Voyeurism

The term "voyeurism" refers to the practice of gaining sexual pleasure from watching others when they are naked or engaged in sexual activity. 

The voyeurism statute in Utah was last amended during the 2017 General Session. Under Utah law, the penalties for voyeurism depend on a variety of factors including whether the act involved video recording another person and whether the defendant has any prior convictions for a similar offense.

Attorney for Voyeurism Crimes in Salt Lake City, UT

If you were charged with voyeurism or video voyeurism under Utah Code Section 76-9-702.7, then contact an experienced criminal defense attorney in Salt Lake City, UT, to discuss your case.

We can help you understand the charges pending against you. We represent clients charged with a wide range of sexually motivated crimes in Salt Lake City, UT, and the surrounding areas including voyeurism or posting revenge porn online.

Contact us to find out the best ways to fight the charges and ways to avoid the typical penalties. Call (801) 532-5297 today.



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Elements of Voyeurism under 76-9-702.7(4)

Under Utah Code Section 76-9-702.7(4), a person can be charged with voyeurism when the person views or attempts to view an individual, with or without the use of any instrumentality, under the following circumstances:

  1. with the intent of viewing any portion of the individual's body regarding which the individual has a reasonable expectation of privacy, whether or not that portion of the body is covered with clothing;
  2. without the knowledge or consent of the individual; and
  3. under circumstances in which the individual has a reasonable expectation of privacy.

Under Utah Criminal Code 76-9-702.7(4), the crime of voyeurism is classified as a class B misdemeanor. The penalties are enhanced to a class A misdemeanor if the crime is committed against a child under 14 years of age.


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Elements of Video Voyeurism under 76-9-702.7(1)

In the State of Utah, a person is guilty of voyeurism when the person intentionally uses any type of technology to secretly or surreptitiously record video of a person:

  1. for the purpose of viewing any portion of the individual's body regarding which the individual has a reasonable expectation of privacy, whether or not that portion of the body is covered with clothing;
  2. without the knowledge or consent of the individual; and
  3. under circumstances in which the individual has a reasonable expectation of privacy.

A violation of Subsection (1) of Utah's Voyeurism is a class A misdemeanor. If the offense of voyeurism is committed against a child under fourteen (14) years of age, then the crime can be charged as a third-degree felony.


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Distribution of Video Obtained from an Act of Voyeurism

The distribution or sale of any images, including in print, electronic, magnetic, or digital format, obtained during the offense of voyeurism by transmission, display, or dissemination can be charged as a third-degree felony.

The penalties are enhanced if any of the images are of a child under 14 years of age, then the violation can be charged as a second-degree felony.


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