1

A bill to be entitled

2

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

3

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

4

for certain persons who are responsible for the welfare of

5

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

6

of video voyeurism, video voyeurism dissemination, or

7

commercial video voyeurism dissemination against that

8

child; providing criminal penalties; providing that it is

9

a third-degree felony for a person employed at a school to

10

commit the offense of video voyeurism, video voyeurism

11

dissemination, or commercial video voyeurism dissemination

12

against a student of the school; providing criminal

13

penalties; providing that it is a second-degree felony for

14

a person who was previously convicted of or adjudicated

15

delinquent for video voyeurism, video voyeurism

16

dissemination, or commercial video voyeurism dissemination

17

to commit any such third-degree felony against a child

18

younger than 16 years of age or a student; providing

19

criminal penalties; providing an effective date.

20

21

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

22

23

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

24

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

25

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

26

to that section, to read:

27

     810.145  Video voyeurism.--

28

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

29

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

30

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

31

775.083.

32

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

33

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

34

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

35

age of the child, and who commits an offense under this section

36

against that child commits a felony of the third degree,

37

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

38

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

39

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

40

s. 1003.01 and who commits an offense under this section against

41

a student of the school or private school commits a felony of the

42

third degree, punishable as provided in s. 775.082, s. 775.083,

43

or s. 775.084.

44

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

45

previously been convicted of or adjudicated delinquent for any

46

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

47

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

48

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