1

The Committee on Criminal and Civil Justice Appropriations

2

(Dawson) recommended the following amendment:

3

4

     Senate Amendment (with title amendment)

5

     Delete everything after the enacting clause

6

and insert:

7

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

8

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

9

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

10

to that section, to read:

11

     810.145  Video voyeurism.--

12

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

13

(8), a person who violates this section commits a misdemeanor of

14

the first degree, punishable as provided in s. 775.082 or s.

15

775.083.

16

     (8)(a) A person who is:

17

     1. Eighteen years of age or older who is responsible for

18

the welfare of a child younger than 16 years of age, regardless

19

of whether the person knows or has reason to know the age of the

20

child, and who commits an offense under this section against that

21

child;

22

     2. Eighteen years of age or older who is employed at a

23

private school as defined in s. 1002.01; a school as defined in

24

s. 1003.01; or a voluntary prekindergarten education program as

25

described in s. 1002.53(3)(a), (b), or (c) and who commits an

26

offense under this section against a student of the private

27

school, school, or voluntary prekindergarten education program;

28

or

29

     3. Twenty-four years of age or older who commits an offense

30

under this section against a child younger than 16 years of age,

31

regardless of whether the person knows or has reason to know the

32

age of the child,

33

34

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

35

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

36

     (b) A person who violates this subsection and who has

37

previously been convicted of or adjudicated delinquent for any

38

violation of this section commits a felony of the second degree,

39

punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

40

     Section 2.  This act shall take effect July 1, 2008.

41

42

================ T I T L E  A M E N D M E N T ================

43

And the title is amended as follows:

44

     Delete everything before the enacting clause

45

and insert:

46

A bill to be entitled

47

An act relating to the offense of voyeurism; amending s.

48

810.145, F.S.; providing that it is a third-degree felony

49

for certain persons who are responsible for the welfare of

50

a child younger than 16 years of age to commit the offense

51

of video voyeurism, video voyeurism dissemination, or

52

commercial video voyeurism dissemination against that

53

child; providing that it is a third-degree felony for a

54

person employed at a school or voluntary prekindergarten

55

education program to commit the offense of video

56

voyeurism, video voyeurism dissemination, or commercial

57

video voyeurism dissemination against a student of the

58

school or voluntary prekindergarten education program;

59

providing that it is a third-degree felony for a person

60

who is 24 years of age or older to commit the offense of

61

video voyeurism, video voyeurism dissemination, or

62

commercial video voyeurism dissemination against a child

63

younger than 16 years of age; providing that it is a

64

second-degree felony for a person who was previously

65

convicted of or adjudicated delinquent for video

66

voyeurism, video voyeurism dissemination, or commercial

67

video voyeurism dissemination to commit any such third-

68

degree felony against a child younger than 16 years of age

69

or a student; providing criminal penalties; providing an

70

effective date.

4/8/2008  1:03:00 PM     29-06904-08