Conn. Crim. Jury Instr. 7.5-3

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, 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 genitals, pubic area or buttocks of another person,

or the undergarments or stockings that clothe the genitals, pubic area or buttocks of

another person without the knowledge and consent of such other person, while such

genitals, pubic area, buttocks, undergarments or stockings are not in plain view, and

under circumstances where such other person has a reasonable expectation of privacy,

whether such other person is or is not in a public place.

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 genitals, pubic area or buttocks of <insert name of person>, or the undergarments or

stockings that clothed the genitals, pubic area or buttocks of that person.

Element 2 – Knowingly

The second element is that the defendant 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/she) was photographing, filming, videotaping or

otherwise recording the image of <insert name of person>.

Element 3 – With intent to arouse or satisfy sexual desire

The third element is that the defendant acted with the specific intent to arouse or satisfy either

(his/her) own sexual desire, or the sexual desire of some other person. Intent relates to the

condition of mind of the person who commits the act, his or her purpose in doing it. <See

Specific Intent, Instruction 2.3-1>

Element 4 – Privacy

The fourth element is that <insert name of person> did not know of and consent to the recording,

(his/her) genitals, pubic area, buttocks, undergarments or stockings were not in plain view, and

(he/she) was in circumstances where (he/she) had a reasonable expectation of privacy, whether

<insert name of person> was or was not in a public place.

1 The phrase “plain view” refers to the

plain view of the general public, not the defendant, and plain view does not include any view

achieved by photographing, filming, videotaping or otherwise recording under or around a

person’s clothing.2 A person has a reasonable expectation of privacy when (he/she) has shown a

subjective expectation of privacy, and that 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 genitals, pubic area or buttocks of <insert name of

person> or the undergarments or stockings that clothed the genitals, pubic area or buttocks of

that person, 2) the defendant did so knowingly, 3) the defendant did so with the intent to arouse

or satisfy the sexual desire of (himself/herself) or some other person, and 4) <insert name of

person> did not know of and consent to the recording, (his/her) genitals, pubic area, buttocks,

undergarments or stockings were not in plain view, and (he/she) was in circumstances where

(he/she) had a reasonable expectation of privacy, whether (he/she) was or was not in a public

place.

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.

________________________________________

1 For purposes of the voyeurism statute, “‘public place’ means public place, as defined in

[General Statutes] § 53a-186,” which proscribes public indecency. General Statutes § 53a-189a

(b). Subsection (a) of § 53a-186 defines “public place” as “any place where the [proscribed]

conduct may reasonably be expected to be viewed by others.”

2 See State v. Panek, 328 Conn. 219, 241 (2018) (“[T]he legislature intended ‘not in plain view’

[as used in subdivision (a) (1) of § 53a-189a] to refer to the plain view of the public generally [as

opposed to that of the defendant], meaning that a person must not be in a position where any

member of the public, lawfully situated, could plainly view the person being recorded.”).

General Statutes § 53a-189a (b) explicitly provides that “‘in plain view’ does not include any

view that is achieved by photographing, filming, videotaping or otherwise recording under or

around a person’s clothing.”