“Peeping Tom” isn’t just a phrase coined to refer to young teens who “peep” into the windows of undressing neighbors. Now, it’s a set of statutes that essentially make voyeurism and related behaviors against the law. This has unfortunately also had an impact on innocent passersby who may not intend to “peep” at all.
Keep reading to learn about the basics of the “Peeping Tom” law in Massachusetts, potential defenses if you were arrested and charged with the crime, and how a defense attorney can assist you.
Massachusetts’ “Peeping Tom” Laws
Under Massachusetts’ vague “obscenity” laws lies the “Peeping Tom” statute. It makes acts of voyeurism, like the ones below, illegal:
- Watching, taking photos, or recording video of someone who is nude or only partially clothed
- For this to be against the law, however, the person being watched or photographed must be unaware that this is occurring and the person surveying them must not have their consent. If the person being surveyed consents to the activity, this generally will not fall under Massachusetts’ “Peeping Tom” laws.
Potential Defenses Against Being Labeled a “Peeping Tom”
- You saw the person nude or partially undressed on accident. You did not have the intent to view them in this manner.
- Reasonable expectations of privacy did not exist. The person who was undressing or in the nude was visible from a public place and could not have had the reasonable expectation of privacy. For example, this might include a person leaving their blinds open on purpose or changing clothes in a public place.
- Indecent exposure was a factor. The person who was partially nude or otherwise uncovered did so by willingly uncovering themselves in a public place, also known as indecent exposure. A person who was the victim of indecent exposure generally can’t then be charged under the “Peeping Tom” statute.
Get Help From a Massachusetts Criminal Defense Attorney
If you were charged with being a “Peeping Tom,” this could potentially make you a registered sex offender, which has far-reaching consequences beyond just fines, jail time, or probation. Your reputation and future job opportunities are on the line if you’re convicted. Don’t hesitate to get legal action. Contact Thomas Kokonowski Criminal Defense at our Orleans, MA location for a consultation to discuss your defense strategy by dialing 774-561-2629.
