Peeping Tom Charges Can Mean Serious Trouble in Tulsa
When we think of Peeping Toms, we think of voyeurism. The term ostensibly came about when Peeping Tom spied on Lady Godiva as she rode naked through the streets of Coventry in protest over high taxes.
It is a cute name, but being a Peeping Tom is a crime in Oklahoma. It is voyeurism. In Oklahoma, a Peeping Tom is defined as a person who hides, waits, or loiters near a person’s home, restroom, dressing room, or in any other place in which a person has a reasonable expectation of privacy, with the express and unlawful intent of watching or looking at that person in a clandestine manner. Okla. Stat. tit. 21 § 1171
This is classic voyeurism — getting sexual gratification from watching another person’s private activities.
Misdemeanor or Felony? It Depends
Peeping Tom charges often are treated as a misdemeanor in Oklahoma. A neighbor using binoculars to watch another neighbor undress, or a person watching neighbors having sex through their window or the like, are classic scenarios leading to a misdemeanor charge. If convicted, a defendant can face up to one year in county jail, or a fine of up to $5,000, or both.
But Peeping Tom charges can rise to the level of a felony under the right circumstances.
As soon as a person uses photographic, electronic or video equipment as part of their viewing — for any illegal, illegitimate, prurient, lewd or lascivious purpose — the matter is treated as a felony. Likewise, anyone who publishes or distributes any image obtained from such an act will be charged with a felony.
Recording makes the damage to the victim much more pronounced. With the advent of the internet, it has become a simple task to upload contents that can forever change someone’s private life. If convicted, a defendant could serve up to five years in prison, pay a fine of up to $5,000, or both.
Here are the elements of the crime:
- hiding, waiting, or loitering;
- near a private dwelling house, apartment building, residence, locker, dressing room, restroom, or any other place in which a person has a right to a reasonable expectation of privacy;
- with the unlawful and willful intent;
- to watch, gaze, or look upon any person;
- in a clandestine manner.
OUJI-CR 4-136
If any of these elements are missing, you have a viable defense to the crime. Talk to an experienced Tulsa criminal law defense attorney to see what facts in your case will help you build a strong defense.
Sexual Offender Registry May Be Mandated
If convicted, you could be required to register with the sexual offender registry. For many offenders, this can be the most difficult part of a conviction.
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