With the advent of cell phone cameras, voyeurism has expanded to a new level.

Because police and prosecutors know these cases can get media attention, they tend to be overly aggressive with charges. Every case has a defense, and a good lawyer gives you the best chance of avoiding a conviction and jail time.

What exactly is voyeurism?

Voyeurism is spying on someone for sexual gratification. Voyeurism charges in Michigan involve a victim in a place they reasonably believe is private (bathroom, bedroom, dressing room, etc.) and a person who takes advantage of the victim’s belief they are in private. The law has three components and focuses: spying on someone scantily dressed (underwear) or naked, taking pictures of such people, and distributing such images to others.

These crimes have taken on an extra degree of concern because if sensitive pictures have been taken with a cell phone, the pictures could be sent to social media or shared with a network of other voyeurs in seconds. Michigan law provides for stiff penalties, and these cases often attract media attention, which adds another unpleasant dimension to any criminal penalties.

Innocent people are sometimes charged with voyeurism charges in Michigan. Willing participants in photographs can lie and say they were unaware that a picture or video was taken of them. There are several defenses to these charges, as explained more fully below.

Penalties for Voyeurism Charges in Michigan

First Offense Simple Voyeurism: Felony; two (2) years in prison, five (5) years of court-supervised probation, and a $2,000.00 fine;

First Offense Photographing or Recording a Person in Underwear or Naked: Felony; two (2) years in prison, five (5) years of court-supervised probation, and a $2,000.00 fine;

First Offense Distributing, Disseminating or Transmitting a Photograph or Recording of a Person in Underwear or Naked: Felony; two (2) years in prison, five (5) years of court-supervised probation, and a $2,000.00 fine;

Second Offense Simple Voyeurism: Felony; five (5) years in prison, five (5) years of court-supervised probation, and a $5,000.00 fine;

Second Offense Photographing or Recording a Person in Underwear or Naked: Felony; five (5) years in prison, five (5) years of court-supervised probation, and a $5,000.00 fine;

Second Offense Distributing, Disseminating or Transmitting a Photograph or Recording of a Person in Underwear or Naked: Felony; five (5) years in prison, five (5) years of court-supervised probation, and a $5,000.00 fine;

Hidden Cameras and Microphones

Installing hidden cameras or microphones without a victim’s knowledge to secretly record their actions or speech is also a crime.

First offense: Two (2) years in prison, five (5) years of court-supervised probation, and a $2,000.00 fine.

Second offense: Five (5) years in prison, five (5) years of court-supervised probation, and a $5,000.00 fine.

Recording or listening in on the conversations of others is known as eavesdropping. Eavesdropping is similar to voyeurism but is a different crime with no sexual gratification requirement.

A person can be charged with both setting up a secret surveillance system and using it. A person can also be charged with any other crime that may have taken place, such as trespassing or breaking and entering to set up a surveillance system.

Furthermore, a person convicted of voyeurism will undoubtedly be required to undergo extensive counseling and psychiatric treatment. This and the media attention these cases typically generate can add to an extremely onerous, expensive, and embarrassing ordeal. Another facet of these cases is SORA, Michigan’s Sex Offender Registration Act. If the victim of voyeurism is less than 18 years old, a convicted person will have to register with the state-wide tracking system, in full view of the entire population.

How To Persuade a Judge to Focus on Rehabilitation Rather Than Punishment

A top criminal defense lawyer utilizes a multifaceted approach to persuade a judge to prioritize rehabilitation over punishment during sentencing for voyeurism charges in Michigan. This begins with a thorough presentation of the defendant’s background, including their family life, education, and any mental health or substance abuse issues, to humanize them beyond their criminal act. The lawyer emphasizes mitigating circumstances that may have led to the criminal behavior, such as a challenging upbringing or external pressures, aiming to foster empathy and understanding. They also demonstrate the defendant’s potential for rehabilitation by showcasing their willingness to engage in therapeutic programs, community service, or educational activities. Expert testimony from psychologists or social workers can bolster this perspective by emphasizing the defendant’s mental health and the effectiveness of rehabilitative measures.

The defense attorneys with LEWIS & DICKSTEIN, P.L.L.C. might reference comparative case studies and legal precedents where rehabilitation-focused sentences have proven successful. Our lawyers will argue favorable legal and sentencing guidelines, highlighting elements supporting rehabilitation. By proposing a detailed, personalized rehabilitation plan, we provide a concrete alternative to punitive measures. Finally, our team will appeal to the judge’s discretion and humanity, emphasizing how a rehabilitative sentence aligns with broader societal interests and the individual’s rights for a second chance. Through this comprehensive strategy, great criminal defense attorneys shift the focus from punishment to rehabilitation and positive change for the defendant.

Defenses to Voyeurism Charges in Michigan

There are many defenses to voyeurism and peeping tom charges. Here are some examples of defenses successfully used by LEWIS & DICKSTEIN, P.L.L.C.

Sexual Gratification – The law requires that defendants surveil or photograph a victim for sexual gratification. This is not easy to prove beyond a reasonable doubt. If any legitimate reason for cameras exists, such as home or business security, and if there are no photographs or tapes, this would be a very defensible charge.

No Reasonable Expectation of Privacy – People understand that they should not expect privacy if they go outdoors in a bathing suit. Plenty of people go to pools, the beach, boating, etc., in very revealing bathing suits. In fact, a typical bikini is sometimes more revealing than underwear, which the law covers. Photographing or video of someone at a public beach is not a crime. However, if a person installs a camera in a changing room at a pool or beach, that could very well be a crime because the bather has a reasonable expectation of privacy.

Consent – If a defendant can show that the person who was watched or photographed consented to such, that would be a defense. It is usually apparent if the person being watched is aware of it, and consent can be difficult to establish without additional evidence.

Open and Obvious – If a camera is open and obvious, or signs are posted warning of the presence of cameras, it would be argued that the alleged victim was fully aware that a camera was there. In such a situation, it would have been unreasonable to expect privacy. An unreasonable expectation of privacy is treated as a form of consent.

A person cannot record themselves and another person in a picture or video for sexual gratification unless the other person has consented. This differs from eavesdropping in that a person can record any conversation they are a party to, with or without the other person’s consent. The same is invalid for video recordings of scantily clad or naked activities.

Voyeurism Defense Attorneys in Michigan

If you are under investigation or face voyeurism changes in Michigan, you will need a top-rated, reputable, and determined criminal defense attorney to have a chance at getting the charges dismissed and avoiding jail time. Every lawyer with LEWIS & DICKSTEIN, P.L.L.C. has extensive experience focused on providing the highest caliber of criminal defense possible. Since 1998, our Defense Team has diligently worked to develop techniques and strategies proven to be successful in achieving dismissals, winning motions, sentences without incarceration, and other highly favorable results. No lawyer can ethically promise or guarantee any particular outcome; however, our lawyers can promise and ensure that we will do everything reasonably possible to help our clients achieve the best achievable results. If you call us for a free consultation, we will take the time to speak with you, answer your questions, and work with you to develop a winning strategy!

Call us for a free consultation. We will take the time to talk with you, answer your questions, and develop a winning case strategy. We will find a way to help you!

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.