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Indiana’s Voyeurism Statues Deal Harshly with Alleged Peeping Toms

The phrase “wrong place, wrong time” applies all too well to many of the voyeurism cases we handle. Even those with good intentions—including bystanders investigating a concerning scream or apparent physical altercation—could be charged under Indiana’s voyeurism statutes.

You must understand the burden of proof the state must meet to convict you of a voyeurism offense, as not everyone who looks in a window or records a video is a peeping Tom.

What Indiana Statutes Say About Voyeurism

We must compare your actions with legal statutes as we build your defense, and Indiana Code § 35-45-4-5  defines peeping and voyeurism as:

  • “Peeping,” which means observing in a “clandestine, surreptitious, prying, or secretive nature”
  • Entering someone else’s property or dwelling with the intention of peeping
  • “Knowingly” or “intentionally” peeping where someone may be reasonably expected to remove their clothing
  • Recording a video of someone in that person’s private area
  • Uses a drone to observe or record others surreptitiously

Voyeurism generally involves observing others in areas where they could be expected to disrobe, such as a locker room, restroom, or bedroom. The offense may rise to a felony level if the offender publishes a video or image or if the offender has a prior conviction for voyeurism or peeping.

A Harmless Misunderstanding: Potential Defenses to a Voyeurism Charge

There are several possible defenses to a charge of peeping or voyeurism, including:

  • You did not commit the offense you are accused of
  • You were on an individual’s private property but were not engaged in peeping or voyeurism (in which case you might face a lesser charge of trespassing)
  • The individual exposed their private area to you (and perhaps the general public), as would be the case if someone changed clothes in front of a bedroom window next to a busy street.

Our Indiana criminal defense lawyers tailor our arguments to your circumstances. We will gather evidence, witness accounts, and your recollection of events. Our team will then form the strongest defense we possibly can.

Call Razumich & Associates Today for a Capable Legal Defense

You are innocent of voyeurism or peeping Tom charges until the state proves otherwise. We will work to ensure the state does not prove otherwise, as we have defended many clients from voyeurism allegations.

Call Razumich & Associates today at 317-449-8661 or contact us online to discuss receiving a capable voyeurism defense in Indiana.



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