Florida’s Peeping Tom Laws
Under Florida law, a peeping tom is someone who watches another person without his or her consent or knowledge. Florida’s burglary and trespassing statutes govern peeping tom offenses, which can be punishable by a monetary fine and jail time. Florida also classifies the observation of another person without his or her permission as voyeurism. Looking into another person’s home or another building where there is an expectation of privacy is illegal. Florida’s voyeurism law also prohibits someone from looking at another’s private areas – defined as any portion of the person’s body or undergarments covered by clothing and intended to be protected from public view – when he or she is in a public place. In order to be charged with these crimes, the accused must have had an indecent or lustful intent when viewing the victim.
First offenders can be charged with a first-degree misdemeanor, punishable by up to one year in jail and a maximum fine of $1,000. Subsequent offenses may result third-degree felony charges, punishable by up to five years in jail and a maximum fine of $5,000.
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Florida’s Stand Your Ground Law
In the case above, the accused may try to use Florida’s controversial “Stand Your Ground” law as a defense to manslaughter charges. According to news reports, the accused was attacked first by the peeping tom, on his girlfriend’s property, resulting in the physical altercation. Under this law, a person is legally allowed to use deadly force to protect him or herself when he or she fears imminent death or great bodily harm. In Florida, there is no duty to retreat before using deadly force. This means that when someone is legally in a place they are allowed to be, they do not have to try to get away from the other person before using deadly force. This rule applies even if the person could have gotten away without being harmed. If used successfully, a defense under Florida’s “Stand Your Ground” law can make an accused immune from being prosecuted criminally if the other person is harmed or killed as a result of the altercation.
Under Florida law, a peeping tom is someone who watches another person without his or her consent or knowledge.
Florida Criminal Defense Attorneys
If you or someone you know has been charged with a crime, or is in need of any other type of legal representation, contact Bogin, Munns & Munns. Our criminal defense attorneys understand Florida criminal law and will fight for your rights. Contact us today to schedule your free criminal defense consultation.
NOTICE: The article above is not intended to serve as legal advice, and you should not rely on it as such. It is offered only as general information. You should consult with a duly licensed attorney regarding your Florida legal matter, as every situation is unique. Please know that merely reading this article, subscribing to this blog, or otherwise contacting Bogin, Munns & Munns does not establish an attorney-client relationship with our firm. Should you seek legal representation from Bogin, Munns & Munns, any such representation must first be agreed to by the firm and confirmed in a written agreement.