Florida Senate - 2012 SB 436
By Senator Storms
10-00488-12 2012436__
1 A bill to be entitled
2 An act relating to video voyeurism; amending s.
3 810.145, F.S.; revising the definition of the term
4 “place and time when a person has a reasonable
5 expectation of privacy” to include the interior of a
6 residential dwelling; increasing the classification of
7 specified video voyeurism offenses; amending s.
8 921.0022, F.S.; ranking a violation of s.
9 810.145(8)(b), F.S., above its default value for
10 purposes of the offense severity ranking chart of the
11 Criminal Punishment Code; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Paragraph (c) of subsection (1) and subsections
16 (6), (7), and (8) of section 810.145, Florida Statutes, are
17 amended to read:
18 810.145 Video voyeurism.—
19 (1) As used in this section, the term:
20 (c) “Place and time when a person has a reasonable
21 expectation of privacy” means a place and time when a reasonable
22 person would believe that he or she could fully disrobe in
23 privacy, without being concerned that the person’s undressing
24 was being viewed, recorded, or broadcasted by another,
25 including, but not limited to, the interior of a residential
26 dwelling, bathroom, changing room, fitting room, dressing room,
27 or tanning booth.
28 (6) Except as provided in subsections (7) and (8), a person
29 who violates this section commits a felony misdemeanor of the
30 third first degree, punishable as provided in s. 775.082, or s.
31 775.083, or s. 775.084.
32 (7) A person who violates this section and who has
33 previously been convicted of or adjudicated delinquent for any
34 violation of this section commits a felony of the second third
35 degree, punishable as provided in s. 775.082, s. 775.083, or s.
36 775.084.
37 (8)(a) A person who is:
38 1. Eighteen years of age or older who is responsible for
39 the welfare of a child younger than 16 years of age, regardless
40 of whether the person knows or has reason to know the age of the
41 child, and who commits an offense under this section against
42 that child;
43 2. Eighteen years of age or older who is employed at a
44 private school as defined in s. 1002.01; a school as defined in
45 s. 1003.01; or a voluntary prekindergarten education program as
46 described in s. 1002.53(3)(a), (b), or (c) and who commits an
47 offense under this section against a student of the private
48 school, school, or voluntary prekindergarten education program;
49 or
50 3. Twenty-four years of age or older who commits an offense
51 under this section against a child younger than 16 years of age,
52 regardless of whether the person knows or has reason to know the
53 age of the child
54
55 commits a felony of the second third degree, punishable as
56 provided in s. 775.082, s. 775.083, or s. 775.084.
57 (b) A person who violates this subsection and who has
58 previously been convicted of or adjudicated delinquent for any
59 violation of this section commits a felony of the second degree,
60 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
61 Section 2. Paragraph (f) of subsection (3) of section
62 921.0022, Florida Statutes, is amended to read:
63 921.0022 Criminal Punishment Code; offense severity ranking
64 chart.—
65 (3) OFFENSE SEVERITY RANKING CHART
66 (f) LEVEL 6
67 FloridaStatute FelonyDegree Description
68 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
69 499.0051(3) 2nd Knowing forgery of pedigree papers.
70 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
71 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
72 775.0875(1) 3rd Taking firearm from law enforcement officer.
73 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
74 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
75 784.041 3rd Felony battery; domestic battery by strangulation.
76 784.048(3) 3rd Aggravated stalking; credible threat.
77 784.048(5) 3rd Aggravated stalking of person under 16.
78 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
79 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
80 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
81 784.081(2) 2nd Aggravated assault on specified official or employee.
82 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
83 784.083(2) 2nd Aggravated assault on code inspector.
84 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
85 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
86 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
87 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
88 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
89 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
90 794.05(1) 2nd Unlawful sexual activity with specified minor.
91 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
92 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
93 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
94 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
95 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
96 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
97 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
98 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
99 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
100 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
101 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
102 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
103 825.102(1) 3rd Abuse of an elderly person or disabled adult.
104 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
105 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
106 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
107 827.03(1) 3rd Abuse of a child.
108 827.03(3)(c) 3rd Neglect of a child.
109 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
110 836.05 2nd Threats; extortion.
111 836.10 2nd Written threats to kill or do bodily injury.
112 843.12 3rd Aids or assists person to escape.
113 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
114 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
115 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
116 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
117 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
118 944.40 2nd Escapes.
119 944.46 3rd Harboring, concealing, aiding escaped prisoners.
120 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
121 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
122 Section 3. This act shall take effect July 1, 2012.