Were you recently arrested with a voyeurism offense in the Livingston Parish or Denham Springs area of Louisiana? If so, Carl Barkemeyer, criminal defense attorney is here to help you. Voyeurism is a serious offense in Louisiana and the US as a whole and the criminal charges for it must be dealt with caution so as to help you fight your case and produce the most ideal outcome for yourself and your loved ones. Mr. Barkemeyer has extensive experience with defending voyeurism cases and knows the ins and outs of the legal system to help guide your case through the difficult proceedings that come with a voyeurism charge.
To understand the implications of a voyeurism charge in Livingston Parish, we must first understand what is deemed a voyeurism charge in the first place. Louisiana state law defines voyeurism as the following:
A. 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.
B. 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.
Voyeurism is a serious offense that is not taken lightly by the courts. Therefore it is imperative that your case is dealt with the utmost care and handled by a defense lawyer who knows how to deal with voyeurism charge.
Since voyeurism is a serious offense and has so many different factors that go into it, the punishments for a charge can vary widely. The following are the punishments set forth by the Louisiana state law:
(1) Whoever commits the crime of voyeurism, upon a first conviction, shall be fined not more than five hundred dollars, imprisoned for not more than six months, or both.
(2) Upon a second or subsequent conviction, the offender shall be fined not more than one thousand dollars, imprisoned with or without hard labor for not more than one year, or both.
This law dictates that voyeurism is a misdemeanor for the first offense and a felony for the second offense. Felonies carry much more weight when it comes to jail time and staying on your criminal record, so a second offense should be avoided at all costs. If you are currently on trial for a first or second offense of voyeurism, it is in your best interest to contact our offices immediately for assistance.
The concept of video voyeurism is that photo or videos taken without expressed permission also fall under the laws of regular voyeurism. However, a legal gray area can arise regarding a citizen’s “expectation of privacy.” If an offender uploads video or photos to the Internet, the photos could remain there forever, which is considered a continuous invasion of privacy. The “expectation of privacy” is a legal concept that the United States Supreme court has repeatedly upheld.
If you are charged with video voyeurism in Louisiana, there can be many different punishments. Depending on the circumstances and evidence, including the age of the victim, video voyeurism may be considered a misdemeanor or felony, similar to regular voyeurism. If you are charged with video voyeurism it can lead to jail time, fines, prison terms, registration as a sex offender, probation, court-ordered counseling, and even civil lawsuits.
The important distinction that was brought up in past cases is whether the photos or video was taken in a public or private setting. It is technically legal to shoot video or take photos of people if they are in a public place.
If a prosecutor is going to prove that a suspect committed every element of a voyeurism crime, it must be shown that the victim had a reasonable expectation of privacy at the time and place of the recording. These locations with a reasonable expectation of privacy can include private offices and bathrooms where doors can be locked. However, photos or videos that are taken in legally public places may not fit this expectation of privacy.
Voyeurism is a very serious crime and the state of Louisiana does not take it lightly. Voyeurism is the act of observing or spying on someone while they are in a private place without their knowledge. This can also include taking video or photos of people in private places, also known as video voyeurism. The charge comes with very strict punishments that can detrimentally hurt your future or the future of loved ones around you. However, Carl Barkemeyer, criminal defense attorney is here to help you. He has spent many years understanding and learning the legal system of Louisiana and Livingston Springs specifically to help defend in cases like voyeurism. He has the knowledge necessary to help aid in your case and lead you to more ideal positive outcomes like alternatives to jail time and fines. Voyeurism offenses can lead to felony charges if you are convicted more than once, so we highly recommend seeking legal help if you are currently on trial for any type of voyeurism. Carl Barkemeyer has been working in the Livingston Parish area for a good amount of time and understands the legal system in place there. If you have been charged with voyeurism in Louisiana, contact our offices right away at (225) 964-6720.