Jason D. Lamm Attorney at Law A Boutique Criminal Defense Firm Serving Phoenix

Golden Showers Bring May Flowers - A criminal defense attorney's take

While I’ve always tried to stay apolitical in my 20+ years as a criminal defense attorney, there are just some topics in the news that cause comments to come flooding.

Last night we learned that the Kremlin may have video of President Elect Trump frolicking among Russian prostitutes amid streams of urine. In the world of sex crime defense, we call that “golden showers.”

Now if peeing on people, or getting peed on, is your thing (it’s really not mine, but thanks for asking), the good news is that it’s perfectly legal. So drink your water, get your plastics tarps, and do your thing as consenting adults. Please don’t share the details, I’m really not interested.

The problem in this scenario is that the water works were secretly recorded by Russian spy agencies. In Arizona, this would constitute the felony sex crime of surreptitious videotaping or recording (who actually uses videotape anymore, by the way?).

Under this recently created Arizona law (ARS 13-3019), the crime of surreptitious recording is committed when someone knowingly records another person without their consent:

1. In a location where the person has a reasonable expectation of privacy and the person is urinating, defecating, dressing, undressing, nude or involved in sexual intercourse or sexual contact.

2. In a manner that directly or indirectly captures or allows the viewing of the person's genitalia, buttock or female breast, whether clothed or unclothed, that is not otherwise visible to the public.

WHAT DOES THIS MEAN IN ENGLISH?

So, basically, if you decide that you are going to record someone in a bathroom, bedroom, or dressing room without their knowledge, you could be convicted of surreptitious recording.

If you are involved in consensual sexual activity with a partner and decide to record it without their knowledge, this is another means by which you could be convicted of surreptitious recording.

THE PENALTIES FOR SURREPTITIOUS RECORDING

Even for a first offense, someone convicted of surreptitious recording or videotaping in Arizona could face a penalty of up to 2.5 years is prison; 3.75 years if the person who is being surreptitiously recorded can be recognized or identified. Most significantly, those convicted of this charge could be required to register as a sex offender for life in Arizona.

A PHOENIX SEX CRIMES DEFENSE ATTORNEY GETS YOU TRACTION IN A SLIPPERY SITUATION

Now let’s be real, we do not live in Russia and the chances are that no one who reads this will need a criminal defense attorney to defend against charges of surreptitiously recording someone involved in golden showers. C’mon, if you are really into water play, you are going to own it and won’t be shy about memorializing your urinary escapades.

That said, I’ve handled many complicated sex crimes cases as both a former prosecutor and a criminal defense attorney. I’d like to think that I’ve seen it all, but then I get a new case and, well, the rest is attorney-client privilege. If you or someone you know is facing felony sex crime charges in Phoenix, Arizona, contact me at (602) 663-9100 for a personal and confidential consultation.