ENROLLED
2012 Legislature SB 436, 1st Engrossed
2012436er
1
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):,
29 (a) A person who is under 19 years of age and who violates
30 this section commits a misdemeanor of the first degree,
31 punishable as provided in s. 775.082 or s. 775.083.
32 (b) A person who is 19 years of age or older and who
33 violates this section commits a felony of the third degree,
34 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
35 (7) A person who violates this section and who has
36 previously been convicted of or adjudicated delinquent for any
37 violation of this section commits a felony of the second third
38 degree, punishable as provided in s. 775.082, s. 775.083, or s.
39 775.084.
40 (8)(a) A person who is:
41 1. Eighteen years of age or older who is responsible for
42 the welfare of a child younger than 16 years of age, regardless
43 of whether the person knows or has reason to know the age of the
44 child, and who commits an offense under this section against
45 that child;
46 2. Eighteen years of age or older who is employed at a
47 private school as defined in s. 1002.01; a school as defined in
48 s. 1003.01; or a voluntary prekindergarten education program as
49 described in s. 1002.53(3)(a), (b), or (c) and who commits an
50 offense under this section against a student of the private
51 school, school, or voluntary prekindergarten education program;
52 or
53 3. Twenty-four years of age or older who commits an offense
54 under this section against a child younger than 16 years of age,
55 regardless of whether the person knows or has reason to know the
56 age of the child
57
58 commits a felony of the second third degree, punishable as
59 provided in s. 775.082, s. 775.083, or s. 775.084.
60 (b) A person who violates this subsection and who has
61 previously been convicted of or adjudicated delinquent for any
62 violation of this section commits a felony of the second degree,
63 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
64 Section 2. Paragraph (f) of subsection (3) of section
65 921.0022, Florida Statutes, is amended to read:
66 921.0022 Criminal Punishment Code; offense severity ranking
67 chart.—
68 (3) OFFENSE SEVERITY RANKING CHART
69 (f) LEVEL 6
70 FloridaStatute FelonyDegree Description
71 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
72 499.0051(3) 2nd Knowing forgery of pedigree papers.
73 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
74 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
75 775.0875(1) 3rd Taking firearm from law enforcement officer.
76 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
77 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
78 784.041 3rd Felony battery; domestic battery by strangulation.
79 784.048(3) 3rd Aggravated stalking; credible threat.
80 784.048(5) 3rd Aggravated stalking of person under 16.
81 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
82 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
83 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
84 784.081(2) 2nd Aggravated assault on specified official or employee.
85 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
86 784.083(2) 2nd Aggravated assault on code inspector.
87 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
88 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
89 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
90 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
91 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
92 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
93 794.05(1) 2nd Unlawful sexual activity with specified minor.
94 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
95 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
96 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
97 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
98 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
99 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
100 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
101 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
102 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
103 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
104 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
105 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
106 825.102(1) 3rd Abuse of an elderly person or disabled adult.
107 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
108 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
109 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
110 827.03(1) 3rd Abuse of a child.
111 827.03(3)(c) 3rd Neglect of a child.
112 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
113 836.05 2nd Threats; extortion.
114 836.10 2nd Written threats to kill or do bodily injury.
115 843.12 3rd Aids or assists person to escape.
116 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
117 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
118 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
119 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
120 944.35(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.
121 944.40 2nd Escapes.
122 944.46 3rd Harboring, concealing, aiding escaped prisoners.
123 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
124 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
125 Section 3. This act shall take effect July 1, 2012.