In Arizona, voyeurism is a serious criminal offense defined under A.R.S. § 13-1424 and related statutes. At its core, the law makes it unlawful for a person to knowingly invade another person’s privacy without their knowledge or consent for the purpose of sexual stimulation. This includes secretly observing, recording, photographing, displaying, or distributing images of someone who has a reasonable expectation of privacy, such as in a bathroom, bedroom, or other private space.
None of these words mean very much, of course, unless the phrase “invasion of privacy” is adequately defined. The statute therefore goes on to say that it includes a number of possible circumstances, in which the person photographed or recorded has a reasonable expectation that they will not be viewed and/or photographed, taped or recorded, and that the viewing/photographing/taping/recording includes:
While some of these situations may be fairly straightforward, some are not. For example, in what circumstances can the viewing of a fully clothed person be an invasion of privacy? This is not the only case where questions may arise as to the meaning and interpretation of the voyeurism law.
For purposes of sex crimes, ARS 13-1401A7 defines the phrase “without consent” to include much more than simply being unaware of the situation in question. It also includes
(a) being coerced or forced by the threat of immediate force against a person or property,
(b) lack of consent by virtue of mental disorder, intoxication (drugs or alcohol) or any situation in which the alleged victim’s cognition is impaired provided that the condition is known or reasonably should be known by the other party,
(c) the alleged victim is deceived intentionally as to the nature of the act in question, or
(d) the alleged victim is deceived into believing that the other person is the victim’s spouse.
The essence of the above statute leads to the conclusion that voyeurism crime includes not only situations where the viewing/photographing/taping takes place without the alleged victim’s knowledge, but also where consent is predicated on deception, mental disorder, or drugs and/or alcohol.
There are numerous situations in which conduct that might otherwise be classified as voyeurism is specifically exempted. These situations include:
While the above list details the statutory exceptions to a voyeurism charge, there are additional defenses that may apply in a voyeurism case.
Voyeurism charges in Arizona carry serious legal consequences that can follow a person long after a case ends. Under Arizona law, these offenses are treated as felonies and may result in prison time, substantial fines, and long-term damage to personal and professional reputations. Understanding how Arizona defines voyeurism, how penalties are classified, and what factors can increase or reduce potential sentencing is critical for anyone facing allegations. At Feldman & Royle, we believe clear, accurate information is the first step toward protecting your rights and making informed legal decisions.
Most basic voyeurism cases fall into this category. A Class 5 felony conviction carries serious ramifications beyond incarceration, impacting employment, housing opportunities, and personal reputation.
The law treats the dissemination of identifiable images more seriously because it directly expands the harm to victims and may involve public distribution or publication.
Certain defenses may be raised to any charge, and these are not necessarily dependent upon the case being a voyeurism or other sex crime case. Materials (videotapes, recordings, etc.) obtained through a search violating your Fourth Amendment rights will lead to the materials being excluded from evidence. In some case, the inability to use these materials could effectively destroy the prosecution’s case against you. Similarly, prosecutorial misconduct, false testimony, and entrapment, among others, may lead to your case being thrown out.
With regard to the defense of a voyeurism charge in Arizona, however, the starting point is that the action complained of – viewing, videotaping, recording, photographing, etc. – is only illegal where it is both knowing and for the purpose of sexual stimulation. Your state of mind in this regard, both that you are aware of your actions and that they are for the purpose of sexual stimulation, are elements of the offense and must be proven beyond a reasonable doubt. Absent such proof, the case against you will ultimately be dismissed, or a not guilty verdict will be entered.
No. What you saw took place in the general retail section of a clothing store during business hours; once the woman left the dressing room, she had no reasonable expectation of privacy. Moreover, even though you may have been sexually stimulated by what you saw, you did not knowingly invade her privacy. You were simply in the area when the event took place.
No. When you opened the text, you were unaware of the contents. Any view you had was not knowing, nor was it for the purpose of sexual stimulation.
No. Lack of consent is an essential element of any voyeurism charge. Not only did this man consent to your viewing the picture, but he also sent it to you for that purpose.
If you’re facing voyeurism crime charges, having an experienced voyeurism defense attorney is crucial. At Feldman & Royle, our Phoenix criminal defense attorneys understand the sensitive nature of these cases and the serious consequences they can carry, from criminal penalties to long-term damage to your reputation. As trusted Phoenix voyeurism crime defense attorneys, we carefully examine every detail of the case, including the circumstances of the arrest and the evidence presented, to build a strong and strategic defense. Our goal is to protect your rights, challenge weak accusations, and work toward the best possible outcome for your future. Get a free consultation for Arizona voyeurism charges.
At Feldman & Royle, we understand the unique weight these charges carry and bring the skill, discretion, and experience needed to protect what matters most.
What sets us apart?
We know exactly how the state builds voyeurism cases, from the types of evidence they rely on to the strategies they use in court. That insider knowledge gives us the ability to anticipate, challenge, and dismantle their case against you.
Voyeurism charges can escalate quickly if not addressed properly. From the moment you bring us on, we focus on early negotiations, working to reduce charges or have them dismissed while preparing a powerful defense in case a trial becomes necessary.
These cases often hinge on digital evidence, witness testimony, and circumstantial claims. We dig into every detail, identifying inconsistencies, exposing weaknesses, and ensuring your side of the story is fully heard.
We know how personal and overwhelming these allegations can feel. Every case is handled with the highest level of discretion and respect, so you can trust that your privacy, dignity, and future are our top priorities.
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