Tennessee Criminal Lawyer Blog

Although persons known as “peeping toms” seem to be found much more frequently in movies or television shows than in the real world, Tennesseans are occasionally apprehended for engaging in such activity, known formally as observation without consent, and end up facing up to eleven months and twenty-nine days in jail. A person can be charged with observation without consent when they knowingly spy on or observe an individual without that individual’s consent when the victim is in a place where he or she would have a reasonable expectation of privacy, and the viewing:

(1) Would offend or embarrass an ordinary person if the person knew the person was being viewed; and
(2) Was for the purpose of sexual arousal or gratification of the defendant.

Note that this statute, then, contains several elements that a defendant can disprove to avoid a
charge of observation without consent. First, the defendant may be able to prove that the alleged victim did not have a reasonable expectation of privacy in the location in which the viewing occurred. While an individual almost always has an expectation of privacy in the home or in a restroom, the same cannot be said for public locations such as parks, restaurants, or public streets or sidewalks. Second, the defendant may be able to prove that the individual consented to being observed; this consent can either be given expressly or implied through actions or other conduct. Third, the defendant can prove that the observation would not offend or embarrass an ordinary person if they knew they were being viewed. If someone were observed while watching a baseball game on TV it may be unlikely that a reasonable person would really be embarrassed or offended by that. Lastly, the defendant can prove that the observation was not for the purpose of sexual gratification of the defendant. This may be difficult to prove for most defendants, but the possibility always exists that the defendant was observing the individual for some other reason.

Any of these four defenses can help defendants avoid a charge of observation without consent, but only if the defense is presented appropriately and effectively. An experienced Tennessee criminal defense attorney can help a defendant put his or her best defense forward in such a situation.