When does a Peeping Tom offense become a felony in Oklahoma?

Oklahoma Code §21-1171 covers Peeping Tom offenses and states that this type of voyeurism can be either a misdemeanor or a felony. The statute specifies that "private area" refers to the naked or undergarment-clad genitals, pubic area, buttocks, or areola of the female breast.

Misdemeanor Charges for Peeping Tom Offenses

When you enter a place where a person will be undressing or engaged in an intimate act without their knowledge or consent, the offense is a misdemeanor with a sentence of up to one year, a fine of up to $5,000, or a combination of both a fine and imprisonment.

The law reads:

A. Every person who hides, waits or otherwise loiters in the vicinity of any private dwelling house, apartment building, any other place of residence, or in the vicinity of any locker room, dressing room, restroom or any other place where a person has a right to a reasonable expectation of privacy, with the unlawful and willful intent to watch, gaze, or look upon any person in a clandestine manner, shall, upon conviction, be guilty of a misdemeanor. The violator shall be punished by imprisonment in the county jail for a term of not more than one (1) year, or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.

In Oklahoma, a Peeping Tom offense is usually a misdemeanor if someone secretly watches another person in a place where privacy is expected, such as a home, restroom, or locker room.

The offense becomes a felony when photographic, electronic, or video equipment is used to record or capture images without the victim’s knowledge or consent, or if those images are distributed. A felony conviction can result in up to 5 years in prison and fines of up to $5,000.

Voyeurism becomes a more serious offense if photos or videos are involved since these images could be released on the internet or shown to others, further violating the victim's right to privacy. When you take pictures or record another person without their knowledge or consent, the offense becomes a felony that carries a sentence of up to five years, a fine of up to $5,000, or both fine and imprisonment.

Felony Charges for Peeping Tom Offenses

The law reads:

B. Every person who uses photographic, electronic or video equipment in a clandestine manner for any illegal, illegitimate, prurient, lewd or lascivious purpose with the unlawful and willful intent to view, watch, gaze or look upon any person without the knowledge and consent of such person when the person viewed is in a place where there is a right to a reasonable expectation of privacy, or who publishes or distributes any image obtained from such act, shall, upon conviction, be guilty of a felony. The violator shall be punished by imprisonment in the custody of the Department of Corrections for a term of not more than five (5) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.

Get Guidance From an Experienced Tulsa Criminal Defense Attorney

At Berlin Defense, we don't judge your character based on your current situation. We understand that acts of voyeurism can be the result of simple curiosity, a prank gone wrong, or a one-time lapse in judgment. We will:

• Analyze the available evidence
• Listen to your side of the story
• Navigate pre-trial proceedings, such as hearings on motions to suppress evidence or dismiss charges
• Negotiate plea deals when appropriate
• Present an argument at trial that challenges the prosecution's assertions

Having a felony charge on your record can limit your employment opportunities, make it harder to obtain housing, damage your personal reputation, and affect your gun rights. Don't take chances with your future! Request a copy of our free guide, Fighting the Guilt Machine, to learn how sex crimes are prosecuted in Oklahoma and how to avoid some of the most common mistakes I see my clients making. Then, contact my office to discuss how I can help with your case.