Voyeurism Lawyer in Phoenix

Defending Against Voyeurism and “Peeping Tom” Crimes in Arizona

A voyeurism charge in Arizona can carry serious consequences. A conviction can mean prison time, sex offender registration, a felony record, and lasting damage to your reputation, career, and personal life.

If you have been arrested or are under investigation for voyeurism, MayesTelles is ready to help. 

With us, you get a team of defense attorneys that includes:

• Several former Maricopa County prosecutors
• A former federal law enforcement specialist
• A retired police officer and Gulf War veteran
• A former Judge Pro Tem (Maricopa County Superior Court)

Together, we bring over 200+ years of experience to every case we handle. We have defended thousands of criminal cases and achieved complete dismissals and acquittals in sex crime cases across Maricopa County.

And, we have been voted Arizona's #1 Criminal Defense Firm by Ranking Arizona for seven years in a row.

Proven Results in Voyeurism Cases

Contact our Phoenix voyeurism defense lawyers at MayesTelles today for a free consultation. 

We're available 24/7 – call now

Voyeurism Under Arizona Law — A.R.S. 13-1424

Arizona's voyeurism statute, A.R.S. § 13-1424, makes it unlawful to knowingly invade another person's privacy without their knowledge or consent for the purpose of sexual stimulation. 

Under this law, a person can be charged with voyeurism for:

• Observing another person in a private setting without their knowledge or consent for sexual gratification
• Filming or photographing another person without their knowledge in a location where they have a reasonable expectation of privacy
• Recording a person who is nude or engaged in sexual activity without their consent
• Distributing or displaying images or videos produced in violation of another person's privacy

Voyeurism is a Class 5 felony when the conduct does not involve a recognizable depiction of the victim. It becomes a Class 4 felony when the person in the images or video is recognizable. If the alleged victim is a minor, the charges and penalties escalate significantly and may trigger Dangerous Crimes Against Children (DCAC) sentencing.

The Penalties for Voyeurism in Arizona

Below are the sentencing ranges for a first-time offender convicted of voyeurism in Arizona.

Class 5 Felony Voyeurism

• Minimum: 6 months
• Presumptive: 1.5 years
• Maximum: 2.5 years

Class 4 Felony Voyeurism

• Minimum: 1 year
• Presumptive: 2.5 years
• Maximum: 3.75 years

Sentencing exposure increases significantly for defendants with prior felony convictions. 

When voyeurism charges are accompanied by related offenses, such as surreptitious recording, revenge porn, sexual extortion, or sexual exploitation of a minor, each additional count carries its own sentencing range. And while a voyeurism conviction does not automatically require sex offender registration, it can still be ordered by a judge.

Surreptitious Recording Under Arizona Law — A.R.S. 13-3019

Arizona has a separate but closely related statute that specifically addresses secret photographing, filming, and digital recording, A.R.S. § 13-3019, which is commonly known as “surreptitious recording.”

Under this statute, it is unlawful to knowingly photograph, videotape, film, digitally record, or secretly view another person without their consent in 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 engaged in sexual intercourse or sexual contact. 
• In a manner that directly or indirectly captures or allows the viewing of the person's genitalia, buttocks, or female breast, whether clothed or unclothed, that is not otherwise visible to the public.

That second provision is broader than most people expect. It applies even in public spaces if the recording captures intimate areas that are not visible to bystanders, meaning someone who uses a hidden camera or phone to photograph up a person's clothing (e.g., “upskirting” or “downblousing”) in a public location is covered by this statute.

It's important to understand that this statute also covers viewing without a device. Peering through a gap in a bathroom stall or between dressing room panels can qualify even without any recording equipment.

The Penalties for Surreptitious Recording in Arizona

The penalty for surreptitious recording in Arizona depends on how the conduct occurred:

• Class 5 felony — violations involving the use of a device (camera, phone, recording equipment)
• Class 6 felony — violations that do not involve a device (secret viewing without recording)
• Class 5 felony — a Class 6 violation becomes a Class 5 felony on a second or subsequent offense

The statute also makes it separately unlawful to disclose, display, distribute, or publish a photograph, video, or recording made in violation of the statute without the consent of the person depicted. 

Distribution charges can be filed independently of the underlying recording charge, meaning a defendant can face multiple counts: one for the recording and additional counts for each instance of distribution or sharing.

What Is the Difference Between Voyeurism & Surreptitious Recording?

While both statutes address privacy violations involving visual recording, there are meaningful differences.

Voyeurism under ARS § 13-1424 requires a sexual motivation element; the invasion of privacy must be for the purpose of sexual stimulation. Surreptitious photographing, recording, or viewing under § 13-3019 does not require a sexual motivation; the act of secret recording itself is the offense regardless of the purpose.

This distinction matters for defense strategy. It also means prosecutors have flexibility in how they charge these cases, and it is common to see both statutes charged simultaneously when the facts support it.

Possible Defenses to Voyeurism or Surreptitious Recording Charges

Every case is different, but the following defenses arise frequently in these matters:

• Consent: Both statutes require that the recording or observation occur without the other person's consent. If the alleged victim consented, or if there is genuine ambiguity about whether consent was given, that is a direct defense.
• No Reasonable Expectation of Privacy: These crimes apply to locations where a reasonable expectation of privacy exists, or where intimate areas are not otherwise visible to the public. If the location or circumstances don't meet that standard, the charge may not hold.
• Lack of Sexual Motivation: Arizona's voyeurism statute requires that the invasion of privacy occur for the purpose of sexual stimulation. Security cameras, baby monitors, and other legitimate monitoring do not qualify. 
• Statutory Exemptions: A.R.S. § 13-3019 includes exemptions for security monitoring with clearly posted notices, recordings made in correctional facilities for investigative purposes, and law enforcement investigations.
• Unlawful Search and Seizure: If a search warrant was overbroad, improperly obtained, or executed outside its scope, evidence gathered from seized devices can be challenged and potentially suppressed.
• Digital Attribution: The prosecution must prove that the defendant was the person who made, possessed, or distributed the recording. When devices were shared or involved remote storage, attribution is not always clear.

Contact Our Voyeurism Defense Attorneys in Phoenix

If you or someone you love has been arrested, had devices seized, or is under investigation for voyeurism or surreptitious recording in Arizona, contact MayesTelles now. We are available 24 hours a day, 7 days a week.

Call Us Today at (602) 428-7104