Category: Criminal Offenses · Statute: F.S. 810.145 · Source: Florida Legislature
Understanding Invasion of Privacy in Florida
In Florida, the criminal offense commonly referred to as "invasion of privacy" is prosecuted under the state's video voyeurism statute, Florida Statute Section 810.145. This law makes it illegal to use or install an imaging device—such as a camera, smartphone, or hidden recording equipment—to secretly observe, photograph, or record a person who is dressing, undressing, or privately exposing their body. For a crime to occur, the victim must be in a location where they have a reasonable expectation of privacy, such as a restroom, fitting room, locker room, or private residence, and they must not have consented to the recording.
The statute distinguishes between different levels of severity based on the age of the victim and the offender's intent. Generally, video voyeurism is classified as a third-degree felony in Florida, carrying penalties of up to five years in prison. However, the charge can escalate if the offender has prior convictions for the same offense or if the victim is under the age of 16. Florida law also criminalizes the dissemination of such illegally obtained images or videos, making the distribution of voyeuristic material a separate, serious felony offense.
Bail and Pretrial Release for Video Voyeurism
Under Florida law, individuals arrested for felony video voyeurism are typically entitled to a non-monetary release or a standard monetary bail bond unless specific statutory exceptions apply. However, because these offenses often involve allegations of stalking-like behavior or the invasion of a victim's home, judges frequently impose strict supervised release conditions at the first appearance hearing. Defendants should expect the court to issue a mandatory "no-contact" order, prohibiting any communication with the victim, and a stay-away order restricting the defendant from the victim's residence, workplace, or school.
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