Cleveland Voyeurism Defense Attorneys

Helping Our Clients Make Informed Decisions 

Being accused of public indecency can be a difficult and stressful experience. However, it is important to remember that an accusation is not the same as a conviction. With the right defense, you may be able to secure a favorable outcome for your case.

Mastandrea Law, LLC stands ready to help you navigate this difficult situation. With a proven track record serving clients since 2009, our experienced attorneys understand the nuances of voyeurism cases. We take a personalized approach, working closely with you to help you understand the specifics of your case. We'll answer your questions in clear terms, ensuring you fully grasp the charges, potential penalties, and every detail of your defense strategy.

Call (216) 306-5105 or complete our online contact form to schedule a consultation with our attorneys.  

Ohio Revised Code § 2907.08 | Legal Definition of Voyeurism 

In Ohio, voyeurism is generally defined as secretly observing another person for the purpose of sexual arousal or gratification. A key element of voyeurism charges is the act of spying, eavesdropping, or recording. 

Voyeurism can also involve trespassing or trying to secretly photograph, videotape, broadcast, stream, or record a person’s or a minor’s private areas in an area where that person “has a reasonable expectation of privacy.” It is also considered voyeurism if a person tries to covertly film or record a person through, under, or above their clothes to see the other party’s undergarments. 

Penalties for a Voyeurism Conviction 

The specific penalties can vary depending on the circumstances, such as whether the victim is a minor. The penalty breakdown is as follows: 

• Voyeurism involving a minor is considered a fifth-degree felony, which is punishable by up to a $2,500 fine and six to 12 months of imprisonment. 
• Voyeurism involving spying or eavesdropping is a third-degree misdemeanor, which is punishable by a $500 fine and up to 60 days in jail. 
• Voyeurism involving spying or recording a person’s private areas is a second-degree misdemeanor, which is punishable by a $750 fine and up to 90 days in jail.  
• Voyeurism involving trying to record a person’s undergarments is a first-degree misdemeanor, which is punishable by a $1,000 fine and up to 180 days in jail. 

Potential Defense to Ohio Voyeurism Charges 

Common defense against voyeurism charges include: 

• No reasonable expectation of privacy. The observation occurred in a public place where there's no expectation of privacy (e.g. a nude beach or public restroom with open stalls).
• Lack of sexual intent. The recording/observation wasn't for sexual gratification (e.g. a security camera accidentally capturing someone undressing, recording a wildlife documentary, etc.).
• Consent. The person being observed gave their consent (be very careful with this defense, as consent can be withdrawn, and recording someone without their knowledge is generally not okay).
• Mistake. The recording/observation was accidental or unintentional (e.g., misplaced camera captures something unintended).
• Procedural issues. The evidence used against you (recordings, photos) was obtained through an illegal search and seizure by law enforcement.
• Lack of sexual content. A person can only face voyeurism charges if they are eavesdropping or documenting a person in the nude, in their undergarments, or engaged in a sexual act. If the content does not contain anything of a sexual nature, your attorney can challenge the validity of the charges.