Peeping Tom victim needs help

What is the name of your state (only U.S. law)? FL

We were the victim of a peeping tom in Florida.

He has been convicted of the same offense in TN.

My question is in Florida is he guilty of a first offense or a 2nd offense?

If it is his 2nd offense, he is guilty of a 3rd degree felony facing 5 years in prison. If 1st offense, he faces up to 1 year in jail.

Does an offense in one state transfer to a new state he moved to?

Here is the statute:

The 2009 Florida Statutes

Title XLVI
CRIMES

Chapter 810
BURGLARY AND TRESPASS

View Entire Chapter

810.14 Voyeurism prohibited; penalties.--

(1) A person commits the offense of voyeurism when he or she, with lewd, lascivious, or indecent intent, secretly observes another person when the other person is located in a dwelling, structure, or conveyance and such location provides a reasonable expectation of privacy.

(2) A person who violates this section commits a misdemeanor of the first degree for the first violation, punishable as provided in s. 775.082 or s. 775.083.

(3) A person who violates this section and who has been previously convicted or adjudicated delinquent two or more times of any violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) For purposes of this section, a person has been previously convicted or adjudicated delinquent of a violation of this section if the violation resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

the Tennessee conviction does not count towards the count in Florida. It may be used by the judge to help determine the severity of the punishment within the guidelines though.

so he faces a 1st degree misdemeanor with a maximum of one year in jail and a 1000 dollar fine.

amazing

was he looking in your windows?

if I were you, I would call the D.A. prosecuting him and make sure he is aware of the charges in TN and ask him that question. How did you find out he had done this before? Did you know the peeping tom?

I would think he would be a repeat offender since he was convicted elsewhere. I don't think it would matter where he was convicted.

fabulous07 said:

I would think he would be a repeat offender since he was convicted elsewhere. I don't think it would matter where he was convicted.

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3) A person who violates this section and who has been previously convicted or adjudicated delinquent two or more times of any violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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You do notice the very specific verbiage that says:

of this section

I don't think they have the same section in Tennessee so he was never convicted before of "this section" of "this statute".

Interesting point. BRB.

that would be a good question for the prosecuting D.A. I would ask him/her and let us know.

I surely wouldn't recommend to avoid making sure the DA was aware of the previous conviction. As I stated, I do not believe this would be considered a conviction of the same statute but the the fact he was convicted of a similar statute in another state does show a pattern of actions. A judge can use that info in his decision concerning sentencing and hopefully the judge would sentence on the harsher side of what he is allowed rather than consider some fluff sentence.

fabulous07 said:

if I were you, I would call the D.A. prosecuting him and make sure he is aware of the charges in TN and ask him that question. How did you find out he had done this before? Did you know the peeping tom?

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I would rather not get into the particulars of case, just hoping to find the answer to the 1st or 2nd offense question.

I will ask DA. they already know about that but I failed to ask what that meant and decided to look up the statutes myself.

holysmoke99 said:

I would rather not get into the particulars of case, just hoping to find the answer to the 1st or 2nd offense question.

I will ask DA. they already know about that but I failed to ask what that meant and decided to look up the statutes myself.

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reading between the lines, it sounds like you may have been the victim in the other state as well (not asking you to disclose the particulars if you do not want to). If so, something such as stalking or at least some form of harassment may also be applicable as well. Stalking has become a very seriously viewed crime in light of all the actions often associated with that crime and courts tend to take it much more seriously than they had in the past.