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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 a person to commit the offense of video voyeurism, video

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voyeurism dissemination, or commercial video voyeurism

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dissemination against a child younger than 16 years of age;

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providing criminal penalties; providing that it is a second-

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degree felony for a person who was previously convicted of

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or adjudicated delinquent for video voyeurism, video

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voyeurism dissemination, or commercial video voyeurism

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dissemination to commit any such offense against a child

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younger than 16 years of age; providing criminal penalties;

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providing an 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 violates this section when the victim

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is a child younger than 16 years of age, regardless of whether

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the person knows or has reason to know the 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.