Voyeurism and Digital Voyeurism Defense in Miami

These cases are serious, and the people who report them are entitled to be taken seriously. You are also entitled to a careful defense, a presumption of innocence, and a lawyer who reads the statute exactly as written. Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Everything you tell us is confidential. Our office answers 24 hours a day.

This page covers one part of our Sex Crimes Defense practice.

Voyeurism (Without a Camera)

Florida's voyeurism statute covers secretly observing someone, with lewd, lascivious, or indecent intent, when the person is in a dwelling, structure, or vehicle where they have a reasonable expectation of privacy. It also covers secretly observing, with the same intent, a person's intimate areas, meaning parts of the body or undergarments covered by clothing and meant to be kept from public view, when the person has a reasonable expectation of privacy in a public or private dwelling, structure, or vehicle.

• First violation: a first-degree misdemeanor, up to 1 year in jail and a fine up to $1,000.
• After two or more prior convictions or juvenile adjudications for voyeurism: a third-degree felony.

Digital Voyeurism (Formerly "Video Voyeurism")

Since October 1, 2024, the offense Florida used to call "video voyeurism" is called digital voyeurism. It covers using a camera, phone, or any other device that can record, store, or transmit images.

Older conduct. Conduct before October 1, 2024 is judged under the older "video voyeurism" law in effect at the time. That law was similar in most respects, but the rules this page marks "since October 1, 2024" do not reach earlier conduct.

In general terms, a person commits digital voyeurism by intentionally:

• using or installing a device to secretly view, broadcast, or record someone who is dressing, undressing, or exposing a sexual organ, without that person's knowledge and consent, at a place and time where they have a reasonable expectation of privacy, for one's own amusement, entertainment, sexual arousal, gratification, or profit, or to degrade, exploit, or abuse them;
• permitting someone else to use or install a device that way, for that other person's benefit or on their behalf; or
• recording under or through someone's clothing ("upskirting"), without their knowledge and consent, to view their body or undergarments.

The statute defines a "reasonable expectation of privacy" as circumstances where a reasonable person would believe they could fully undress in privacy without being concerned that their undressing was being viewed, recorded, or broadcast by another, and lists examples such as the inside of a home, a bathroom, a changing room, a fitting room, a dressing room, or a tanning booth.

Penalties:

• If the person accused is 19 or older: a third-degree felony, up to 5 years in prison and a fine up to $5,000.
• If the person accused is under 19: a first-degree misdemeanor, unless one of the rules below that raise the charge applies.

Digital Voyeurism Dissemination

Sharing, sending, or transferring an image or recording to another person, knowing or having reason to believe it was made in a way the statute prohibits, for anyone's amusement, entertainment, sexual arousal, or gratification, or to degrade, exploit, or abuse someone, is digital voyeurism dissemination, a third-degree felony. Since October 1, 2024, the under-19 misdemeanor rule does not apply to this offense.

Commercial Digital Voyeurism Dissemination

It is also a third-degree felony to:

• sell an image or recording for something of value, knowing or having reason to believe it was made in a way the statute prohibits; or
• having made the recording, pass it to someone else so they can sell it.

Each Image Can Be a Separate Charge

Since October 1, 2024, the statute says each instance of secretly viewing, and each broadcast, recording, dissemination, distribution, or transfer of a prohibited image or recording, is a separate offense with a separate penalty. One phone or one cloud account can lead to many counts.

When the Charge Goes Up

The digital voyeurism statute raises the degree in these situations, exactly as the law states them:

• A prior conviction or juvenile adjudication for any violation of the digital voyeurism statute makes a new violation a second-degree felony (up to 15 years and a fine up to $10,000).
• Family, household, or trust (since October 1, 2024). If the person accused is 19 or older and is a family or household member of the person recorded, or holds a position of authority or trust over them (such as a relative, caregiver, coach, or employer who can exercise undue influence or exploit their trust), the court must raise the felony one degree: third-degree becomes second-degree, and second-degree becomes first-degree (up to 30 years).
• Children and students. It is a second-degree felony when the person accused is:

- 18 or older, responsible for the welfare of a child under 16, and the offense is against that child;

- 18 or older, employed at a school, private school, or voluntary pre-kindergarten program, and the offense is against a student there; or

- 24 or older, and the offense is against a child under 16.

For the child-related categories, the statute says it does not matter whether the person knew or had reason to know the child's age. A violation of this subsection by someone with a prior conviction or juvenile adjudication for any digital voyeurism violation is also a second-degree felony.

These are the general maximums, not what every case gets. Sentencing depends on the scoresheet, the person's record, and the facts.

Exceptions in the Statute

The digital voyeurism statute does not apply to law enforcement surveillance for a law enforcement purpose; a security system when a written notice is conspicuously posted that video surveillance is in place for security; a surveillance device installed so that its presence is clearly and immediately obvious; or the sharing or transfer of images or recordings by certain internet and communication service providers. Whether a home or business camera fits one of these exceptions depends on the facts.

Sex Offender Registration: What the Statutes Actually Say

Not every voyeurism conviction requires registration. Florida's sexual offender registration statute lists only the child-and-student subsection of the digital voyeurism statute described above (including an attempt, solicitation, or conspiracy to commit it). A conviction under that subsection, including a plea of guilty or no contest even if adjudication is withheld, can require registration as a sexual offender. That means reporting in person to the sheriff within 48 hours after establishing a residence, and ongoing reporting for years. Failing to comply is a separate crime. See Sex Crimes Defense for more on registration.

Plain voyeurism (without a camera) is not on that list, and neither is any digital voyeurism offense that does not fall under the child-and-student subsection. The registration statute's list for juvenile adjudications does not include digital voyeurism.

Florida's sexual predator statute also lists a violation of the child-and-student subsection by someone who already has a prior digital voyeurism conviction or juvenile adjudication, but only when the person also has a prior conviction for one of the other sex offenses that statute lists.

Because the subsection charged can decide whether registration applies, what the State charges, and what any plea is to, matters enormously.

Other Consequences

• No sealing or expungement. A conviction for voyeurism or digital voyeurism, including a plea of guilty or no contest with adjudication withheld, makes the record ineligible for sealing or expungement under Florida law.
• More time to prosecute. In addition to the usual time limits, the State may bring a digital voyeurism case within 1 year after the person recorded actually learns the recording exists, or after police seize it, whichever happens first.
• Jobs, licenses, and immigration. Background screening, professional licenses, and immigration status can all be affected. If you are not a U.S. citizen, tell us right away.

How These Cases Usually Start

• A hidden camera or phone is found in a bathroom, bedroom, rental unit, or workplace.
• Someone sees a phone held low in a store, on an escalator, or in a public place.
• An ex-partner or roommate finds images on a shared device or account.
• A platform or cloud provider flags content.
• Police obtain a search warrant for phones, computers, memory cards, and cloud accounts (iCloud, Google, and others), and send the devices for a forensic examination.

Phones, Cloud Accounts, and Search Warrants

Your phone and cloud accounts are usually the center of the case. Common defense questions include:

• Was the search lawful? Did police have a valid warrant, did it describe what could be searched, and did officers stay within it? Did you really consent? See Motions to Suppress.
• Who had access? Shared devices, shared passwords, family cloud accounts, and synced phones can make it hard to prove who made or sent a file.
• What do the files actually show? The statute has specific elements: secrecy, lack of knowledge and consent, a place and time with a reasonable expectation of privacy, and a specific purpose. The forensic report has to be checked against each one.
• Was it "secret," and was there notice? Visible cameras and posted security notices can matter under the statute's exceptions.

What Not to Do

1. Don't delete anything. Keep everything exactly as it is. Don't wipe a phone, delete files or accounts, reset a device, or hide a device or give it to someone else to keep. In Florida, altering, destroying, hiding, or removing evidence to make it unreliable or unavailable, knowing an investigation is pending or about to start, is a separate third-degree felony. It can also look like guilt. Bring any question about your devices and accounts to your lawyer.
2. Don't contact the person who complained, directly or through friends or family. Don't apologize, explain, or ask them to drop it. Messages can be recorded and used against you, and contact may violate a no-contact condition of release.
3. Don't talk to detectives without a lawyer. If a detective calls to "hear your side," tell them your lawyer will contact them, and call us.
4. Don't respond to a surprise call or text about the accusation. It may be a recorded controlled call.
5. Don't hand over passwords or unlock devices without speaking to a lawyer first. If officers arrive with a warrant, don't interfere; stay calm and ask for your lawyer.
6. Don't post about it on social media.

Why Early Counsel Matters

The earliest days often decide the most. An early lawyer can deal with detectives for you, arrange a surrender instead of an arrest at home or work (see Turning Yourself In), prepare for the bond hearing, start reviewing the warrant and the forensic process, and work on the question that may matter most: which subsection, if any, the State charges. No lawyer can promise a result, but waiting rarely helps.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Is "video voyeurism" still a crime in Florida?

Yes. Since October 1, 2024, Florida calls it "digital voyeurism," and it covers any device that can record, store, or transmit images, not only video cameras. Conduct before that date is judged under the older law.

Is voyeurism a felony in Florida?

It depends. Plain voyeurism is a first-degree misdemeanor for a first violation. Digital voyeurism is a third-degree felony if the person accused is 19 or older, and a misdemeanor if under 19 unless a rule that raises the charge applies. Sharing or selling recordings is a felony, and several situations raise the degree.

Will I have to register as a sex offender?

Only certain convictions require it. Florida's registration list includes the digital voyeurism subsection involving children under 16 and students, not plain voyeurism or digital voyeurism offenses outside that subsection. Your exact charge matters.

Police took my phone. Can they search everything on it?

Police generally need a warrant to search a phone, and a warrant has limits. Whether the search was lawful is something we review in every case.

Should I delete the files or reset my phone?

No. Keep everything as it is. Destroying, hiding, or altering evidence to make it unreliable or unavailable, knowing an investigation is pending or about to start, is a separate felony. Call a lawyer.

Can I reach out to the person to explain?

No. Any contact can be recorded, used against you, or violate release conditions. Let your lawyer handle communication.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.