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A bill to be entitled

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

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

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for certain persons who are responsible for the welfare of

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

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of video voyeurism, video voyeurism dissemination, or

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commercial video voyeurism dissemination against that

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

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person employed at a school or voluntary prekindergarten

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education program to commit the offense of video

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voyeurism, video voyeurism dissemination, or commercial

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video voyeurism dissemination against a student of the

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school or voluntary prekindergarten education program;

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

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

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video voyeurism, video voyeurism dissemination, or

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commercial video voyeurism dissemination against a child

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

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second-degree felony for a person who was previously

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convicted of or adjudicated delinquent for video

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voyeurism, video voyeurism dissemination, or commercial

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video voyeurism dissemination to commit any such third-

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degree felony against a child younger than 16 years of age

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or a student; providing criminal penalties; providing an

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effective date.

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

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

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

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

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to that section, to read:

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     810.145  Video voyeurism.--

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

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

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

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775.083.

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     (8)(a) A person who is:

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

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

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

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

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child;

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

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

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s. 1003.01; or a voluntary prekindergarten education program as

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

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offense under this section against a student of the private

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school, school, or voluntary prekindergarten education program;

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or

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

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

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

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age of the child,

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

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

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

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previously been convicted of or adjudicated delinquent for any

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

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

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