Los Angeles Video Voyeurism Attorneys
Video voyeurism involves the secret recording or photographing of individuals in private settings, typically for sexual gratification or other nefarious purposes. Individuals may inadvertently engage in video voyeurism by using hidden cameras or recording devices without consent, perhaps in a misguided attempt to capture private moments. Video voyeurism poses serious legal consequences, including criminal charges and civil liabilities.
If you have been accused of video voyeurism, it’s time to consult a skilled Los Angeles federal crime defense lawyer who can cultivate a solid, strategic defense. This is where Werksman Jackson & Quinn LLP comes in. Our experienced attorneys, Mark Werksman, Alan Jackson, and Kelly Quinn, lead the charge in providing tailored criminal defense solutions that fit the needs of each individual case. Firm partner Kelly Quinn's adept motion practice has resulted in the overturning of several convictions and the dismissal of many significant felony cases. Certified in surveillance law, Ms. Quinn stands as one of the few attorneys with experience in electronic surveillance and privacy law matters, handling cases related to the California Electronic Communications Privacy Act (CALECPA).
Contact us at (213) 688-0460 to learn more and discuss your case with a free consultation.
Under 18 USC § 1801, someone with “the intent to capture an image of a private area of an individual without their consent, and [who] knowingly does so under circumstances in which the individual has a reasonable expectation of privacy, shall be fined under this title or imprisoned not more than one year, or both.”
This statute essentially criminalizes the act of secretly recording individuals in private spaces without their consent, where they reasonably expect privacy. In practical terms, this could include installing hidden cameras in bathrooms, bedrooms, or changing rooms to capture intimate moments without the knowledge or consent of the individuals being recorded.
The statute provides the following definitions as they relate to video voyeurism charges:
- Capture: Taking a picture or recording a video using any method.
- Broadcast: Sending a visual image electronically with the intention that someone will see it.
- Private area: Refers to the naked or underwear-covered genitals, pubic area, buttocks, or female breasts of an individual.
- Reasonable expectation of privacy: Circumstances where a reasonable person would believe they could undress in private without worrying about someone capturing images of their private areas or where those private areas would not be visible to the public, regardless of whether the person is in a public or private place.
When facing video voyeurism charges, several defense strategies may apply, each relating to the elements of the offense:
- Consent: One potential defense is arguing that the recording was made with the consent of the individual being recorded. However, it’s important to note that this defense may not apply if the consent was obtained through deception or coercion.
- No reasonable expectation of privacy: Another defense could be asserting that the individual being recorded did not have a reasonable expectation of privacy in the location where the recording took place. For example, if the recording occurred in a public place where individuals should not reasonably expect privacy, such as a park or a street, this defense may apply.
- Authorized surveillance: If the surveillance was conducted in compliance with applicable laws and regulations, such as by law enforcement agencies or security personnel in public areas, it may be considered authorized and, therefore, not illegal.
When accused of video voyeurism, seeking legal representation from an experienced defense lawyer is essential to protecting your due process rights, which may be at risk during various stages of the legal process. These rights include the right to a fair trial, the right to confront witnesses, the right to present evidence, and the right to legal counsel. Our highly experienced attorneys can help you navigate the legal complexities of your case, ensure that your rights are upheld at every phase of the legal process, and develop a strategic defense tailored to your specific circumstances.
If you’ve been confronted with video voyeurism charges in LA, we want to hear your side of the story. The Los Angeles attorneys at Werksman Jackson & Quinn LLP are committed to providing personalized and strategic defense strategies for clients facing such charges.
Contact us at (213) 688-0460 for a complimentary consultation. Let us help you understand your legal rights and options and work toward the best possible outcome.
Recent Case Results
- Complete Dismissal of Molestation Charges
Attorney Mark Werksman’s 29 year old client was falsely accused of molesting two neighborhood children and was subsequently charged with felony child molestation, with a significant prison sentence hanging over his head should he be convicted. Instead, at the preliminary hearing Werksman was able to convince the court to grant his client a complete dismissal of any charges.
- Decision Set Aside
Client, a college student in a faulty Title IX case, was awarded $130,000 in attorney fees.
- Probation with No Jail Time for Drug Money Laundering Charge
Wilmington man accused in New York federal court of laundering drug money through the sale of laptop computers. Mark was able to get the case transferred to federal court in Los Angeles, where he convinced the United States Attorney to reduce the charges. His client was sentenced to probation with no jail time on a misdemeanor conviction.