Final answer:
Making a secret video without someone's consent for the purpose of promoting lewd behavior is generally considered voyeurism, which is a crime. This act violates an individual's reasonable expectation of privacy and is regulated by laws concerning sexual morality and privacy rights.
Step-by-step explanation:
Making a secret video of a person without their consent, particularly with the intent of promoting lewd and lascivious behavior, does indeed fit within the general parameters of what is considered voyeurism. Voyeurism is a crime that involves secretly observing or recording someone, often in a private setting, where the subject has a reasonable expectation of privacy, for the purpose of sexual gratification or arousal. In the context provided, if the video is intended to appeal to prurient interests, without consent, and fits the outlined state legal definitions of sexually explicit conduct, it would likely be considered voyeuristic behavior, and thus possibly criminal depending on jurisdictional statutes. It is important to note the distinction between this and situations where prosecution extends to the person leaking secret information, as opposed to those promoting the leaked information, as seen in whistleblower cases like Edward Snowden. However, promoting voyeuristic content can also have legal consequences. As defined by the law, and depending on the jurisdiction, the crime of voyeurism typically requires that the following criteria be met:
- The recording or observation is done secretly without the subject's knowledge or consent.
- The subject is in a circumstance where they have a reasonable expectation of privacy.
- The content of the video is of a sexual nature or considered lewd and lascivious.
- Sexual morality and the expectation of privacy are areas in which the government still exercises regulatory powers. As such, the Supreme Court has upheld the state's ability to regulate material that is obscene or harmful to minors, among other aspects of sexual morality. This regulatory framework underscores the legality, or illegality, of recording and distributing sexually explicit material without consent.