The implications of invasive recording charges in family disputes
Petty grievances, resentment or a desire for revenge can lead to accusations of abuse in a family. Unsubstantiated claims may arise during divorce proceedings or other legal disputes among relatives.
One disturbing accusation is the secret recording of a person for sexual gratification. A defendant in such a case needs to understand the implications of this charge.
What is invasive recording?
Criminal invasion of privacy involves a situation in which a person looks into an area where another individual has a reasonable expectation of privacy. Invasive recording means using a camera or other device to observe and record another’s activity in private.
Whether a recording is criminal largely depends on the intent of the person doing the recording. A person may not use a concealed device to record someone without consent. Any lewd attempt to view a person’s undergarments or uncovered body is a sex crime. If a person makes a recording of a minor for sexual arousal, the act is likely criminal, whether or not there is consent.
Why might charges arise?
Parents and guardians have to interact with children in sensitive circumstances. A child may have medical concerns that require viewing or touching private areas. A doctor might request photographs or videos to aid a diagnosis.
Recording daily activities is also a common part of modern life. Parents may wish to preserve memories with videos and still images. Parents have sometimes captured young children in a state of undress or bathing. While the intentions are innocent, people should be aware of how someone else might misconstrue these actions.
If a court convicts a person of invasive recording, the individual could end up on the sex offender registry. This classification would seriously affect one’s employment prospects and living situation.