In Idaho, criminal charges of Video Voyeurism are severe, and being convicted can carry life-altering consequences. To avoid the most extreme punishments, you will need to work with an experienced Boise criminal defense attorney with experience in sex crimes cases. For a defendant facing felony sex crime charges, there are critical advantages in having a top criminal defense attorney:

  • First, your defense attorney will make sure that all your legal rights are protected.
  • Your attorney also ensures that the Idaho court system’s numerous laws and strict rules are followed meticulously, as is necessary to succeed with your legal case.
  • Finally, your sex crime lawyer knows how to win and will work to build the best possible case for your defense and stand up and fight for you in court.

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What is the Crime of Video Voyeurism?

Under Idaho Code Title 18, Chapter 66, Sex Crimes, Section 09, here’s how the crime of Video Voyeurism is defined: It is the use, installation, or permitting the use or installation of an imaging device someplace where a person would reasonably expect to have privacy. To constitute a crime, it also must be done without the person’s consent or knowledge. Further, for the act to be a crime, it must be done:

  • To appeal to, arouse, or sexually gratify the voyeur or someone else, or
  • For his/her own or someone else’s lewd amusement, or
  • To satisfy someone’s salacious interest, or
  • To purposefully sexually degrade or abuse someone.

How is the Crime of Video Voyeurism Committed?

Someone has committed video voyeurism, which is a felony offense in Idaho, whenever:

  1. The defendant should have known or did know that the person videotaped would not want the image(s) to be used for the non-private purposes he intends to use them, and
  2. The voyeur should have known or did know that the person had not consented to have the images disseminated, published, or sold.
  3. The accused intended to frighten or harass or humiliate, intimidate, or degrade the person depicted in the images. Or, he tried to cause the person other forms of mental or emotional distress listed in Idaho 18-66-09.
  4. The accused intentionally sold, published, or disseminated, or conspired to sell or disseminate someone’s image in which the person is identifiable, or
  5. If identifying information is published in association with the image in which the victim’s nude genitals, buttocks, female nipple(s) are partially or entirely exposed, or in which the victim is involved in some form of sexual activity.

What Occurrences Do Not Constitute Video Voyeurism?

Some situations do not necessarily fit the description of the crime described in Idaho criminal code 18-6609 and reiterated above. For example:

  • Instances involving certain types of interactive computer service (per Federal law 47 U.S.C. 230(f)(2)).
  • Instances involving certain kinds of information services (per 47 U.S.C. 153) or telecom services (per 61-121(2) or 62-603(13)).
  • Images that involve a person or persons voluntarily exposing himself/herself/themselves for commercial or other intentional purposes.
  • Making disclosures in the public interest, such as reporting illegal activity or legally performing typical law enforcement action or judicial proceeding or medical treatment.

Penalties for Video Voyeurism

Video Voyeurism is a felony in the State of Idaho. Punishments for felony sex crimes in Idaho are often punishable with severe prison sentences and large fines.

What Should You Do If You are Charged with Video Voyeurism in Idaho?

If you have been charged with Video Voyeurism in Idaho, you will need the best sex crimes defense lawyer Idaho has to offer. Regardless of how untrue the accusations against you are, you must fully protect your rights and build the best possible defense. You can lose everything you have achieved if you are found guilty of this crime and receive a long prison sentence and a staggering fine.

For the Best Criminal Defense Boise, Idaho Offers

Therefore, even if there is abundant evidence proving you are innocent and you have a stellar reputation in your community, you will still need an effective legal defense. An experienced criminal defense attorney offers your best chance of keeping your freedom and moving on with your life.

If you are facing felony charges for Video Voyeurism, call Sawtooth Defense Lawyers, Boise, ID, or contact our office online to schedule a free review of your legal case.