Editorial: State needs law against voyeurism

Tuesday, Sept. 7, 2004 | 9:01 a.m.

The mother of an 8-year-old girl called Metro Police in January after her daughter told her she saw a red light coming from behind bathroom tiles as she showered. Police discovered a hole behind the tiles and later questioned the apartment's landlord, who police say admitted drilling the hole, peering through it and videotaping the girl and her parents as they bathed. The police report of the landlord's arrest quotes him as saying he "became interested in the thrill of watching people without their knowledge." But police also say the landlord gave them this reason for drilling the hole in the first place -- so that he could monitor the family's use of water, which he said they were wasting.

His explanation may sound farfetched, but it will make the case difficult for prosecutors in District Court, where he will be arraigned next week. He faces one count of using a minor in producing pornography and one count of attempting to use a minor in producing pornography. A search of the man's home, which adjoins the apartment, however, failed to turn up any incriminating tapes. A Metro Police officer, in court last week, testified that the landlord said he had recorded over the footage of the girl in the shower. And the landlord's attorney said the landlord taped over the footage because he didn't mean to film the girl and wasn't interested in such material.

This leaves prosecutors having to prove child pornography charges without any physical evidence. Las Vegas Justice of the Peace Douglas Smith, who presided over the landlord's arraignment, spoke to the difficulty of their task. "(I'm not) certain I would want to try this case as an attorney," Smith said, before ruling that the "slight and marginal" evidence was at least enough to proceed to trial.

Our belief is that videotaping intimate areas of a person's body without their knowledge should be a felony in and of itself. In the case of the landlord, the hole in the wall would likely be all the evidence needed. Laws must keep current with technology, which has flooded the marketplace with tiny video cameras that are easily concealed. We believe it's outrageous that a person could totally invade another person's privacy for personal or commercial uses and possibly face no charge at all.

"I feel voyeurism is the first step toward more heinous criminal acts," District Attorney David Roger told the Sun. We agree and hope legislators agree too. Nevada should adopt what 33 other states already have on their books -- a strong video voyeurism law.