Texas Penal Code 21.17 – Voyeurism
WHAT IS VOYEURISM IN TEXAS?
Voyeurism is surreptitiously peering into another’s home or other structure without permission for sexual arousal or gratification.
WHAT IS THE VOYEURISM LAW IN TEXAS?
Tex. Penal Code § 21.17. VOYEURISM.
(a) A person commits an offense if the person, with the intent to arouse or gratify the sexual desire of the actor, observes another person without the other person’s consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy.
(b) Except as provided by Subsection (c) or (d), an offense under this section is a Class C misdemeanor.
(c) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of an offense under this section.
(d) An offense under this section is a state jail felony if the victim was a child younger than 14 years of age at the time of the offense.
(e) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
WHAT IS THE PENALTY CLASS FOR VOYEURISM IN TEXAS?
Voyeurism is a Class C misdemeanor, punishable by a fine of $500. Voyeurism may be enhanced to a Class B misdemeanor, which is punishable by up to 180 days in county jail, if a person has been convicted at least twice of voyeurism previously, or the victim was a child under 14.
WHAT IS THE PUNISHMENT RANGE FOR VOYEURISM IN TEXAS?
Voyeurism charged as a Class B misdemeanor carries up to 180 days in jail, and a maximum fine of $2,000. If voyeurism is a first offense charged as a Class C misdemeanor, it is punishable by a fine of $500, and no jail time.
WHAT ARE THE PENALTIES FOR VOYEURISM IN TEXAS?
As an alternative to jail time, a person convicted of Class C misdemeanor voyeurism may only be punished with a maximum fine of $500. To avoid a conviction, a person charged with Class C misdemeanor voyeurism may receive a deferred disposition for up to 180 days. If charged with Class B misdemeanor voyeurism, a person may be placed on probation after a conviction, or deferred adjudication without a conviction, for a period not to exceed two years.
WHAT ARE THE DEFENSES TO VOYEURISM IN TEXAS?
A person accused of voyeurism may argue he or she was not watching others in their private spaces with the intent to arouse or gratify his or her sexual desire.
- What is the intent to arouse or gratify the sexual desire of any person? Sex offenses requiring the specific intent to arouse or gratify one’s sexual desire make it clear the actor may intend to commit the offense for his own arousal or sexual gratification, or to arouse or gratify another person. A voyeur’s sexual gratification may be inferred by the voyeur’s actions before, during, and after committing the offense.
If, for example, a person masturbated while watching a woman undress in her bedroom, it is logical to conclude the person was watching for his own arousal. But if, on the other hand, a person peered into another’s home to check on the occupant’s welfare, that is not for a sexual purpose.
WHAT IS THE STATUTE OF LIMITATIONS FOR VOYEURISM IN TEXAS?
The limitation period for voyeurism, whether it is charged as a Class C or Class B misdemeanor, is two years.
VOYEURISM IN TEXAS
Peering into another’s home or other private structure without permission for arousal or sexual gratification purposes is against the law in Texas.
Glowing Client Reviews
Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!
I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.
Trey really helped me out. He was straight forward and professional, and really helped me in my case. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case.
I really appreciated all he did for me.
Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients.
He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!
Trey Porter fought for me! I am a nurse and thought my career was over.
Very thankful I got Trey Porter involved. He responds to messages regularly and was very thorough.
He saved my career. Forever grateful!
Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.
He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.
WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
CHARGES DISMISSED
DWI 2nd
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
Contact Trey Porter Today
Request a free consultation
The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.
If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.
