SENATE AMENDMENT
    Bill No. CS for SB 284
    Amendment No. 1   Barcode 450960
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Commerce, Economic Opportunities, and
12  Consumer Services recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 2, line 18, through page 5, line 16, delete
16  those lines
17  
18  and insert:  
19         Section 1.  Section 810.145, Florida Statutes, is
20  created to read:
21         810.145  Video voyeurism.--
22         (1)  As used in this section, the term:
23         (a)  "Broadcast" means electronically transmitting a
24  visual image with the intent that it be viewed by another
25  person.
26         (b)  "Imaging device" means any mechanical, digital, or
27  electronic viewing device, still camera, camcorder, motion
28  picture camera, or any other instrument, equipment, or format
29  capable of recording, storing, or transmitting visual images
30  of another person.
31         (c)  "Place and time when a person has a reasonable
                                  1
    11:25 AM   03/03/04                                s0284.cm.01

SENATE AMENDMENT Bill No. CS for SB 284 Amendment No. 1 Barcode 450960 1 expectation of privacy" means a place and time when a 2 reasonable person would believe that he or she could fully 3 disrobe in privacy, without being concerned that the person's 4 undressing was being viewed, recorded, or broadcasted by 5 another, including, but not limited to, the interior of a 6 bathroom, changing room, fitting room, dressing room, or 7 tanning booth. 8 (d) "Privately exposing the body" means exposing a 9 sexual organ. 10 (2) A person commits the offense of video voyeurism if 11 that person: 12 (a) For his or her own amusement, entertainment, 13 sexual arousal, gratification, or profit, or for the purpose 14 of degrading or abusing another person, intentionally uses or 15 installs an imaging device to secretly view, broadcast, or 16 record a person, without that person's knowledge and consent, 17 who is dressing, undressing, or privately exposing the body, 18 at a place and time when that person has a reasonable 19 expectation of privacy; 20 (b) For the amusement, entertainment, sexual arousal, 21 gratification, or profit of another, or on behalf of another, 22 intentionally permits the use or installation of an imaging 23 device to secretly view, broadcast, or record a person, 24 without that person's knowledge and consent, who is dressing, 25 undressing, or privately exposing the body, at a place and 26 time when that person has a reasonable expectation of privacy; 27 or 28 (c) For the amusement, entertainment, sexual arousal, 29 gratification, or profit of oneself or another, or on behalf 30 of oneself or another, intentionally uses an imaging device to 31 secretly view, broadcast, or record under or through the 2 11:25 AM 03/03/04 s0284.cm.01
SENATE AMENDMENT Bill No. CS for SB 284 Amendment No. 1 Barcode 450960 1 clothing being worn by another person, without that person's 2 knowledge and consent, for the purpose of viewing the body of, 3 or the undergarments worn by, that person. 4 (3) A person commits the offense of video voyeurism 5 dissemination if that person, knowing or having reason to 6 believe that an image was created in a manner that violates 7 this section, intentionally disseminates, distributes, or 8 transfers the image to another person. 9 (4) A person commits the offense of commercial video 10 voyeurism dissemination if that person: 11 (a) Knowing or having reason to believe that an image 12 was created in a manner that violates this section, sells the 13 image for consideration to another person; or 14 (b) Having created the image in a manner that violates 15 this section, disseminates, distributes, or transfers the 16 image to another person for that person to sell the image to 17 others. 18 (5) This section does not apply to any: 19 (a) Law enforcement agency conducting surveillance for 20 a law enforcement purpose; 21 (b) Security system when a written notice is 22 conspicuously posted on the premises stating that a video 23 surveillance system has been installed for the purpose of 24 security for the premises; or 25 (c) Video surveillance device that is installed in 26 such a manner that the presence of the device is clearly and 27 immediately obvious. 28 (d) Dissemination, distribution, or transfer of images 29 subject to this section by a provider of an electronic 30 communication service as defined in 18 U.S.C. s. 2510(15), or 31 a provider of a remote computing service as defined in 18 3 11:25 AM 03/03/04 s0284.cm.01
SENATE AMENDMENT Bill No. CS for SB 284 Amendment No. 1 Barcode 450960 1 U.S.C. s. 2711(2). For purposes of this section, the 2 exceptions to the definition of "electronic communication" set 3 forth in 18 U.S.C. s. 2510(12)(a), (b), (c), and (d) shall not 4 apply, but rather shall be included within the definition of 5 the term. 6 (6) Except as provided in subsection (7), a person who 7 violates this section commits a misdemeanor of the first 8 degree, punishable as provided in s. 775.082 or s. 775.083. 9 (7) A person who violates this section and who has 10 previously been convicted of or adjudicated delinquent for any 11 violation of this section two or more times commits a felony 12 of the third degree, punishable as provided in s. 775.082, s. 13 775.083, or s. 775.084. 14 (8) For purposes of this section, a person has 15 previously been convicted of or adjudicated delinquent for a 16 violation of this section if the violation resulted in a 17 conviction that was sentenced separately, or an adjudication 18 of delinquency entered separately, prior to the current 19 offense. 20 21 22 ================ T I T L E A M E N D M E N T =============== 23 And the title is amended as follows: 24 On page 1, lines 14-20, delete those lines 25 26 and insert: 27 undergarments without knowledge and consent of 28 the person viewed; prohibiting a person from 29 disseminating images when the person 30 disseminating the images knows or has reason to 31 believe that the images were recorded in 4 11:25 AM 03/03/04 s0284.cm.01
SENATE AMENDMENT Bill No. CS for SB 284 Amendment No. 1 Barcode 450960 1 violation of law; prohibiting a person from 2 selling images to another for consideration 3 when the person selling the images knows or has 4 reason to believe that 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 11:25 AM 03/03/04 s0284.cm.01