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What penalties could I face for a voyeurism charge in Maryland?

On Behalf of | May 30, 2024 | criminal defense |

When we hear the word “voyeurism,” our minds may turn to one of any number of depictions from movies over the past several decades in which a stereotypical teenage “nerd” is perched in a tree, using a pair of binoculars to spy on his crush undressing in her bedroom.  Hijinks typically ensue, and the scene is played for laughs.  In reality, however, voyeurism is an invasive crime, and the penalties associated with it are anything but funny.

In Maryland, three sections of the criminal statute address three specific sets of circumstances that can generally be referred to as “voyeurism.”  This post will focus on the most common one.  Under Section 3-902 of Maryland’s Criminal Law Article:

(c) A person may not with prurient intent conduct or procure another to conduct visual surveillance of:

(1) an individual in a private place without the consent of that individual;  or

(2) the private area of an individual by use of a camera without the consent of the individual under circumstances in which a reasonable person would believe that the private area of the individual would not be visible to the public, regardless of whether the individual is in a public or private place.

The statute classifies this type of voyeurism as a misdemeanor and allows for a maximum penalty of one (1) year in prison, a $2500 fine, or both.

Voyeurism is also one of the crimes for which Maryland law gives the alleged victim a civil cause of action against the perpetrator–meaning that someone who is found guilty of voyeurism in a criminal case may also be ordered to pay actual damages and attorney’s fees to the alleged victim in a civil case as well.

How can Maronick Law help?

No matter where in Maryland you may face a voyeurism charge, the attorneys at Maronick Law stand ready and eager to help defend you.

In order to find you guilty, the prosecutor in your case would have to prove the various elements of the crime of voyeurism beyond a reasonable doubt, which equates to a level of certainty of roughly 98-99%.  Anything less certain than that, and a judge or jury must find you not guilty.  If your actions were not done out of prurient, or sexual, intent, then you are not guilty of voyeurism.  If you had the alleged victim’s consent at the time of your actions, then you are not guilty of voyeurism.  If the alleged victim was in a public place, then you are not guilty of voyeurism.  Our attorneys have the training, knowledge, and experience to understand the key points of a voyeurism charge and are fully prepared to represent you at trial if need be.

We also have a great rapport with prosecutors and judges throughout Maryland, so if you would rather enter into a plea deal in your case, our attorneys will advocate tirelessly for the best possible sentence for you.  No matter your primary goal in pleading guilty–whether it be to avoid jail time, to get other charges dismissed, or to simply put this situation behind you–we will happily work with the State’s Attorney’s Office and the court to identify the kind of arguments, biographical factors, and rehabilitative opportunities that could convince them to grant you leniency in your case.

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