Video voyeur laws exist in all 50 States, making it illegal to capture images of a person’s private areas without consent. In some states the crime is a felony while in others classify the crime as a gross misdemeanor. State law provides citizens with a “reasonable expectation” of privacy.
Pictures or videos taken when people are disrobing in private, or believe they’re in private, are illegal.
For example, it’s reasonable to expect privacy in a bathroom, or standing in line at a store. Both places are areas where images of private parts would not normally be captured.
A number of cases in recent news:
Patrick Culmer, a 32-year-old Sacramento man, was sentenced in February to five days jail and ordered to complete a sex addiction program after pleading guilty for attempting to take images under the door of a fitting room where a woman was undressing.
Ty Standley, 35, was arrested in August after Sears store security said he followed a 10-year-old girl around at the Altamonte Mall. A jury found a Deltona man guilty Thursday night of snapping pictures up girl’s skirt while she tied her shoes.
Terry Kristin Rauh, a 43-year-old teacher, is free on bail following his arrest in April on 10 counts of video voyeurism stemming from images found on an iPod of adult co-workers in the unisex bathroom of the teacher’s lounge. He maintains his innocence and formal charges have yet to be filed.
Patrick Wayne Flannigan, 42, was arrested by police on May 20 for violating a restraining order, coercion, and videoing an ex-girlfriend without her knowledge while she performed a sex act. He was caught when he sent the images to her.
Dr. Vincent Pacienza, 54, was found guilty on the felony charge of Unlawful Surveillance in the Second Degree. He faces up to four years in prison at his July 30 sentencing. Pacienza, a cardiologist, will also face medical misconduct charges that may result in the suspension, or revocation, of his medical license. After serving jail time, he will be registered as a sex offender for 10 years.