A deviant is someone whose behavior falls far outside of society's norms.
So, some societies and in some cultures, this may seem different or not what normally happens in society, and in that case Miguel would be seen as a deviant-regardless of the fact that no one saw him. But because society is now developing and people are becoming more accepting to other people’s opinions and who they choose to present themselves as, Miguel may be viewed just the same as everyone else. So, he may NOT be considered as a deviant.
So, it really just depends on society and culture and community etc.
I hope this helps you :)