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Overview of the Indiana Voyeurism Law 

In recent years, the crime of voyeurism has gained significant attention, marking a serious infringement on individuals’ personal boundaries. Indiana law takes a stern stance on voyeurism, recognizing it as a violation that not only intrudes on one’s privacy but also undermines the dignity of the affected individuals. For those accused, the implications of a voyeurism conviction are profound and far-reaching, potentially casting a long shadow over one’s future. This is where the expertise of seasoned sex crime defense lawyers becomes indispensable. 

At the Indianapolis criminal defense law firm of Keffer Hirschauer LLP, we understand the gravity of voyeurism charges and the stigma they carry. A conviction can follow you for years, affecting your employment opportunities, social relationships, and standing in the community. The consequences extend beyond legal penalties, embedding themselves in nearly every aspect of your life. Recognizing the critical nature of these charges, it is paramount to secure the best possible defense to navigate the complexities of the law and protect your future. 

While this post aims provide a broad overview of the Indiana law on voyeurism, it’s no substitute for proper legal representation; and in a landscape where the stakes are incredibly high, the choice of your defense attorney can make all the difference. With a deep understanding of the law and a commitment to defending your rights, the team at Keffer Hirschauer LLP stands ready to offer the robust representation you need to challenge voyeurism charges.  

To begin working with one of our Indiana criminal defense attorneys today, call 317-857-0160 or complete our online contact form to schedule a free consultation. 

Indiana Sex Crimes Attorney

Indiana Code on Voyeurism  

Voyeurism is explicitly addressed within Indiana Code 35-45-4-5. This statute delineates the legal boundaries and definitions surrounding the act of voyeurism, setting forth the framework for prosecution and emphasizing the serious nature of this offense. Understanding the specifics of this law is crucial for anyone facing allegations of voyeurism, as well as for legal professionals tasked with defending such cases. 

Voyeurism, as defined by Indiana Code 35-45-4-5, involves the unauthorized observation, filming, or photography of another person in a state of nudity or involved in sexual activity without their consent and in circumstances where the person has a reasonable expectation of privacy. This includes situations where individuals are in their homes, dressing rooms, restrooms, or any other location where one would not expect to be watched or recorded. The law makes clear that the intent to gratify one’s sexual desires through these actions is a critical element of the crime, distinguishing it from other forms of unauthorized recording or observation. 

The laws contained in the Indiana Code on voyeurism also provide certain statutory defenses for those accused, recognizing that not all circumstances involving the recording or observation of others are done with voyeuristic intent or without consent. Legal defenses may include the lack of sexual motivation, the presence of consent from the observed party, or the absence of a reasonable expectation of privacy on the part of the person being observed. However, these defenses require a nuanced understanding of the law and a strategic approach to legal representation, underscoring the importance of experienced legal counsel. 

Remote Aerial Voyeurism in Indiana 

Over the past decade, consumer drones have become quite popular. Given this, there have been recent updates to several Indiana statutes to address the use of drones in a criminal manner. Per Indiana Code 35-45-4-5(g), a person commits remote aerial voyeurism, a Class A misdemeanor, when they, with the intent to peep, operate an unmanned aerial vehicle in a manner that is intended to cause the unmanned aerial vehicle to enter the space above or surrounding another person’s occupied dwelling for the purpose of capturing images, photographs, video recordings, or audio recordings of the other person while the other person is: 

  • within the other person’s occupied dwelling; or 
  • on the land or premises: 
  • on which the other person’s occupied dwelling is located; and 
  • in a location that is not visible from an area: 
  • open to the general public; or 
  • where a member of the general public has the right to be; 

This offense, while being a misdemeanor at its lowest level, can be elevated to a Level 6 felony under some circumstances. This may occur if the offender has a previous, unrelated conviction for voyeurism. It may also occur if the person publishes the image(s) or recording(s); transmits or disseminates them to another person; or makes them available on the internet.  

2024 Update to the Indiana Voyeurism Law 

House Bill 1047, which was signed into law by Governor Eric Holcomb on March 12, 2024, made a significant update to the Indiana law on voyeurism. This update amended the definition of “peeping” to include “using a concealed camera with the intent of capturing an intimate image.”  For the purposes of this new definition, an intimate image shall be understood to be, as stated in Indiana Code 34-21.5-2-1, “a photograph, digital image, or video that depicts an individual engaging in sexual intercourse or other sexual conduct; or the exhibition of the uncovered buttocks, genitals, or female breast of an individual.”  

This new definition of peeping in Indiana will go into effect on July 1st, 2024. While we have yet to understand how it will be used and interpreted by courts, it’s important to understand that acts of peeping, whether conducted with the help of technology like a drone, digital camera, or spy camera or simply with the human eyes, is highly illegal in Indiana.   

Potential Penalties for Voyeurism

The statute categorizes voyeurism under several degrees of offense, depending on the nature and circumstances of the act. Factors that influence the severity of the charge include the perpetrator’s prior criminal history and whether the act involved the dissemination of any recorded material. Penalties for voyeurism can range from misdemeanor charges, carrying fines and short-term imprisonment, to felony charges, which entail more significant fines and longer periods of incarceration. 

  • Voyeurism as a Class B Misdemeanor: 0-180 days in prison; $1,000 fine 
  • Voyeurism as a Class A Misdemeanor: 0-365 days in prison; $5,000 fine 
  • Voyeurism as a Level 6 Felony: 6 months-2.5 years in prison; $10,000 fine 

Collateral Consequences

A conviction for voyeurism in Indiana carries with it not just immediate legal penalties but also long-term collateral consequences that can deeply impact one’s professional and personal life. Particularly for licensed professionals —such as healthcare professionals, teachers, social workers, etc.— the stakes are even higher. The various commissions and boards that make up the Indiana Professional Licensing agency often have broad discretion in determining the fitness of an individual to hold a professional license. Therefore, a conviction related to a sex crime like voyeurism can trigger disciplinary actions by licensing boards that may include suspension, revocation, or denial of licensure. Such outcomes not only disrupt one’s current professional standing but can also close the doors to future opportunities in the field.  

Beyond the legal and professional licensure implications, the public nature of criminal records can inflict lasting harm on one’s reputation. The stigma associated with a sex crime accusation, let alone a conviction, can erode personal relationships, community standing, and professional networks. In today’s digital world, where information is easily accessible, the repercussions of such a conviction can be amplified, making recovery and reintegration into society and the professional community even more challenging.  

Thankfully, Indiana expungement does allow for many individuals with past convictions to seal their criminal records. However, to petition for expungement, the person must meet the eligibility requirements set forth by Indiana expungement law. On top of that, the process can be rather complicated to navigate by yourself and often requires the assistance of an Indiana expungement attorney.  

The Importance of Hiring an Indiana Sex Crimes Attorney 

When facing charges as serious as voyeurism in Indiana, the decision to hire a sex crimes defense attorney is not just a strategic choice; it’s a critical step towards safeguarding your future. The intricacies of Indiana’s sex crime laws, combined with the potential for severe and lasting consequences, underscore the importance of having an experienced sex crimes lawyer in Indiana by your side. This section delves into the key reasons why engaging a lawyer with specific expertise in sex crimes defense is paramount for those accused of voyeurism. 

Experience Handling Sex Crime Cases:  The laws regarding sex crimes in Indiana are complex and ever evolving, with nuances that can significantly impact the outcome of a case. Indiana sex crimes attorneys bring a depth of knowledge and understanding of these laws, including voyeurism statutes, that general criminal defense attorneys might not possess. Their expertise allows them to navigate the legal system effectively, identify weaknesses in the prosecution’s case, and employ defenses specifically tailored to sex crime allegations. 

Strategic Defense Tailored to Your Case: Each case of alleged voyeurism has unique circumstances that require a custom-tailored defense strategy. An attorney specializing in sex crimes will evaluate the specifics of your case, including the evidence against you and the legal context, to develop a defense strategy aimed at achieving the best possible outcome. Whether it’s challenging the legality of evidence, arguing the absence of voyeuristic intent, or negotiating plea deals that minimize consequences, a specialized attorney knows how to approach these situations. 

Emotional and Psychological Support: Facing sex crime charges can be an incredibly stressful and isolating experience. An attorney who specializes in this area is not only your legal advocate but can also offer support and understanding through what is an undoubtedly difficult time. They can guide you through the legal process, help manage the stress and anxiety associated with the charges, and connect you with resources for emotional and psychological support. 

Dual-Support in Licensing Matters: Given the complexity of navigating both the criminal and professional consequences of a voyeurism charge, it is imperative for licensed professionals to engage an attorney who possesses expertise in both criminal defense and professional license defense. Such an attorney can offer a comprehensive defense strategy that addresses not only the immediate legal challenges but also the broader implications for one’s professional career and licensure status. 

In conclusion, hiring an Indiana sex crimes attorney when faced with voyeurism charges is essential. Their specialized knowledge, strategic approach to defense, and comprehensive support are crucial for navigating the legal challenges and minimizing the impact of the charges on your life. The criminal defense attorneys at Keffer Hirschauer LLP are well-versed in the complexities of sex crime defense, offering the expertise and compassionate support needed to protect your rights and future. 

Facing Criminal Charges?

Given the complexities of the Indiana law on voyeurism and the potential for life-altering consequences, securing representation from skilled defense attorneys like those at Keffer Hirschauer LLP is crucial. Our team is dedicated to navigating the intricacies of the Indiana law on voyeurism, ensuring that your rights are protected and working tirelessly to achieve the best possible outcome in your case. 

We employ one of the leading Indiana sex crime defense attorneys, J.P. Roman-Lagunas, and are led by two former deputy prosecutors, Bradley Keffer and Tom Hirschauer III, who have both prosecuted and defended against such charges. This means that with our firm by your side, you’ll have a stronger chance of securing the optimal outcome in the case against you. 

To begin addressing your criminal charges today, call 317-857-0160 or complete our online contact form to schedule a free consultation. 

Overview of the Indiana Voyeurism Law
Article Name
Overview of the Indiana Voyeurism Law
This article is about the Indiana voyeurism law, and recent updates to the law. It is current for 2024.
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Keffer Hirschauer LLP

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