Surreptitious Photographing, Videotaping, Filming or Digitally Recording or Viewing
Often these types of allegation arise in Orders of protection pursuant to A.R.S. 13-3602. We highly recommend you hire a criminal defense lawyer to contest the order of protection as it may be the only time you get to question and confront an alleged victim short of trial as they have the right to deny a defense interview. If often sets you up with some very telling information that could help you obtain a dismissal, not guilty, or favorable plea in an accompanying criminal case.
Pursuant to A.R.S. 13-3019 It is unlawful for any person to knowingly photograph, videotape, film, digitally record or by any other means secretly view, with or without a device, another person without that person’s consent under either of the following circumstances:
- In a restroom, bathroom, locker room, bedroom or other location where the person has a reasonable expectation of privacy and the person is urinating, defecating, dressing, undressing, nude or involved in sexual intercourse or sexual contact.
- In a manner that directly or indirectly captures or allows the viewing of the person’s genitalia, buttock or female breast, whether clothed or unclothed, that is not otherwise visible to the public.
These types of violations are a class 5 felony, unless it does not involve the use of a device, then it is a class 6 felony. Except, a subsequent offense that does not involve the use of a device would be a class five felony.
- It is unlawful to disclose, display, distribute or publish a photograph, videotape, film or digital recording made in violation of subsection A of this section without the consent or knowledge of the person depicted.
A violation of this section of the statue is a class five or six felony, unless the person is recognizable-then it is a class four felony.
“sexual contact” and “sexual intercourse” have the same meanings prescribed in A.R.S. 13-1401
Defenses and Exceptions
This statute does not apply to:
Photographing, videotaping, filming or digitally recording for security purposes if notice of the use of photographing, videotaping, filming or digital recording equipment is clearly posted in the location and the location is one in which the person has a reasonable expectation of privacy. The use of a child monitoring device as defined in A.R.S. 13-3001. There are a number of other factual or constitutional issues that could arise in your case. You need an experienced and aggressive Arizona Criminal Defense lawyer to protect and fight for you.
Feel free to call us at any time with any questions or inquiries you may have. We offer a free 60 minute consultation to all of our clients. See contact details below.
The Litwak Law Group
Criminal Defense & Civil Litigation Attorney