Connecticut General Statutes § 53a-189b – Criminal Voyeurism

Few charges cause as much embarrassment and fear as being arrested for Criminal Voyeurism under C.G.S. § 53a-189b. These cases often involve deeply personal situations, sensitive allegations, and the potential for lifelong consequences.

For many people, the panic is immediate: “What will my family think? Will I lose my job? Will I have to register as a sex offender?” Even when the allegation is exaggerated or based on a misunderstanding, the stigma alone can feel overwhelming.

The good news: there are defenses, diversionary programs, and strategic approaches to protect your record and your future.

Under Connecticut law, you can be charged with Criminal Voyeurism if you:

• Secretly view, photograph, or record another person,
• Without their knowledge or consent,
• In circumstances where that person has a reasonable expectation of privacy,
• And you do so with the intent to satisfy your sexual desires, to arouse or gratify another person’s sexual desire, or to humiliate the victim.

• The statute covers not just cameras but phones, hidden devices, or even direct observation.
• “Expectation of privacy” is broad—locker rooms, bathrooms, bedrooms, fitting rooms, or other private spaces.
• Consent is the central issue. Even being physically present but unaware you are being recorded can form the basis of a charge.

Criminal Voyeurism is typically a Class D felony in Connecticut. Penalties may include:

• 1 to 5 years in prison
• Up to $5,000 in fines
• Probation with strict conditions
• Potential sex offender registration in certain aggravated cases

Even if no jail is imposed, the felony record alone can affect employment, housing, and reputation.

• A gym member is accused of secretly taking phone photos in a locker room.
• A person is caught installing a hidden camera in a roommate’s bedroom.
• An employee is accused of looking through a vent into a private changing area.
• A misunderstanding: someone is accused of voyeurism for holding a phone in the wrong place at the wrong time.

In each case, the facts and intent matter. A prosecutor must prove beyond a reasonable doubt that you intended sexual gratification or humiliation—not just that you were present.

The consequences extend well beyond court:

• Employment: Background checks will flag felony sex-related charges.
• Professional licenses: Teachers, health care workers, and financial professionals may face disciplinary action.
• Immigration: Felony voyeurism is treated harshly under immigration law.
• Family court: Allegations may surface in custody or divorce proceedings.
• Reputation: Media coverage and public stigma can be devastating.

Every case turns on details. Common defenses include:

• Lack of intent: The statute requires proof you acted to gratify sexual desires or humiliate another. Innocent conduct does not meet that standard.
• No reasonable expectation of privacy: If the alleged act occurred in a public place, the charge may not apply.
• False allegations: Voyeurism accusations sometimes arise in disputes or misunderstandings.
• Insufficient evidence: Phones, devices, or images must be clearly linked to you.
• Illegal search & seizure: If police exceeded their authority in seizing devices, evidence may be suppressed.

One of the most powerful options for first-time offenders is the Accelerated Rehabilitation (AR) program.

• No guilty plea is required.
• The judge can impose conditions like counseling, no-contact orders, or community service.
• Program periods usually last 1–2 years.
• If completed successfully, the case is dismissed, leaving no criminal record.

Because voyeurism carries felony stigma, keeping a conviction off your record is critical. AR gives eligible defendants a chance to avoid lifelong consequences.

• Judges scrutinize these cases carefully, given their sensitive nature.
• Strong applications include proof of counseling, character letters, employment history, and a clear plan for moving forward.

Unlike a simple theft charge, voyeurism allegations raise issues of personal privacy and dignity. Prosecutors view them as harmful not only to the victim but also to community trust. That’s why outcomes depend on how early and effectively your defense is presented.

Criminal Voyeurism under C.G.S. § 53a-189b is often charged alongside, or in place of, related Connecticut offenses:

• C.G.S. § 53a-189a – Voyeurism (misdemeanor): Covers voyeurism in less aggravated circumstances. Sometimes used as a reduced plea.
• C.G.S. § 53a-182 – Disorderly Conduct: A catch-all offense prosecutors may use if evidence for voyeurism is weaker.
• C.G.S. § 53a-181 – Breach of the Peace in the Second Degree: May apply if the alleged conduct caused alarm or inconvenience in public.
• C.G.S. § 53a-167a – Interfering with an Officer: Can be added if there is resistance during investigation or arrest.
• C.G.S. § 53a-40e – Standing Criminal Protective Orders: May come into play in domestic or roommate contexts where voyeurism overlaps with harassment or stalking claims.

A skilled defense lawyer can often negotiate a reduction from felony voyeurism to a lesser charge such as disorderly conduct or misdemeanor voyeurism, greatly reducing the long-term consequences.

Yes, under § 53a-189b it is classified as a Class D felony.

Not automatically. Registration depends on aggravating factors, prior history, and related charges.

Yes, in some cases. Judges evaluate the specific facts, record, and rehabilitation plan.

The State must still prove intent. Without evidence, the case is weaker.

If there was no reasonable expectation of privacy, the statute may not apply.

Yes. Felony voyeurism can trigger deportation or visa denial.

A conviction is permanent. Only AR or dismissal keeps your record clean.

Yes. The stigma and penalties are too severe to risk self-representation.

A Criminal Voyeurism charge under C.G.S. § 53a-189b is frightening, but it is not the end of your future. With the right defense strategy—focusing on intent, privacy expectations, and possible diversionary programs—you may be able to avoid a felony record.

📞 Call Allan F. Friedman, Criminal Lawyer at (203) 357-5555 or contact me online today for a completely confidential consultation.