Explicit and suggestive videos and images have never been easier to access. The internet is rife with all kinds of suggestive and explicit content. Despite the prevalence of such materials, some people prefer more organic or local materials.
Some people have gone so far as to develop sneaky or clever ways to hide cameras or take pictures of people in public places. Holding a camera under someone’s skirt or installing hidden cameras in bathrooms and changing room facilities could be ways to covertly gather truly unique images. Anyone who engages in such conduct, however, likely risks criminal prosecution.
Virginia calls this an unlawful creation of the image of another
Depending on the circumstances, someone accused of photographic or video voyeurism might face numerous serious consequences. Simply trying to watch someone undress or engage in an act of intimacy when they have a reasonable expectation of privacy is a Class 1 misdemeanor — unless a minor is involved. In that case, the charge becomes a Class 6 felony.
Even pictures of people taken showing their undergarments without their consent could lead to charges of a crime of the fourth degree. The decision to publish or share any video, audio recordings or photographs taken of people in a state of undress or during intimate moments without their consent.
Sometimes, a situation that looks like someone wanted to capture inappropriate videos has a far more innocent explanation. Other times, people may get accused of something that another party actually did. Understanding the laws in Virginia may help people avoid breaking them or better plan a defense strategy after an arrest, depending on their circumstances.