Being investigated or charged with voyeurism under Ohio Revised Code § 2907.08 is a serious matter. These allegations can trigger serious, life-altering penalties.
At Patituce & Associates, we defend people accused of sex crimes across Ohio. If law enforcement has contacted you, seized a device, executed a search warrant, or filed charges, the time to speak with a voyeurism defense attorney is now.
What’s at stake can include:
- Misdemeanor or felony convictions
- Jail or prison time
- Sex-offender registration
- Immediate damage to employment, licensing, housing, and reputation
Call 24/7 For a Free Consultation
Voyeurism cases are not routine misdemeanors. The evidence is often technical, the allegations are personal, and prosecutors tend to push hard once they think they have a device-based case.
People hire Patituce & Associates because:
- Board-Certified trial credentials matter. Joseph Patituce is one of only 8 Ohio Board Certified Criminal Trial Attorneys.
- We’re built for contested cases. Our lawyers have 400+ jury trials worth of leverage when the State overcharges or refuses to be reasonable.
- We know how prosecutors build these cases. Our team includes former prosecutors who know the other side.
- We handle sex-offense allegations statewide. We’re experienced with device searches, forensic downloads, and suppression litigation.
- You can reach an attorney immediately. We take calls 24/7 and offer no-cost, confidential consultations.
Understanding Voyeurism Charges in Ohio
Ohio’s voyeurism statute criminalizes surreptitious spying/eavesdropping for sexual gratification, as well as secret recording in private places and upskirting-type conduct. The penalties and the long-term consequences depend on which subsection the State charges. and what it claims your intent was.
Two definitions matter in many voyeurism cases:
- “Place where a person has a reasonable expectation of privacy” means a place where a reasonable person would believe they could fully disrobe in private.
- “Private area” means the genitals, pubic area, buttocks, or female breast below the top of the areola, whether nude or covered by an undergarment.
Those definitions drive whether the State can prove the case fits the statute, and they are often litigated.
What the State Must Prove
1) O.R.C. § 2907.08(A): Spying / Eavesdropping (Misdemeanor 3)
This subsection targets surreptitious invasion of privacy to spy or eavesdrop on another person for the purpose of sexually arousing or gratifying the accused.
Prosecutors typically try to prove:
- You committed trespass or otherwise surreptitiously invaded privacy, and
- You spied or eavesdropped on another person, and
- You did it for sexual arousal or gratification.
Defense pressure points often include whether the conduct was truly “surreptitious,” whether the location and circumstances support a privacy invasion theory, and most importantly, whether the State can prove the required purpose beyond a reasonable doubt.
2) O.R.C. § 2907.08(B): Secret Recording in a Private Place (Misdemeanor 2)
This subsection covers secretly videotaping, filming, photographing, broadcasting, streaming, or recording another person in a place where a person has a reasonable expectation of privacy, for the purpose of viewing private areas.
Prosecutors typically try to prove:
- You knowingly committed trespass or otherwise secretly/surreptitiously recorded, and
- The recording occurred in a place with a legally recognized expectation of privacy, and
- The purpose was to view private areas.
These cases often rise or fall on the device evidence: where it came from, what it actually shows, who controlled it, and whether the State can prove intent and identity.
3) O.R.C. § 2907.08(C): Secret Recording of a Minor in a Private Place (Felony 5)
This is the minor-based felony version of the recording offense. It applies when the person recorded is a minor (under 18) in a place with an expectation of privacy, and the purpose is viewing the minor’s private areas.
Prosecutors typically try to prove:
- You knowingly secretly/surreptitiously recorded, and
- The subject was a minor, and
- The recording occurred in a protected private place, and
- The purpose was to view the minor’s private areas.
When minors are involved, voyeurism charges may also be filed alongside (or replaced by) other sex-offense statutes, depending on what the State believes the content depicts.
4) O.R.C. § 2907.08(D): Recording Above/Under/Through Clothing (Misdemeanor 1)
This subsection covers secretly recording another person above, under, or through clothing for the purpose of viewing the person’s body or undergarments, often described as an “upskirting” type allegation.
Prosecutors typically try to prove:
- The recording was secret or surreptitious, and
- It was aimed above/under/through clothing, and
- The purpose was to view the body or undergarments.
Here, intent and the nature of the recording are central issues, along with whether the State can prove who actually recorded it.
Penalties for Voyeurism in Ohio
Voyeurism penalties depend on specific charges and whether a minor is involved. In most cases, the charge is a misdemeanor, but minor-related allegations can be filed as a felony.
- Misdemeanor (most cases): 60–180 days in jail and up to $500–$1,000 in fines (depending on whether it’s M3, M2, or M1).
- Felony (minor recording cases): 6–12 months in prison and up to $2,500 in fines (F5).
How Voyeurism Is Classified Under O.R.C. § 2907.08
- Spying/eavesdropping for sexual gratification: M3 (up to 60 days jail; up to $500 fine)
- Secret recording in a private place: M2 (up to 90 days jail; up to $750 fine)
- Recording above/under/through clothing: M1 (up to 180 days jail; up to $1,000 fine)
- Secret recording of a minor in a private place: F5 (6–12 months prison; up to $2,500 fine)
(These are statutory maximums. The real-world outcome depends on the facts, the county, your record, and how aggressively the State prosecutes the case.)
Sex Offender Registration
A voyeurism conviction involving a minor (under R.C. 2907.08(C)) is classified as a Tier I sex offense in Ohio. That means a convicted person must register as a sex offender once each year for 15 years and keep local law enforcement updated on their address, work, and school information.
Adult-only voyeurism charges under (A), (B), or (D) typically do not trigger sex-offender registration for voyeurism itself, but registration can still come into play depending on what the case is ultimately charged or pled to.
How These Cases Commonly Start
Voyeurism investigations typically begin with a complaint and then escalate fast once law enforcement moves toward a device-based case.
Common fact patterns include:
- Allegations involving bathrooms, locker rooms, bedrooms, dorms, workplaces, or changing areas (places where privacy is expected under the statute’s definition)
- Phone seizures and forensic downloads that expand allegations well beyond the original complaint
- Accusations tied to relationships, workplace disputes, school settings, or social media circulation
Once a device is seized, prosecutors often treat the case as a “proof-through-forensics” case. That is exactly where an experienced defense team can create leverage—by forcing the State to prove identity, intent, and statutory fit.
Defense Strategy in Voyeurism Cases
A strong defense is built around attacking the State’s ability to prove the elements, not negotiating around assumptions.
Key defense angles often include:
- Search and seizure litigation: whether warrants were valid, supported by probable cause, and executed within legal limits
- Identity and access: whether the State can prove who recorded, possessed, or controlled the device/account
- Intent/purpose: particularly where the statute requires a sexual-gratification purpose (and prosecutors try to infer it)
- Expectation of privacy disputes: whether the location actually meets Ohio’s statutory definition
- What the content actually shows: whether it truly involves “private areas” as Ohio defines them
- Charge selection/overcharging: pushing back when the State stretches facts into a more serious subsection than the evidence supports
How Patituce & Associates Can Help
Voyeurism allegations can turn your life upside down quickly. Our job is to protect you from the full weight of the government, law enforcement, forensic evidence, prosecutors, and the assumptions that follow a sex-offense accusation.
Our voyeurism defense lawyers can help by:
- Intervening early to control damage and force the State into a defensible theory
- Challenging searches, seizures, and forensic methods
- Testing the State’s evidence against the actual statutory elements
- Negotiating strategically when it serves the client and taking cases to trial when the State refuses to be reasonable
If you or a loved one is facing a voyeurism investigation or charge in Ohio, call Patituce & Associates now at (440) 771-1175. We’re available 24/7 for a free consultation.
