"Voyeurism" is the statute under the Texas Penal Code that criminalizes non-consensually "spying" on someone for the purpose of sexual gratification in a place where that person expects privacy. This offense is categorized under the portion of the Texas Penal Code dealing with Offenses Against the Person (Title 5) and is further categorized as a Sexual Offense under Chapter 21. Voyeurism is one of Texas's laws against being a "peeping Tom." In Texas, §21.17, Voyeurism, is concerned with watching people, making it a rough analog of Invasive Visual Recording, but one that doesn't include the criminal element of making a recording.
​
By definition, Voyeurism requires that the actor was intending to arouse themselves or achieve sexual gratification. In cases where there is little evidence of sexual intent, this essential element is difficult to prove and therefore provides a solid means of defending against the charges. Sometimes, however, lack of sexual intent is a less-viable defense, like when an individual is found masturbating outside someone's bedroom window. There are other defense to Voyeurism, though, including that the act of "spying" was consensual (possibly as some type of roleplay) or that the alleged victim of the crime was "spied on" in a place where they couldn't have had a reasonable expectation of privacy in the first place. For example, it's not Voyeurism to watch people sunbathing at the beach. It might be creepy, but it's not illegal.
​
An important update to Texas's law against Voyeurism came in 2023, when the statute was updated to clarify that illegal "spying" also includes observing people remotely via electronic means. In this way, the Texas Legislature acknowledged established trends in using technology to facilitate crime. Voyeurism via remote electronic observation could look like using camera-equipped drones to transmit live video or using "nanny cams" to take a peek at what other people are doing around the house. The bottom line: if you're getting off by watching people when they reasonably think they're safe from prying eyes, you're committing a crime.
​
​​​
​​​​​
CALL TODAY for a free case evaluation– always complimentary, always confidential.
​
If you've been charged with an offense under §21.17, Voyeurism, you need an aggressive, strategic, and powerful Texas criminal defense attorney. Diablita Criminal Defense, PLLC will handle your case professionally and efficiently, crafting your strongest defense and fighting for you. Every day that your case sits without representation is a day that law enforcement officers, investigators, and prosecutors are building their case against you. Be proactive -- an early defense is a strong defense. Schedule your FREE case evaluation today and speak with the Devil. Don't wait! Get Texas’s top defense with Atty. Madolyn García Falone.
​
Texas Penal Code §21.17, Voyeurism, is defined as follows:
(a) A person commits an offense if the person, with the intent to arouse or gratify the sexual desire of the actor, observes, including remotely through the use of electronic means, 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.
​​​​Don't delay! CALL DIABLITA TODAY for a free case evaluation– always complimentary, always confidential. ​
Texas's Voyeurism statute does not give a definition of "reasonable expectation of privacy." Without a definition, this part of the statute leaves quite a bit of room for interpretation and defense. Some areas are pretty obvious places where a person would reasonably expect privacy, like a bathroom or dressing room. Other areas, depending on the context, may or may not carry a "reasonable expectation of privacy," such as a home. In regard to perfect strangers, a home is where we reasonably expect privacy. But what about a home where a party is taking place? What about a home where the alleged voyeur and the alleged victim live together? What about a home with a balcony in clear view of the public? Sometimes, whether someone "reasonably" expects privacy isn't as obvious as it seems.
​​​​Don't be damned...CALL THE DEVIL for a free case evaluation– always complimentary, always confidential. ​
​
The "statute of limitations" is a time limit set by law that tells the government how long they have to charge someone with a crime. Charges filed after the statute of limitations has passed are generally subject to dismissal.
The limitations period for Tex. Penal Code §21.17, Voyeurism, is 2 years for misdemeanor-level offenses and 3 years for felony-level offenses.
Voyeurism can be classified in Texas as a State Jail Felony (if the victim was a child younger than 14 years of age at the time of the offense); a Class B Misdemeanor (if the Defendant has two or more previous Voyeurism convictions); or a Class C Misdemeanor, by default.
​
Voyeurism punishable as a State Jail Felony is punishable by 180 days -- 2 years in jail and a fine of up to $10,000.
​
Voyeurism punishable as a Class B Misdemeanor is punishable by up to 180 days in jail and a fine of up to $2,000.
​
Voyeurism punishable as a Class C Misdemeanor is punishable by a fine of up to $500.
​
​​
​​​
CALL TODAY for a free case evaluation– always complimentary, always confidential.
​​
​
Probation may be granted to individuals who plead guilty or no contest to Voyeurism under Tex. Penal Code §21.17. Additionally, judges may accept plea deals for deferred adjudication in these cases.
​
​
​​
AN IMPORTANT NOTE ABOUT COMMUNITY SUPERVISION
​
Texas law uses the term "community supervision" to describe standard probation as well as deferred adjudication.
Neither probation nor deferred adjudication "community supervision" is on the table for suspended sentences of over 10 years, regardless of what the offense is. Additionally, community supervision cannot be granted to any Defendant if it is shown that: (1) a deadly weapon was used or exhibited during the commission of the felony or immediate flight thereafter and (2) the Defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.a deadly weapon would be used o
​
NO.
Currently Tex. Penal Code §21.17, Voyeurism, is not a registrable offense. However, the Texas legislature can add this offense to the list of registrable offenses at any time, and a person who pled guilty, was found guilty, or received deferred adjudication (even if later dismissed) for this offense would be required to register as a sex offender, even if the offense did not require registration at the time they were convicted.
​
CLICK HERE TO LEARN MORE ABOUT SEX OFFENDER REGISTRATION IN TEXAS.
​​​​​​​​
​​
CALL TODAY for a free case evaluation– always complimentary, always confidential.
​
About la Diablita
Texas Criminal Defense Attorney Madolyn García Falone
Madolyn García Falone is a Texas criminal defense attorney and the Sole Managing Partner of Diablita Criminal Defense, PLLC. The principal office of Diablita Criminal Defense, PLLC is in Austin, TX.
Atty. García Falone practices in the Austin metro area (ATX) as well as the Dallas-Fort Worth metro (DFW). She practices in counties throughout Texas, including Travis County, Williamson County, Bastrop County, Hays County, Caldwell County, Blanco County, Burnet County, Bell County, McLennan County, Hill County, Ellis County, Tarrant County, Dallas County, Kaufman County, Denton County, and Collin County.
Atty. García Falone takes criminal cases throughout Central and North Texas, including Austin, Westlake, Lakeway, Cedar Park, Leander, Pflugerville, Round Rock, Georgetown, Belton, Temple, Waco, Dallas, Fort Worth, Arlington, Plano, Irving, and Denton.
