Senate Bill sb1704

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    Florida Senate - 2007                                  SB 1704

    By Senator Fasano





    11-924A-07

  1                      A bill to be entitled

  2         An act relating to punishment for video

  3         voyeurism; amending s. 810.145, F.S.; providing

  4         that a first-time offender commits a felony in

  5         the third degree; providing that each

  6         subsequent violation constitutes a felony in

  7         the second degree; providing that a person who

  8         is in a position of authority over a minor and

  9         who commits the offense of video voyeurism in a

10         school setting commits a felony of the second

11         degree; providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Section 810.145, Florida Statutes, is

16  amended to read:

17         810.145  Video voyeurism.--

18         (1)  As used in this section, the term:

19         (a)  "Broadcast" means electronically transmitting a

20  visual image with the intent that it be viewed by another

21  person.

22         (b)  "Imaging device" means any mechanical, digital, or

23  electronic viewing device; still camera; camcorder; motion

24  picture camera; or any other instrument, equipment, or format

25  capable of recording, storing, or transmitting visual images

26  of another person.

27         (c)  "Place and time when a person has a reasonable

28  expectation of privacy" means a place and time when a

29  reasonable person would believe that he or she could fully

30  disrobe in privacy, without being concerned that the person's

31  undressing was being viewed, recorded, or broadcasted by

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    Florida Senate - 2007                                  SB 1704
    11-924A-07




 1  another, including, but not limited to, the interior of a

 2  bathroom, changing room, fitting room, dressing room, or

 3  tanning booth.

 4         (d)  "Privately exposing the body" means exposing a

 5  sexual organ.

 6         (2)  A person commits the offense of video voyeurism if

 7  that person:

 8         (a)  For his or her own amusement, entertainment,

 9  sexual arousal, gratification, or profit, or for the purpose

10  of degrading or abusing another person, intentionally uses or

11  installs an imaging device to secretly view, broadcast, or

12  record a person, without that person's knowledge and consent,

13  who is dressing, undressing, or privately exposing the body,

14  at a place and time when that person has a reasonable

15  expectation of privacy;

16         (b)  For the amusement, entertainment, sexual arousal,

17  gratification, or profit of another, or on behalf of another,

18  intentionally permits the use or installation of an imaging

19  device to secretly view, broadcast, or record a person,

20  without that person's knowledge and consent, who is dressing,

21  undressing, or privately exposing the body, at a place and

22  time when that person has a reasonable expectation of privacy;

23  or

24         (c)  For the amusement, entertainment, sexual arousal,

25  gratification, or profit of oneself or another, or on behalf

26  of oneself or another, intentionally uses an imaging device to

27  secretly view, broadcast, or record under or through the

28  clothing being worn by another person, without that person's

29  knowledge and consent, for the purpose of viewing the body of,

30  or the undergarments worn by, that person.

31  

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    Florida Senate - 2007                                  SB 1704
    11-924A-07




 1         (3)  A person commits the offense of video voyeurism

 2  dissemination if that person, knowing or having reason to

 3  believe that an image was created in a manner described in

 4  this section, intentionally disseminates, distributes, or

 5  transfers the image to another person for the purpose of

 6  amusement, entertainment, sexual arousal, gratification, or

 7  profit, or for the purpose of degrading or abusing another

 8  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 described in this section, sells the

13  image for consideration to another person; or

14         (b)  Having created the image in a manner described in

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;

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; or

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

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    Florida Senate - 2007                                  SB 1704
    11-924A-07




 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) do not

 4  apply, but are included within the definition of the term.

 5         (6)  Except as provided in subsections subsection (7)

 6  and (8), a person who violates this section commits a felony

 7  misdemeanor of the third first degree, punishable as provided

 8  in s. 775.082, or s. 775.083, or s. 775.084.

 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 commits a felony of the second third

12  degree, punishable as provided in s. 775.082, s. 775.083, or

13  s. 775.084.

14         (8)  A person who is in a position of authority over a

15  minor and violates this section in a school setting commits a

16  felony of the second degree, punishable as provided in s.

17  775.082, s. 775.083, or s. 775.084.

18         (9)(8)  For purposes of this section, a person has

19  previously been convicted of or adjudicated delinquent for a

20  violation of this section if the violation resulted in a

21  conviction that was sentenced separately, or an adjudication

22  of delinquency entered separately, prior to the current

23  offense.

24         Section 2.  This act shall take effect July 1, 2007.

25  

26            *****************************************

27                          SENATE SUMMARY

28    Provides that an offender committing video voyeurism for
      the first time commits a felony in the third degree.
29    Provides that a subsequent violation constitutes a felony
      in the second degree. Provides that it is a second-degree
30    felony for a person who is in a position of authority
      over a minor to commit the offense of video voyeurism in
31    a school setting.

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