Last week a former Hillsborough County Sheriff’s deputy turned himself in on a warrant for three counts of Video Voyeurism. Justin DiBiase is accused of installing cameras in his bathroom and recording videos of two different people without their permission in private situations. Both persons are over the age of eighteen. Here is a brief analysis of the charge and defenses based on what we know so far.
Video Voyeurism is secretly observing another person in a lewd or lascivious manner and with indecent intent while the person is in a place where they have a reasonable expectation of privacy. Simply put, it’s the act of watching someone in a private area for perverse sexual reasons. Florida treats this as a serious offense that requires registration as a sexual offender. Video Voyeurism is a Third-Degree Felony punishable by up to 5 years in prison.
There are several potential defenses to these charges. The first and probably the most obvious is consent. If the person being filmed is aware they are being filmed in a private area then they do not have an expectation of privacy. This can even be true for typically private areas if appropriate signage with warnings are posted or the person is informed of the presence of cameras before entering the area. If Mr. DiBiase wishes to have cameras in his house for his own security that is legal provided persons entering private areas are made aware they will be on film. Additionally if this restroom was not open to other people besides Mr. DiBiase and it was entered despite warning and without permission this will charge whether the persons filmed had an expectation of privacy.
The intent behind filming is also important. A documentary that inadvertently includes nudity despite precautions is not being filmed with indecent intent. The same is true or an artistic or educational film that may include nudity or even sexual actions. The intent is generally influenced or can be deduced by the level of consent from the person being filmed. Good intent without consent may still be a crime. Returning to Mr. DiBiase’s situation, it will be important to learn all the facts for a defense including who the persons filmed are and how they know Mr. DiBiase. This investigation will influence the direction of the case. It is always important to get an experienced criminal law attorney with an experienced firm on your case as soon as possible to begin this investigative process.
If you or your loved one are being accused of committing a crime, you should consult with one of our Criminal Defense Attorneys, don’t hesitate to call us at 352-WIN-4YOU We are available 24/7 and we offer payment plans.