Seattle Voyeurism Defense Attorney
Defending Your Rights Against Voyeurism Accusations in Washington
Being accused of voyeurism in Washington State is a devastating and frightening experience — one that can destroy your reputation, threaten your career, damage your relationships, and even put your freedom at risk. In these moments, you need more than just legal representation; you need someone who will truly listen to you without judgment.
At Marshall & Saunders, we understand that situations like these are more complicated than they might appear, and we are committed to fighting for you whether you are guilty or not. As specialists in defending against sex crime charges, we know how high the stakes are and how easily a single accusation can alter the course of your entire life.
You are more than what you’ve been accused of, and your future matters. We’re here to protect your rights with skill, discretion, and unwavering dedication to your best interests.
No matter the circumstances of your case, we don't judge. We're here to vigorously defend your rights and demonstrate to everyone — judges, prosecutors, juries, friends, and family — that the charges against you shouldn’t define your entire life.
What Qualifies as Voyeurism Under Washington Law
Definition
Under RCW 9A.44.115, voyeurism involves knowingly viewing, photographing, or filming another person without their knowledge and consent for the purpose of arousing or gratifying sexual desire. The law recognizes two degrees of voyeurism, each with specific elements that the prosecution must prove beyond a reasonable doubt.
Washington's voyeurism statute contains detailed definitions that significantly impact defense strategies:
- "Intimate areas": Any portion of a person's body or undergarments covered by clothing and intended to be protected from public view.
- "Reasonable expectation of privacy":
- Places where a reasonable person would believe they could disrobe in privacy without being photographed or filmed.
- Places where one may reasonably expect to be safe from casual or hostile intrusion or surveillance.
- "Views": The intentional looking upon another person for more than a brief period of time, in other than a casual or cursory manner, with the unaided eye or with a device designed to improve visual acuity.
- "Photographs" or "films": Making any photograph, motion picture film, videotape, digital image, or other recording or transmission of a person's image.
- "Surveillance": Secret observation of another person's activities for the purpose of spying upon and invading their privacy.
Washington Law on Voyeurism
First-Degree Voyeurism (Class C Felony)
A person commits voyeurism in the first degree if, for the purpose of arousing or gratifying sexual desire, they knowingly:
- View, photograph, or film another person without that person's knowledge and consent while in a place where they have a reasonable expectation of privacy; OR
- View, photograph, or film the intimate areas of another person without their knowledge and consent under circumstances where they have a reasonable expectation of privacy, whether in a public or private place.
First-degree voyeurism carries severe penalties and mandatory sex offender registration.
Second-Degree Voyeurism (Gross Misdemeanor)
A person commits voyeurism in the second degree if they intentionally photograph or film another person's intimate areas with the intent to distribute or disseminate the image, without consent, and under circumstances where the person has a reasonable expectation of privacy.
Critical distinction: Second-degree voyeurism is NOT a sex offense for purposes of sentencing or sex offender registration, making charge reduction a vital defense strategy.
“Upskirting” and Modern Technology
A common way to commit voyeurism is 'upskirt' photography. While many states' laws don't criminalize this conduct, Washington has deliberately written the voyeurism statute to criminalize upskirting.
The statute's broad language encompasses evolving technology, including:
- Hidden cameras in private spaces
- Smartphone recordings
- Drone surveillance
- Webcam hacking
- Any digital recording device
Penalties for Voyeurism Convictions
Maximum Penalties
- First-degree voyeurism: Up to 5 years in prison and a $10,000 fine
- Second-degree voyeurism: Up to 364 days in county jail and a $5,000 fine
Likely Penalties
Actual sentences depend heavily on:
- Number of counts (criminal incidents)
- Criminal history
- Aggravating factors
- Negotiated plea agreements
A person with no prior criminal record would have a standard sentence range of 6 to 12 months for one count of first-degree voyeurism. However, skilled legal representation can often negotiate alternatives to incarceration, reduced charges, or dismissal.
Consequences Beyond Criminal Penalties
Voyeurism is a Class C felony. A person convicted of voyeurism can be sentenced to as much as five years in prison (actual sentences depend heavily on the number of counts and whether the offender has any prior felony convictions).
Since voyeurism is designated a sex offense under Washington law, any voyeurism offender who is placed on community custody (akin to probation or parole) should expect to have their freedom of movement restricted quite a bit. The offender may also be prohibited from residing in areas that contain schools, parks, and playgrounds.
A conviction for voyeurism also requires the person to register as a sex offender for ten years.
Defenses Against Voyeurism Charges
Every voyeurism case has its own particular circumstances and evidence. At Marshall & Saunders, we thoroughly analyze each case to determine the best course of action for defense.
Lack of Criminal Intent
Sometimes, there is a weakness in the evidence that the accused “knowingly” viewed, photographed, or filmed another person. Inadvertent viewing or accidental filming does not qualify as voyeurism. The prosecution must prove you acted with the specific intent to arouse or gratify sexual desire. We challenge this element by demonstrating:
- The viewing or recording was unintentional.
- You had legitimate, non-sexual purposes (security monitoring, artistic projects).
- No evidence exists of sexual gratification intent.
- The recording occurred without your knowledge.
Forensic Defense Against Digital Evidence
Often, voyeurism charges arise when recordings are discovered on someone’s smartphone or computer. In such cases, the defense attorney must thoroughly investigate when the images were placed on the device, where they were stored, and, most importantly, how they were uploaded to the device. The attorney needs to be familiar with computer forensic tools, proper investigation procedures, and legal limits on law enforcement searches and seizures.
At Marshall & Saunders, we work with savvy computer forensic experts to see whether the State’s evidence really proves all the things the prosecutor says it proves. We will use our advanced knowledge and skills to mount a strong defense to rebut the state’s evidence and also to challenge the manner in which it was obtained.
Word from a Client We Helped
Calm, smart and efficient attorney.
Josh Saunders is the attorney you want when dealing with extremely vexatious and false litigations. Im wrapped in a hell of a family law motion with a very vexatious opposing party. He was able to immediately get on a call with me on a Sunday on a referral from another attorney and talked me through the next steps. Once i retained him he took the time to go over the entirety of the case. He knows when and how to work with investigators and prosecutors to provide the right amount of detail at different stages of the case. Example he was able to get on a call with the investigator as well as email threads with the prosectuor at the right time to provide the documents needed without overloading the detail. He is smart, efficient and knows how to prioritize aspects of a case and proper steps to mitigate the situation. He is always there when in an emergency as all aspects of criminal cases always feel like an emergency, He is transparent and guides you through the process, very open to questions and approaches he wishes to take and overall I feel like he always has my back. He also understands nuances of South East asian marriages and customs very well which is always an added bonus. Overall, definitely recommend him especially in clutch situations. He got my case dismissed at a critical juncture.
Don't Let Voyeurism Charges Ruin Your Future
Are you facing voyeurism charges? Our attorneys understand the technical complexities of these cases and the emotional impact that being charged can cause.
You'll Be Defended by Specialists in Sex Crime Defense
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David S. Marshall
Attorney- Focused on defending individuals accused of sex crimes, child abuse, and domestic violence for more than 25 years
- Lectures other attorneys on trial advocacy techniques
- Sought out by accused individuals up and down the West Coast
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Joshua R. Saunders
Attorney | Of Counsel- Impressive record of trial victories, including acquittals in cases of child molestation, child abuse, domestic violence, manslaughter, and others
- Over a decade of experience as a supervisor for other attorneys in public defense
- Has handled over 3,000 cases as a criminal defense lawyer
Our Process for Defending Against Voyeurism Charges
When you choose Marshall & Saunders, you’re hiring one of the best law firms in the nation that focuses on this area of criminal defense law. Our legal team understands every aspect of these complex cases, from digital forensics to constitutional law to the havoc these types of charges can cause in someone’s life.
Initial Assessment and Protection
Digital Evidence Analysis
Strategic Investigation
Constitutional Challenges
Negotiation and Litigation
Comprehensive Support
We are here to reveal you as a whole person, based on your history, challenges, and strengths, to present a more nuanced, more human picture of you to the legal system.
Why Choose Marshall & Saunders
When facing voyeurism charges, you need more than just legal representation — you need advocates who understand the technical, legal, and personal complexities of your case. Marshall & Saunders brings unmatched expertise to your defense:
- Decades of sex crime defense experience
- Technical knowledge of digital forensics
- Understanding of constitutional law
- Relationships with expert witnesses
- Track record of successful outcomes
What It’s Like to Have Marshall & Saunders in Your Corner
Respect and compassion are the foundation of our work. We take time to get to know you and your case. It’s where our strategic advocacy for you begins.
Then there’s our experience. For decades, we have defended sexual offense cases like voyeurism. Based on our ongoing study of the law, medicine, and psychology involved in these cases, we have developed exceptional skills over the years.
And we pool that skill. We work as a team. We know that no one lawyer, no matter how brilliant, will have all the good ideas for your case.
Our final ingredient is relentless investigation and preparation. When we step into court to defend you, we are ready to do it well.
If you or a loved one needs services like ours, please contact us at 206-826-1400 or solutions@marshallandsaunders.com to schedule an appointment.
901 Fifth Avenue, Suite 2800
Seattle, Washington 98164
You will receive a response from us within 1 - 2 business days.