Voyeurism Without a Recording Device

My question involves criminal law for the state of: Florida

My wife is a victim of a voyeur in our neighborhood. I found out in the early 90's he was convicted of several counts of burglary as a first offender. In 1998 he was convicted of criminal trespass for attempting to record women through their windows. No recording was successful so he was not charged with felony video voyeurism only 2 counts of trespassing a misdemeanor.

Now in 2016 he has done it again. I found the statutes and am trying to convince the DA to charge him with a felony (see below statute) It says if you have been convicted of voyeurism in the past you have committed a felony of the 3rd degree. Also since this is the same chapter as Burglary and Trespass, I think the judge would really throw the book at him. Do you think they could charge him with a felony even though he was never convicted of voyeurism in the past? Do you think he would have to register as a sex offender in FL? I read that only Video Voyeurism has to register as sex offender.
If this remains only Voyeurism first offense, it will be a misdemeanor and he will skate again.

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BURGLARY AND TRESPASS

View Entire Chapter
810.14 Voyeurism prohibited; penalties.—
(1) A person commits the offense of voyeurism when he or she, with lewd, lascivious, or indecent intent:
(a) Secretly observes another person when the other person is located in a dwelling, structure, or conveyance and such location provides a reasonable expectation of privacy.
(b) Secretly observes another person’s intimate areas in which the person has a reasonable expectation of privacy, when the other person is located in a public or private dwelling, structure, or conveyance. As used in this paragraph, the term “intimate area” means any portion of a person’s body or undergarments that is covered by clothing and intended to be protected from public view.
(2) A person who violates this section commits a misdemeanor of the first degree for the first violation, punishable as provided in s. 775.082 or s. 775.083.
(3) A person who violates this section and who has been previously convicted or adjudicated delinquent two or more times of any violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) For purposes of this section, a person has been previously convicted or adjudicated delinquent of a violation of this section if the violation resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense.
History.—s. 2, ch. 98-415; s. 101, ch. 99-3; s. 1, ch. 2006-267; s. 7, ch. 2014-4.

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Quoting blech

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am trying to convince the DA to charge him with a felony

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What does that mean?

What did you say to the DA?

What did the DA say to you?

There's no way strangers on the internet can speculate on what could happen especially since you have provided no details.

Try answering the following:

What did he do?
When did he do it?
How did he do it?
From where did he do it?
How often has he done it?
Any witnesses?

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Quoting blech

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It says if you have been convicted of voyeurism in the past you have committed a felony of the 3rd degree.

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You really need to read what you wrote - he has NO prior conviction except for Criminal Trespass - which doesn't count. So NO felony.