How Voyeurism Charges are Prosecuted in SC
Voyeurism is the act of viewing, recording, or filming someone as they get undressed or engage in intimacy for the purpose of sexual arousal or sexual gratification. Voyeurism entails recording or photographing someone’s genitals or other private areas, without that person’s consent. In South Carolina, voyeurism may be charged as either a misdemeanor or a felony.
If you are facing voyeurism charges, it is important that you acquire representation immediately to safeguard your rights. At Ryan Beasley Law, we know that merely being accused of voyeurism can impact your relationship with family, friends, and colleagues. That is why our Greenville sex crime attorneys are committed to clearing your name by providing the best possible defense.
SC Definition of Voyeurism
South Carolina law defines voyeurism as being either one of two types (either activity being performed without the victim’s knowledge or consent):
- Eavesdropping on another person by viewing them through windows, doors, or other places, or using video or audio equipment to spy on that individual or invade their privacy (“peeping tom” law); or
- Photographing, audio recording, video recording, or producing or creating an electronic digital file of someone in a place in which they have a “reasonable expectation of privacy” for the purpose of sexual arousal or sexual gratification.
Penalties for Voyeurism in SC
Jail Time and Fines
Under South Carolina Code § 16-17-470, voyeurism is a wobbler offense, meaning that it may be charged as a misdemeanor or felony. For example, if you are found eavesdropping, then you will likely be charged with a misdemeanor. If found guilty, you will be fined $500 and/or potentially imprisoned for three years. However, if you are found photographing, recording, or creating an electronic file of someone, the charges may be more severe. While a first offense is punishable as a misdemeanor, a second offense will be prosecuted as a felony. If convicted, you could potentially be fined up to $5,000. Additionally, you could be imprisoned for up to five years.
Registration on the Sex Offender Registry
Unfortunately, the penalties do not stop there. A voyeurism conviction will land you on the South Carolina Sex Offender Registry. Your name, picture, and other identifying information will be available to the public, damaging your reputation in your community. You may also find it challenging to obtain suitable employment, since employers are less inclined to hire a former sex offender. Since voyeurism is a tier 1 offense, you will only be able to apply for removal after 15 years have passed. If any of your information changes or you move, you must notify the sheriff’s department within three days of your relocation.
How Can a Sex Crime Attorney Help?
A Greenville sex crime lawyer understands the impact that a voyeurism charge can have on you and your family. Our legal team takes a personal interest in each case, developing defenses that will help achieve the best possible outcome. In voyeurism cases, we often focus on the defendant’s intent (which by law must entail recording or filming for the purpose of sexual pleasure) or whether the victim did in fact have a reasonable expectation during the time of the alleged act. If either element is disproved, then your criminal liability may be negated.
Speak with Our Greenville, SC, Sex Crime Lawyers Today
If you or a family member has been accused of voyeurism, these charges will not go away on their own. At Ryan Beasley Law, we understand the impact that a voyeurism charge can have on your life and future prospects. To set yourself up for success, it is important that you seek representation from a Greenville sex crime attorney immediately.
To arrange your confidential consultation with an attorney, our office can be reached online or by phone at (864) 756-4204.