Tennessee Criminal Lawyer Blog

Our Tennessee criminal attorneys understand that any charge associated with unlawful observation can have long-lasting effects on you and your family. It’s very important to find an experienced Tennessee criminal attorney to protect your rights. Our Tennessee criminal attorneys will conduct a thorough investigation of your case and actively pursue the best possible resolution for you and your family.

According to Tennessee law, it is an offense for a person to knowingly spy upon, observe or otherwise view an individual, when the individual is in a place where there is a reasonable expectation of privacy, without the prior effective consent of the individual, if the viewing:

• Would offend or embarrass an ordinary person if the person knew the person was being viewed; and
• Was for the purpose of sexual arousal or gratification of the defendant. Tenn. Code Ann. § 39-13-607 (2007).

It is never a defense to observation without consent that you were lawfully on the premises where the observation occurred. It is important to note that a reasonable expectation of privacy must exist for someone to be convicted under the unlawful observation statute. This is an important distinction from the stalking statute, which does not have this requirement.

A violation of the observation without consent statute is a Class A misdemeanor. If you or someone you know is charged with observation without consent under Tennessee Law, contact a Tennessee criminal defense lawyer. Our lawyers have much experience handling these types of cases and understand the process that is required to vigorously defend these types of charges.