Video Voyeurism Laws - 18 U.S. Code § 1801

Capturing a person’s nude or private parts in circumstances where the person would expect privacy can violate criminal laws, both in California and nationwide. When the offense occurs outside state lines, the alleged perpetrator may face charges under 18 U.S.C. §1801, the federal video voyeurism law. Conviction could result in prison time and costly fines, making it crucial to hire a criminal defense lawyer as soon as possible.

If you’re facing accusations of violating the video voyeurism law, you need experienced legal advocacy to protect your rights and interests. Let the Law Offices of Justin E. Sterling fight for the best possible resolution for you under the facts of your case. Our law firm has over two decades of criminal trial experience, including numerous cases involving federal crimes. Our in-house investigators and trusted team of experts have the knowledge and resources to pursue a vigorous defense of your charges.

Attorney Justin E. Sterling intentionally limits the number of criminal cases he takes to provide clients the attention and support they need when facing federal criminal prosecution. Distinguished as one of Southern California’s Top-Rated Lawyers, he has handled high-stakes criminal cases covered by both state and national media outlets.

It’s time to get serious about your defense. Contact us today for a free case evaluation.

What Is Video Voyeurism?

Video voyeurism refers to the act of unlawfully photographing or video recording a person’s private parts without their consent. Examples of conduct that may constitute video voyeurism include:

Hiding outside someone’s bedroom or bathroom window to photograph or video them undressing or engaging in intimate sexual activity
Installing hidden cameras in bathrooms or dressing rooms to record images of nude people
Pointing cameras up a woman’s skirt or below their shirts to capture pictures or videos of their pubic areas.

Over the last few decades, cameras have become smaller and more readily available. Even cell phone cameras now have high-definition imaging sensors. For that reason, various jurisdictions have adopted laws making it a crime for people to commit video voyeurism.

Overview of 18 U.S. Code § 1801

Although most states have enacted criminal laws prohibiting video voyeurism, Congress passed a federal law to cover offenses in federal territory, such as national parks, federal government buildings, military bases, Veterans Administration buildings, Native American reservations, and U.S.-flagged vessels or aircraft.

The Video Voyeurism Prevention Act of 2004 makes it illegal for a person to knowingly capture a visual image of an individual’s private area without their consent under circumstances where the individual has a reasonable expectation of privacy. “Capturing” an image means videotaping, photographing, filming, or recording by any means with the intent for it to be viewed by another person.

The federal law defines a “private area” as including naked or undergarment-clad genitals, the pubic area, buttocks, or female breasts. Furthermore, it outlines circumstances under which an individual has a reasonable expectation of privacy. These include places where:

A person could reasonably believe they could disrobe in privacy without concern of being photographed.
An individual could reasonably believe their private areas would not be visible to the public, regardless of whether they were in a public or private place.

Criminal Penalties for Violating 18 U.S. Code § 1801

A conviction for violating 18 U.S.C. §1801 can impose penalties that may include up to $100,000 in fines, up to one year in federal prison, or both imprisonment and fines.

Common Defenses Against Video Voyeurism Charges

Defendants charged with violating the federal video voyeurism statute may pursue various defense strategies to fight the government’s case and seek a dismissal or acquittal at trial.

Common defenses against video voyeurism charges include:

Lack of intent – The federal video voyeurism statute requires a defendant to knowingly capture an image of a person’s private areas with the specific intent to have that image. However, a defendant may argue that they did not know they were capturing a person’s private area and did not intend to do so.
Consent – Defendants may claim they took an image of a person’s private area with their permission.
No image of private areas – A defendant may argue that they did not image an alleged victim’s private areas.
No imaging – Defendants may assert that they did not capture images, even if they allegedly installed hidden cameras.
No reasonable expectation of privacy – A defendant may argue that imaging of the alleged victim occurred under circumstances in which they did not have a reasonable expectation of privacy, such as taking photographs on a nude beach.
Unlawfully obtained evidence – An experienced criminal defense attorney may seek to exclude critical evidence from the federal prosecutor’s case by arguing that investigators obtained that evidence through an unlawful search or an interrogation that violated the defendant’s rights.

How a Criminal Defense Lawyer Can Help

A criminal defense lawyer from the Law Offices of Justin E. Sterling can help you seek a favorable resolution to charges under the federal video voyeurism law by:

Thoroughly investigating your case to obtain all available evidence, not just evidence turned over by government prosecutors
Reviewing the facts of your case to identify potential defense strategies and legal solutions
Explaining your charges and the possible outcomes to ensure you can make informed decisions at each stage of the case
Vigorously contesting the prosecution’s case by identifying weaknesses and seeking to have evidence excluded
Pursuing every avenue to secure the best possible result based on the circumstances of your case, whether that means negotiating a favorable plea agreement or taking your case to trial to fight your charges and assert your innocence

Contact a Los Angeles Criminal Defense Attorney Today

If you’ve been charged with violating the federal video voyeurism law, you need experienced legal counsel to protect your rights, reputation, and freedom. The Law Offices of Justin E. Sterling provides hard-hitting legal representation that is uncompromising in the pursuit of justice.

Over his career, Justin E. Sterling has handled some of the most complex criminal cases in Southern California, defending clients prosecuted in virtually all specialized units and earning the respect of prosecutors, judges, and colleagues nationwide. Get him on your side today.

Call or contact us today for a free consultation with our legal team.