Arizona’s Peeping Tom Laws (Surreptitious Recording)

Introduction

The term “Peeping Tom” refers to voyeurism, or viewing another person without their consent, for sexual gratification. Specifically, A.R.S. 13-1424 (abbreviated in parts for brevity):

1. It is unlawful to knowingly invade the privacy of another person without the knowledge of the other person for the purpose of sexual stimulation.
2. It is unlawful for a person to disclose, display, distribute or publish a photograph, videotape, film or digital recording that is made in violation of subsection A of this section without the consent or knowledge of the person depicted.
3. A person’s privacy is invaded if both of the following apply:
   1. The person has a reasonable expectation that the person will not be photographed, recorded, etc.
   2. The person is photographed, videotaped, etc, with or without a device:
      1. While the person is in a state of undress or partial dress
      2. While the person is engaged in sexual intercourse, etc.
      3. While the person is urinating or defecating
      4. In a manner that captures the person’s genitalia, buttock, female breast … not otherwise publicly visible

Voyeurism Exclusions Include:

1. Security purposes
2. Correctional facilities
3. Law enforcement pursuant to a lawful investigation
4. Child monitoring devices

What This Means

Basically, it is a crime to intrude into the lives of others and record their sexual and personal activities. Individuals have a right to privacy and it is illegal to intentionally invade it for unlawful purposes, including voyeuristic behaviors and surreptitiously recording others actions for sexual gratification.

Penalties for Voyeurism May Include:

• Class 5 felony: subsection A or B
• Class 4 felony if subsection b the person is recognizable
• Prison sentences vary; may range from under 2 ½ years to 8 years or more
• Permanent criminal record
• Sex offender registration for life

Defending Against Voyeurism in Arizona

• Illegally obtained evidence
• Intent must be proved
• Police procedure violations
• If Miranda rights are not read, admission of guilt may be suppressed or excluded

Obtain a Free Consultation with a Phoenix Criminal Sex Offense Attorney

If you were arrested for voyeurism or other sex offense, it is essential to understand the legal charges against you as well as the potential consequences. Arizona’s laws are extremely complicated. Attorney Jeremy Geigle of Jackson White Law offers a complimentary, no-obligation legal consultation that will give you the opportunity to discuss your case and ask related questions; this will help you chart your future course of action. Jeremy is here to help you – not to judge you. He is a compassionate and dedicated lawyer who understands that an arrest does not mean that you are guilty – he will aggressively fight for your freedom. Obtain representation from a reputable, skilled and experienced sex offense attorney who offers reasonable rates and financing.

Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.