OHIO VOYEURISM DEFENSE LAWYER

WHAT IS VOYEURISM?

As defined in Ohio Code Section 2907.08 Voyeurism, voyeurism occurs when a person, for the purpose of sexual arousal or gratification:

• Trespasses or surreptitiously invades the privacy of another;
• Invades the privacy of another by filming, photographing, or otherwise recording another person in a state of nudity;
• Secretly films of photographs another person through the clothing being worn by that other person for the purpose of viewing the body of, or undergarments of, that person. 

An act of voyeurism may be classified as a misdemeanor or a felony. If the person being filmed or photographed secretly is a minor, then the crime is a fifth-degree felony; otherwise, the crime is a third-, second-, or first-degree misdemeanor depending on the specifics. 

WHAT ARE THE PENALTIES FOR VOYEURISM IN OHIO?

The penalties for voyeurism depend on how the crime is classified – first-degree misdemeanor, second- or third-degree misdemeanor, or fifth-degree felony. Penalties may include:

• Prison time – the amount of prison or jail time a person will be required to serve if convicted is dependent upon the degree of crime;
• Fine – how much a person is asked to pay in fines will depend on the classification of the offense; and 
• Sex offender registration – because voyeurism is required a sex crime in Ohio, a conviction of voyeurism will require the convicted person to register as a sex offender in our state. 

Of course, penalties may also include an inability to get a job later on, the inability to live in certain areas or pursue certain opportunities, and more. In fact, a person may even lose custody of their child if they are convicted of voyeurism, especially if the crime involved a minor. A conviction of voyeurism can have a long, detrimental effect on a person’s life and future opportunities. 

DEFENSES TO VOYEURISM

If you are charged with voyeurism, one of the most important things that you can do early on is to call an experienced lawyer who will provide you with representation throughout the criminal process. While the defenses that will be available to you will depend on the details of your case, potential defenses to voyeurism charges include:

• A lack of evidence – remember, you do not have to prove your innocence; instead, the prosecution is responsible for proving your guilt beyond a reasonable doubt. A lack of sufficient or convincing evidence may be enough to secure a verdict of innocence from a jury. 
• A lack of sexual arousal or gratification – in order for the surreptitious filming/photographing of a nude person to be considered voyeurism, the prosecution must be able to prove that the act was committed for sexual gratification or arousal. You may be able to argue that this was not the case. For example, perhaps you were filming for artistic purposes, or surveillance/security ones. 
• Illegal search and seizure – another common defense is arguing that the police only found the evidence through an illegal search and seizure of your property. If evidence was unconstitutionally obtained, then it cannot be used against you.

DO I NEED A VOYEURISM DEFENSE LAWYER?

If you are facing criminal charges of any type, yes – it is strongly recommended that you consult with a lawyer. Your attorney will be responsible for reviewing the prosecution’s case against you, including any evidence held against you; determining the best course of action for pursuing your case, which might involve pleading innocent and defending you against charges or trying to negotiate a plea deal with the prosecution; explaining to you all of your options and best- and worst-case scenarios; representing you during the process of entering a plea bargain; representing you during trial; and serving as a resource to answer any questions you have and protect your rights as a person facing criminal charges in our state and our country. While you certainly maintain the right to defend yourself, it’s important that you know that doing so is taking a huge risk; your case is much more likely to turn out more favorably if you work with a skilled attorney.

FEATURES TO LOOK FOR IN A CRIMINAL DEFENSE LAWYER

As you think about who to hire for criminal defense services, be sure to consider the following characteristics:

• Experience. It’s best to work with a lawyer who is experienced in the area of law that your case falls into, and who has a positive track record.
• Local connections. If you work with a lawyer near you, the chances are good that the lawyer will already have a relationship with the prosecution, police officers involved in your case, and the judge who is presiding over your case. This means that the attorney will have an understanding of these parties’ operating styles and how to best build your case as such.
• Commitment to you. You want an attorney whom you believe is really going to work hard for you. An attorney who hands your case off to another staff member or who makes unrealistic promises from the start likely isn’t trustworthy.

REACH OUT TO GROTH & ASSOCIATES TODAY

Don’t make the mistake of failing to call a lawyer if you’re facing charges for a serious crime like voyeurism. Instead, call our experienced voyeurism defense lawyers at the office of Groth & Associates for the legal guidance you need. We are passionate about providing you with the quality representation you deserve, and truly believe in the theory of innocent until proven guilty.