“Ricky Martin Busts Peeping Tom Fans Hiding in Hotel Air Conditioner,” Fox News Latino “Erin Andrews files lawsuit against Peeping Tom and hotels.” Los Angeles Times.
With millions of visitors, thousands of employees, and hundreds of celebrities in the Las Vegas area each year, “peeping toms” are expected and present. But does their peeping rise to the level of being criminally or civilly liable?
Under Nevada’s “Peeping Tom” laws, a person is criminally liable for a misdemeanor if they knowingly “enter” onto someone else’s property and secretly peep (spy) on that person. Like most states with “Peeping Tom” laws, a person is deemed a “peeping tom” if the person being peeped …
1. … does not know they are being watched,
2. … is partially or fully undressed, naked, and
3. … had a reasonable expectation they were in a place with privacy, whether they owned the property or not.
While most peeping is done for sexual pleasure, that is not a prerequisite to finding someone guilty of being a “peeping tom.”
If found guilty, a Nevada “peeping tom” can be fined up to $1 thousand and/or receive a sentence of up to six months in jail. If the “peeping tom” used a camera or any type of recording device to engage in their peeping, the fine goes up to $2 thousand and/or a sentence of up to a year in jail. If a deadly weapon was involved in the peeping, a “peeping tom” can be fined up to $5 thousand and/or receive a sentence of up to six years in jail.
If the peeping occurs on a Las Vegas employee at a Las Vegas business, the Las Vegas business may also be liable for sexual harassment. According to the Equal Employment Opportunity Commission (EEOC), the number of employment discrimination cases, which includes sexual harassment, rose 32 percent from 2005 to 2010. More important, the EEOC projects that up to 95% of sexual harassment occurrences are never reported.
The commentary is for educational and commentary purposes only. If you or someone you know has had your rights are violated or feel there are illegal practices occurring at your work and would like to be represented by a Nevada attorney, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.