Facing Voyeurism Charges in Utah? Get the Help You Need

 Posted on April 07, 2025 in Sex crimes

Voyeurism involves watching and recording others in private moments – without the consent or knowledge of the victims – to derive sexual pleasure. Voyeurism is more likely to occur in males than females (3:1) and is more common than many people believe.

About 12 percent of males in a large study and 4 percent of females reported at least one episode of voyeuristic behavior. If voyeurism is ongoing and occurs more and more frequently, it can be classified as Voyeuristic Disorder, which often occurs alongside other conditions like substance abuse, anxiety, and depression.  

While the legal consequences for a voyeurism conviction may not appear all that severe at first glance – especially when compared with the penalties for other sex crimes - voyeurism charges can easily become more serious charges. To avoid the escalation of voyeurism charges, it is important to speak to an experienced Salt Lake City, UT criminal defense lawyer.

Utah Charges of Voyeurism

Under Utah Code Section 76-9-702.7, voyeurism can be either watching another person in a situation where the person has an expectation of privacy and is in some level of undress. Voyeurism is a more serious crime when a recording device or camera is used to secretly record or photograph a part of a person’s body that the person expects to be private without the knowledge or consent of the victim. Voyeurism occurs in situations where the victim can reasonably expect privacy, including in his or her own home, a gym locker room, and a public bathroom.  

Penalties for Voyeurism in Utah

The crime of voyeurism, when no recording device or camera is used, is charged as a Class B misdemeanor, with penalties of up to six months in jail and a maximum fine of $1,000. If the victim is younger than 14, the crime is charged as a Class A misdemeanor. When a recording device or camera is used, voyeurism is charged as a Class A misdemeanor.

A conviction for a Class A misdemeanor can include up to 364 days in jail and a maximum fine of $2,500. The individual will also be required to register as a sex offender for a period of ten years after completion of probation with no possibility of removal. A conviction for a Class B misdemeanor does not require sex offender registry.    

Voyeurism with a recording device or camera can be charged as a third-degree felony if the act is committed against a child under the age of 14 or when the images are distributed or sold to others. If the act is committed against a child under the age of 14 and distributed or sold to others, it becomes a second-degree felony.

Penalties for a third-degree felony include up to five years in prison and a maximum fine of $5,000, plus sex offender registry for 10 years. Penalties for a second-degree felony include up to 15 years in prison, a maximum fine of $10,000, and sex offender registry for 10 years.  

What Are the Most Common Defenses for Voyeurism?

While every situation is different, and the defense will depend on the facts and circumstances surrounding the charges, the most common defenses against charges of voyeurism include:

• The alleged victim had no expectation of privacy
• The recording device was easily visible
• The technology used was not for the sole purpose of viewing the alleged victim, i.e., it was a home security camera
• The evidence was not obtained with a valid search warrant
• There were violations of the defendant’s civil rights

Contact a Davis County, UT Sex Crimes Attorney

If you have been charged with voyeurism or another type of sex crime, you must take these charges very seriously. Sex crimes typically have harsh penalties, including sex offender registry, along with social stigma and other collateral consequences. Speaking to a Salt Lake City, UT sex crimes lawyer from Collins Rupp, P.C. can make a difference in the outcome of your charges.

Our attorneys have diverse backgrounds, are zealous advocates, and will aggressively fight for each client’s rights and freedom. Attorney Rupp is a retired U.S. Marine Corps officer, while Attorney Collins began his career in the auto industry. To schedule your free consultation, call 385-777-2753.