Voyeurism is a serious criminal offense in Utah that involves secretly observing or recording another person in a private setting without their consent. These charges often arise from allegations involving hidden cameras, peeping, or unauthorized video recordings in bathrooms, changing rooms, or private residences. A conviction for voyeurism not only carries the risk of jail or prison time but may also require mandatory sex offender registration, which can have lifelong consequences.
If you or a loved one is facing voyeurism charges, it is essential to secure strong legal defense immediately.
Utah Voyeurism Defense Attorney
At Susanne Gustin, Attorney at Law, we understand the severe impact voyeurism charges can have on your reputation, career, and future opportunities. Even an accusation can cause embarrassment and social stigma before your case ever reaches court. Our firm has decades of experience handling complex sex crime cases across Utah and provides aggressive, discreet, and compassionate defense for individuals accused of voyeurism.
Call Susanne Gustin today at (801) 243-2814 to schedule a confidential consultation and begin building your defense strategy.
Information Center
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- Understanding Voyeurism Under Utah Law
- Key Elements a Jury Considers in Voyeurism Cases
- Situations Where Voyeurism May Occur
- Penalties for Voyeurism in Utah
- Statute of Limitations for Voyeurism in Utah
- Defenses to Voyeurism Charges in Utah
- How Voyeurism Cases Differ from Other Sex Crimes
- Frequently Asked Questions
- Additional Resources
Understanding Voyeurism Under Utah Law
Under Utah Code § 76-9-702.7, voyeurism occurs when a person:
- Intentionally uses any means (such as cameras, mirrors, or their own eyes) to view or record another individual,
- Without that individual’s knowledge or consent, and
- In a circumstance where the person has a reasonable expectation of privacy (e.g., bathrooms, locker rooms, bedrooms).
The law also criminalizes the distribution of voyeuristic recordings. Possessing or sharing such materials, even if you were not the one who created them, may result in additional charges.
Key Elements a Jury Considers in Voyeurism Cases
- Proof of Intent – Jurors must determine whether the defendant intentionally engaged in voyeurism rather than accidentally viewing or recording.
- Expectation of Privacy – The jury evaluates whether the alleged victim reasonably expected privacy in the location where the conduct occurred.
- Use of Technology – Evidence of cameras, recording devices, or other tools may heavily influence a jury’s view of intent and premeditation.
- Corroboration of Evidence – Jurors will weigh whether testimony is supported by physical or digital evidence such as recovered video files, photographs, or witness accounts.
- Credibility of Witnesses – As with many sex crime cases, the jury’s perception of the alleged victim’s and defendant’s credibility may strongly impact the outcome.
Situations Where Voyeurism May Occur
Voyeurism charges often arise in specific environments where individuals reasonably expect privacy but may also be vulnerable to observation or recording. Understanding these common situations can help clarify how prosecutors build their cases:
- Locker Rooms and Changing Areas – Hidden cameras or peeping in gyms, schools, or recreational facilities are classic scenarios that lead to voyeurism allegations. Because people are undressing or in states of undress, courts consider these areas to provide the highest expectation of privacy.
- Bathrooms and Restrooms – Installing cameras in stalls or attempting to peer under dividers is one of the most common forms of voyeurism. Even a single incident of attempted observation can result in criminal charges.
- Bedrooms and Private Residences – Cases often involve accusations of secretly recording roommates, guests, or romantic partners without their consent. Recordings in these settings are considered especially serious because of the heightened expectation of privacy.
- “Upskirting” or “Downblousing” – Taking unauthorized photos or videos under someone’s clothing in public places, such as shopping malls, concerts, or on public transit, is a form of voyeurism explicitly criminalized in Utah. These situations are treated harshly by prosecutors, particularly if the alleged victim is a minor.
- Hotels and Short-Term Rentals – Voyeurism cases have also involved hidden devices in rental properties, such as Airbnb or hotel rooms. Guests in these locations have a strong expectation of privacy, and violations can lead to severe felony charges.
- Workplace Settings – Employees may face charges for allegedly placing recording devices in staff bathrooms or locker rooms. In addition to criminal penalties, these cases often trigger significant employment and civil consequences.
In each of these situations, the expectation of privacy is a crucial legal factor. Prosecutors must prove that the alleged victim reasonably expected privacy in the given setting, and defense strategies often focus on whether this expectation was present.
Penalties for Voyeurism in Utah
The penalties for voyeurism vary depending on the circumstances:
- Class B Misdemeanor – Simple voyeurism (observing without recording) may result in up to 6 months in jail and fines up to $1,000.
- Class A Misdemeanor – Voyeurism involving minors aged 14–17 or repeat offenses can elevate the charge, punishable by up to 1 year in jail and fines up to $2,500.
- Third-Degree Felony – Recording or distributing voyeuristic material involving a minor under 14 or in aggravated circumstances may result in up to 5 years in prison and $5,000 in fines.
Sex Offender Registration: Many voyeurism convictions require registration as a sex offender in Utah. This obligation can restrict housing, employment, and educational opportunities for years, even for first-time offenders.
Statute of Limitations for Voyeurism in Utah
In Utah, misdemeanor voyeurism charges generally must be filed within 2 years of the alleged offense. Felony-level voyeurism charges, particularly those involving minors, carry longer statutes of limitations, up to 4 years or more. However, in cases where recordings are later discovered, the statute may begin from the date the material was found, not when the act occurred.
Defenses to Voyeurism Charges in Utah
An experienced defense attorney may use several legal strategies to fight voyeurism allegations:
- Lack of Intent – The law requires that the act be intentional. Accidental viewing or recording, such as inadvertently appearing in the background of a video, may not meet the threshold for criminal liability.
- Consent of the Alleged Victim – If the alleged victim consented to being viewed or recorded, the act may not constitute a crime under Utah law.
- No Reasonable Expectation of Privacy – The setting of the alleged act is critical. Voyeurism laws only apply where the alleged victim had a reasonable expectation of privacy, such as a restroom or changing room.
- Insufficient Evidence – Many cases rely heavily on circumstantial evidence or allegations without corroboration. If there is no clear proof of viewing or recording, charges may be reduced or dismissed.
- Mistaken Identity – In cases involving hidden cameras or crowded settings, the defense may argue that the accused was misidentified as the perpetrator.
How Voyeurism Cases Differ from Other Sex Crimes
Unlike crimes involving physical sexual assault, voyeurism often leaves behind digital evidence such as videos, photographs, or metadata from devices. Prosecutors may use this evidence to strengthen their case. On the other hand, this reliance on digital evidence also provides opportunities for the defense to challenge the authenticity, chain of custody, or ownership of such material.
Frequently Asked Questions
Is voyeurism always a felony in Utah?
No. Basic voyeurism is typically a misdemeanor, but aggravated cases—especially those involving minors or recording—can be charged as felonies.
Can voyeurism charges lead to sex offender registration?
Yes. Many voyeurism convictions, especially those involving recording or minors, require mandatory sex offender registration.
What if I accidentally recorded someone without their consent?
Accidental recordings may not rise to the level of a crime if intent cannot be proven. However, prosecutors may still pursue charges depending on circumstances.
What happens if voyeuristic material is shared online?
Distribution greatly enhances the seriousness of the offense, often elevating it to a felony with harsher penalties.
Can charges be dismissed if there is no video evidence?
Yes. Many cases rely on circumstantial evidence, and without solid proof of recording or observation, the defense can argue for dismissal.
Additional Resources
Utah Code § 76-9-702.7 – Voyeurism Statute – Official legislative text outlining the elements of voyeurism under Utah law.
Utah Sex Offender Registry – Information about registration requirements and restrictions following a conviction.
Hire a Utah Voyeurism Defense Attorney
If you are facing voyeurism charges in Utah, you need experienced representation to protect your freedom and reputation. Susanne Gustin, Attorney at Law, has successfully defended clients accused of sex crimes for decades.
Call Susanne Gustin today at (801) 243-2814 to schedule a confidential case evaluation and begin building a strong defense.
