Senate Bill sb2534c1

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    Florida Senate - 2007                           CS for SB 2534

    By the Committee on Criminal Justice; and Senator Aronberg





    591-2232-07

  1                      A bill to be entitled

  2         An act relating to the offense of voyeurism;

  3         amending s. 810.145, F.S.; providing that it is

  4         a third-degree felony for certain persons who

  5         are responsible for the welfare of a child

  6         younger than 16 years of age to commit the

  7         offense of video voyeurism, video voyeurism

  8         dissemination, or commercial video voyeurism

  9         dissemination against that child; providing

10         criminal penalties; providing that it is a

11         third-degree felony for a person employed at a

12         school to commit the offense of video

13         voyeurism, video voyeurism dissemination, or

14         commercial video voyeurism dissemination

15         against a student of the school; providing

16         criminal penalties; providing that it is a

17         second-degree felony for a person who was

18         previously convicted of or adjudicated

19         delinquent for video voyeurism, video voyeurism

20         dissemination, or commercial video voyeurism

21         dissemination to commit any such third-degree

22         felony against a child younger than 16 years of

23         age or a student; providing criminal penalties;

24         providing an effective date.

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

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28         Section 1.  Subsection (6) of section 810.145, Florida

29  Statutes, is amended, present subsection (8) of that section

30  is redesignated as subsection (9), and a new subsection (8) is

31  added to that section, to read:

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    Florida Senate - 2007                           CS for SB 2534
    591-2232-07




 1         810.145  Video voyeurism.--

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

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

 4  misdemeanor of the first degree, punishable as provided in s.

 5  775.082 or s. 775.083.

 6         (8)(a)  A person 18 years of age or older who is

 7  responsible for the welfare of a child younger than 16 years

 8  of age, regardless of whether the person knows or has reason

 9  to know the age of the child, and who commits an offense under

10  this section against that child commits a felony of the third

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

12  s. 775.084.

13         (b)  A person 18 years of age or older who is employed

14  at a private school as defined in s. 1002.01 or a school as

15  defined in s. 1003.01 and who commits an offense under this

16  section against a student of the school or private school

17  commits a felony of the third degree, punishable as provided

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

19         (c)  A person who violates this subsection and who has

20  previously been convicted of or adjudicated delinquent for any

21  violation of this section commits a felony of the second

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

23  s. 775.084.

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

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    Florida Senate - 2007                           CS for SB 2534
    591-2232-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2534

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 4  -    Requires the offender to be at least 18 years of age or
         older.
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    -    Protects children under the age of 16 when the offender
 6       had responsibility for the child victim's welfare. The
         bill applied to victims who were 16 and under and did not
 7       require that the offender be responsible for the child's
         welfare. Lowering the age range by one year matches the
 8       age requirement for committing lewd or lascivious
         offenses under s. 800.04, F.S.
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    -    Protects older victims who are students at a public or
10       private K-12 school, regardless of age, when the offender
         is employed at the school.
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