyer is an experienced criminal defense attorney in Baton Rouge, Louisiana who has been defending video voyeurism cases for many years. Mr. Barkemeyer and his legal team can help you craft a defense for your case and will look at all the evidence to make the best case possible for how to defend you. The penalties for being convicted of video voyeurism can have a severe negative impact on your future and the future of your loved ones, which is why it is very important to seek legal assistance for your case as well.

 

What is Video Voyeurism?

 

video voyeurism

 

Video voyeurism in Louisiana is essentially a very specific type of voyeurism but is treated slightly differently when it comes to the circumstances and penalties that come along with it. Voyeurism in Louisiana is defined as the following:

 

  • Voyeurism is the viewing, observing, spying upon, or invading the privacy of a person by looking or using an unmanned aircraft system to look through the doors, windows, or other openings of a private residence without the consent of the victim who has a reasonable expectation of privacy for the purpose of arousing or gratifying the sexual desires of the offender.

 

From this definition, we can see that voyeurism is the act of spying upon someone in a private setting for sexual purposes. This can happen in many different places and situations so the context of the charge is very important. We can use this definition to understand what the specific type of video voyeurism is. Under Louisiana law, video voyeurism is defined as:

 

  • The use of any camera, videotape, photo-optical, photo-electric, unmanned aircraft system, or any other image recording device for the purpose of observing, viewing, photographing, filming, or videotaping a person where that person has not consented to the observing, viewing, photographing, filming, or videotaping and it is for a lewd or lascivious purpose, or
  • The transfer of an image obtained by activity described in Paragraph of this Subsection by live or recorded telephone message, electronic mail, the Internet, or a commercial online service.

 

In essence, video voyeurism is the same activities included in simple voyeurism but it includes taking a photo, video, or audio recording of the victim while spying on them in a private setting for a sexual purpose. The second part of video voyeurism also includes the transfer of those photos or videos taken by text message, email, or internet posting to another person.

 

What are the penalties?

 

Sex crimes usually carry stricter punishments because of the serious nature of the crime and video voyeurism is no exception to this standard. The penalties also tend to increase in severity as the number of offenses rises and the seriousness of each offense. Because the punishments are so stringent, it is important to fight the charges and seek help from an experienced defense attorney like Carl Barkemeyer so that a better result from the trial could potentially be gained. The penalties for being convicted of video voyeurism in Louisiana are as follows:

 

             (1) Whoever commits the crime of video voyeurism as a first conviction shall be fined not more than $2,000 or imprisoned, with or without hard labor, for not more than two years, or both.

             (2) On a second or subsequent conviction, the offender shall be fined not more than $2,000 and imprisoned at hard labor for not less than six months nor more than three years without benefit of parole, probation, or suspension of sentence.

             (3) Whoever commits the crime of video voyeurism when the observing, viewing, photographing, filming, or videotaping is of any vaginal or anal sexual intercourse, actual or simulated sexual intercourse, masturbation, any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals shall be fined not more than $10,000 and be imprisoned at hard labor for not less than one year or more than five years, without benefit of parole, probation, or suspension of sentence.

             (4) Whoever commits the crime of video voyeurism when the observing, viewing, photographing, filming, or videotaping is of any child under the age of seventeen with the intention of arousing or gratifying the sexual desires of the offender shall be fined not more than $10,000 and be imprisoned at hard labor for not less than two years or more than ten years without benefit of parole, probation, or suspension of sentence.

 

How can we help?

 

If you have recently been charged with video voyeurism in Louisiana, contact us immediately so we can begin to craft a defense that is tailored to your specific case. Carl Barkemeyer, criminal defense attorney is very experienced with defending video voyeurism cases and will work to defend your freedom in court by observing all the evidence and coming up with the best strategy for defending your trial. Contact us at (225) 964-6720 for legal assistance and more information.

 

La RS 14:283. Video voyeurism; penalties

 

            A. Video voyeurism is any of the following:

 

(1) The use of any camera, videotape, photo-optical, photo-electric, or any other image recording device, or an unmanned aircraft system equipped with any camera, videotape, photo-optical, photo-electric, or any other image recording device, for the purpose of observing, viewing, photographing, filming, or videotaping a person where that person has not consented to the specific instance of observing, viewing, photographing, filming, or videotaping and either:

 

            (a) It is for a lewd or lascivious purpose.

 

            (b) The observing, viewing, photographing, filming, or videotaping is as described in Paragraph (B)(3) of this Section and occurs in a place where an identifiable person has a reasonable expectation of privacy.

 

            (2) The transfer of an image obtained by activity described in Paragraph (1) of this Subsection by live or recorded telephone message, electronic mail, the Internet, or a commercial online service.

 

            (3) The manipulation of a victim who has not yet attained the age of seventeen or who is reasonably believed to have not yet attained the age of seventeen to use any camera, videotape, photo-optical, photo-electric, or any other image recording device or an unmanned aircraft system equipped with any camera, videotape, photo-optical, photo-electric, or any other image recording device to photograph, film, or videotape oneself to send to the person manipulating the victim for a lewd or lascivious purpose.

 

            B.(1) Except as provided in Paragraphs (3) and (4) of this Subsection, whoever commits the crime of video voyeurism shall, upon a first conviction thereof, be fined not more than two thousand dollars or imprisoned, with or without hard labor, for not more than two years, or both.

 

            (2) On a second or subsequent conviction, the offender shall be fined not more than two thousand dollars and imprisoned at hard labor for not less than six months nor more than three years without benefit of parole, probation, or suspension of sentence.

 

            (3) Whoever commits the crime of video voyeurism when the observing, viewing, photographing, filming, or videotaping is of any vaginal or anal sexual intercourse, actual or simulated sexual intercourse, masturbation, any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals shall be fined not more than ten thousand dollars and be imprisoned at hard labor for not less than one year or more than five years, without benefit of parole, probation, or suspension of sentence.

 

            (4) Whoever commits the crime of video voyeurism when the observing, viewing, photographing, filming, or videotaping is of any child under the age of seventeen with the intention of arousing or gratifying the sexual desires of the offender shall be fined not more than ten thousand dollars and be imprisoned at hard labor for not less than two years or more than ten years without benefit of parole, probation, or suspension of sentence.

 

            C. The provisions of this Section shall not apply to the transference of such images by a telephone company, cable television company, or any of its affiliates, an Internet provider, or commercial online service provider, or to the carrying, broadcasting, or performing of related activities in providing telephone, cable television, Internet, or commercial online services.

 

            D, E. Repealed by Acts 2020, No. 352, §2.

 

            F. A violation of the provisions of this Section shall be considered a sex offense as defined in R.S. 15:541. Whoever commits the crime of video voyeurism shall be required to register as a sex offender as provided for in Chapter 3-B of Title 15 of the Louisiana Revised Statutes of 1950.

 

            G. For purposes of this Section, "unmanned aircraft system" means an unmanned, powered aircraft that does not carry a human operator, can be autonomous or remotely piloted or operated, and can be expendable or recoverable.

 

            H. This Section shall not apply to any bona fide news or public interest broadcast, website, video, report, or event and shall not be construed to affect the rights of any news-gathering organization.

 

            Acts 1999, No. 1240, §1; Acts 2003, No. 690, §1; Acts 2003, No. 1245, §1; Acts 2016, No. 635, §1; Acts 2018, No. 630, §1; Acts 2020, No. 352, §2; Acts 2021, No. 186, §1.

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