The term “voyeurism" refers to the practice of gaining sexual pleasure from watching others when they are naked or engaged in sexual activity.
Under Utah law, the penalties for voyeurism depend on a variety of factors including whether the act involved video recording another person and whether the defendant has any prior convictions for a similar offense.
Attorney for Voyeurism Crimes in Salt Lake City, UT
If you were charged with voyeurism or video voyeurism under Utah code 76-9-702.7, contact an experienced criminal defense attorney in Salt Lake City to discuss your case.
We can help you understand the charges pending against you. We represent clients charged with a wide range of sexually motivated crimes including posting revenge porn online.
Contact us to find out the best ways to fight the charges and avoid the typical penalties.
Additional Information about Voyeurism Crimes in Utah
Elements of Voyeurism
Elements of Video Voyeurism
Distribution of Video Obtained from an Act of Voyeurism
Elements of Voyeurism
Under Utah code 76-9-702.7, a person can be charged with voyeurism when the person views or attempts to view an individual, with or without the use of any instrumentality, under the following circumstances:
with the intent of viewing any portion of the individual's body regarding which the individual has a reasonable expectation of privacy, whether or not that portion of the body is covered with clothing
without the knowledge or consent of the individual
under circumstances in which the individual has a reasonable expectation of privacy
The crime of voyeurism is classified as a class B misdemeanor. The penalties are enhanced to a class A misdemeanor if the crime is committed against a childunder 14 years of age.
Elements of Video Voyeurism under 76-9-702.7(1)
In the State of Utah, a person is guilty of voyeurism when the person intentionally uses any type of technology to secretly or surreptitiously record video of or photograph a person
for the purpose of viewing any portion of the individual's body regarding which the individual has a reasonable expectation of privacy, whether or not that portion of the body is covered with clothing
without the knowledge or consent of the individual
under circumstances in which the individual has a reasonable expectation of privacy.
A violation of this crime is a class A misdemeanor. If the offense is committed against a child under 14 years of age, the crime can be charged as a third-degree felony.
Distribution of Video Obtained from an Act of Voyeurism
The distribution or sale of any images, including in print, electronic, magnetic, or digital format, obtained during the offense of voyeurism by transmission, display, or dissemination can be charged as a third-degree felony.
The penalties are enhanced to a second-degree felony if any of the images are of a child under 14 years of age.
Finding a Lawyer for Voyeurism Crimes in Utah
The defense lawyersat Brown, Bradshaw & Moffat have decades of experience defending clients from sexually motivated crimes. If you were charged with voyeurism in Utah, call us for a free consultation to discuss your case today.
Frequently Asked Questions About Voyeurism Charges in Utah
1What is the legal definition of voyeurism in Utah?
In Utah, voyeurism occurs when someone intentionally views or records another person without their consent in a location where that person has a reasonable expectation of privacy. This includes using technology (like hidden cameras or smartphones) or physical means (like peeping) to view parts of a person's body they expect to remain private, regardless of whether the person is clothed or unclothed. See Utah Code § 76-12-306.
The classification of a voyeurism charge depends on the method used and, in some cases, the victim's age:
Class B misdemeanor: Standard voyeurism — viewing without recording. This can be enhanced to a class A misdemeanor if the victim is under 14, if it occurs in a privacy space not designated for the offender's sex, or if it's committed alongside certain other offenses like lewdness.
Class A misdemeanor: Video voyeurism — using technology to record or photograph the individual.
Third-degree felony: Video voyeurism becomes a third-degree felony if the victim is under 14 years of age. Distributing or selling voyeuristic recordings is also a third-degree felony on its own.
Second-degree felony: If the offender distributes or sells recordings involving a victim under 14 years of age.
3What are the penalties for a voyeurism conviction?
A conviction carries significant legal consequences under the Utah Criminal Code:
Incarceration: Jail time can range from 6 months (class B) to 364 days (class A). Felony convictions can lead to up to 5 years (third degree) or 1–15 years (second degree) in state prison.
Fines: Criminal fines range from $1,000 (class B) up to $10,000 (second-degree felony), plus surcharges.
Sex offender registry: Voyeurism convictions involving recording (class A or felony-level) or a victim under 14 typically require registration on the Utah Sex, Kidnap, and Child Abuse Offender Registry, generally for a minimum of 10 years.
4Can I be charged with voyeurism if the person was in a public place?
Yes. The law hinges on the reasonable expectation of privacy, not just the location. For instance, Utah law specifically recognizes that an individual has a reasonable expectation of privacy within public restrooms, fitting rooms, and locker rooms.
Taking upskirt photos or recording someone over a stall door in a public facility constitutes voyeurism because the victim expects privacy for those specific body parts in that context.
5What should I do if I am accused of voyeurism in Salt Lake City?
If you are being investigated, do not attempt to explain your side to the police, as these statements can be used against you. Contact a qualified defense attorney immediately. A lawyer can help determine if the expectation of privacy was legally met, challenge the digital forensic evidence, and negotiate to avoid the devastating long-term requirement of sex offender registration.
DISCLAIMER: The information in this document is for general educational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation. Contacting Brown, Bradshaw & Moffat does not create an attorney-client relationship.
Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah. The use of this form for communication with our personnel does not establish an attorney-client relationship.
