Voyeurism is charged under Texas Penal Code Section 21.16 which is a Class C Misdemeanor. If the person charged has two or more prior convictions then the crimes is a Class B Misdemeanor. The crime can be classified as State Jail Felony if the victim is child younger than 14 years.
Each element of the offense must be proven beyond all reasonable doubt including:
- the defendant acted with the intent to arouse or gratify the sexual desire of the actor;
- observes another person without the other person’s consent;
- while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy.
Texas law provides that a person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or to cause the result.
If you were charged with the crime of voyeurism as either a felony or a misdemeanor, then contact an experienced criminal defense attorney in San Antonio, TX.
Call (210) 738-8383 for a consultation to discuss the case with Attorney Don Flanary with Flanary Law Firm, PLLC.
Don Flanary represents clients throughout Bexar County and the surrounding counties of Atascosa County, Bandera County, Comal County, Guadalupe County, Kendall County, Medina County, and Wilson County.
Policy Consideration Behind Voyeurism Crimes
According to the bill analysis from the Senate Research Center for S.B. 144, 80R487 HLT-D filed on April 5, 2007, the policy considerations behind the criminal penalties for voyeurism were justified because sexual violence works on a continuum. According to the bill analysis, the sexual violence continuum includes verbal harassment and any type of unwanted sexual contact.
“Early behaviors in this continuum, such as voyeurism, can progress to much more serious offenses such as rape.” The analysis recognized that Chapter 21 for sexual offenses in the Penal Code, defined a number of forms of sexual offenses. The purpose of the purposed legislation was to list voyeurism as a sexual offense instead of a disorderly conduct offense. The report found that “[e]stablishing voyeurism as a sexual offense may better address the significance of the crime of voyeurism and may assist law enforcement agencies with catching and treating sexual offenders early in the continuum before they potentially commit more serious offenses not a sexual offense.”
Finding a Lawyer for Voyeurism Crimes in Bexar County, TX
If you were charged with voyeurism of another type of sexually motivated crime in Bexar County or the surrounding areas in the greater San Antonio area, then contact Don Flanary with Flanary Law Firm, PLLC.
Don Flanary represents clients charged with a variety of sex crimes including improper photography or recording, unlawful disclosure, revenge porn, and invasive visual recording. He also represents clients for a variety of criminal offenses related to disorderly conduct.
If you were arrest in San Antonio or the surrounding communities in Bexar County, TX, including New Braunfels, Boerne, Alamo Heights, Schertz, Leon Valley, Canyon Lake, Seguin, Cibolo, Converse, Live Oak, Timberwood Park, Universal City, Fair Oaks Ranch, Floresville, Helotes, Hondo, Kirby, Lackland AFB, Lakehills, Pleasanton, Selma, Terrell Hills and Windcrest.
Call (210) 738-8383 today to discuss your case with an experienced criminal defense attorney in San Antonio, TX.
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Donald H. Flanary III
“I see our duty as more than just counselors and advocates, but as warriors.”