Criminal Jury Instructions Home

7.5-1  Voyeurism -- § 53a-189a

Revised to December 1, 2007

The defendant is charged [in count __] with voyeurism.  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of voyeurism when, <insert appropriate subsection:>

• § 53a-189a (a) (1):  with malice,

• § 53a-189a (a) (2):  with intent to arouse or satisfy the sexual desire of such person or any other person,

such person knowingly photographs, films, videotapes or otherwise records the image of another person without the knowledge and consent of such other person, while such other person is not in plain view, and under circumstances where such other person has a reasonable expectation of privacy.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Recorded images
The first element is that the defendant photographed, filmed, videotaped or otherwise recorded the image of another person.

Element 2 - Knowingly
The second element is that (he/she) did so knowingly.  A person acts "knowingly" with respect to conduct or to a circumstance when (he/she) is aware that (his/her) conduct is of such nature or that such circumstance exists.  <See Knowledge, Instruction 2.3-3.>   In other words, the defendant must have been aware that he was photographing, filming, videotaping or otherwise recording the image of another person.

Element 3 - With malice or intent
The third element is that the defendant acted with <insert as appropriate:>

• malice.  To act "with malice" means to act with some improper or unjustifiable or harmful motive including, but not limited to, the desire to cause pain, injury or distress to another.

• the specific intent to arouse or satisfy either (his/her) own sexual desires or the sexual desires of some other person. 

Element 4 - Privacy
The fourth element is that the other person did not know and consent to the recording, was not in plain view, and was in circumstances where (he/she) had a reasonable expectation of privacy.  A person has a reasonable expectation of privacy when (he/she) has shown a subjective expectation of privacy and the expectation is one that society considers reasonable.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant photographed, filmed, videotaped or otherwise recorded the image of <insert name of person>, 2) (he/she) did so knowingly, 3) (he/she) did so with (malice / intent to arouse or satisfy the sexual desires of (himself/herself) or some other person), and 4) <insert name of person> did not know and consent to the recording, was not in plain view, and was in circumstances where (he/she) had a reasonable expectation of privacy.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of voyeurism, then you shall find the defendant guilty.  On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.