| 1 | A bill to be entitled |
| 2 | An act relating to voyeurism; amending s. 810.145, F.S.; |
| 3 | revising the definition of the term "imaging device" to |
| 4 | include a mirror or similar device; providing that a |
| 5 | violation of this section on the premises of a business |
| 6 | does not confer civil liability on the business or its |
| 7 | agents or employees in certain circumstances; providing an |
| 8 | effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Section 810.145, Florida Statutes, is amended |
| 13 | to read: |
| 14 | 810.145 Video voyeurism.-- |
| 15 | (1) As used in this section, the term: |
| 16 | (a) "Broadcast" means electronically transmitting a visual |
| 17 | image with the intent that it be viewed by another person. |
| 18 | (b) "Imaging device" means any mechanical, digital, or |
| 19 | electronic viewing device, including a mirror or similar device; |
| 20 | still camera; camcorder; motion picture camera; or any other |
| 21 | instrument, equipment, or format capable of recording, storing, |
| 22 | or transmitting visual images of another person. |
| 23 | (c) "Place and time when a person has a reasonable |
| 24 | expectation of privacy" means a place and time when a reasonable |
| 25 | person would believe that he or she could fully disrobe in |
| 26 | privacy, without being concerned that the person's undressing |
| 27 | was being viewed, recorded, or broadcasted by another, |
| 28 | including, but not limited to, the interior of a bathroom, |
| 29 | changing room, fitting room, dressing room, or tanning booth. |
| 30 | (d) "Privately exposing the body" means exposing a sexual |
| 31 | organ. |
| 32 | (2) A person commits the offense of video voyeurism if |
| 33 | that person: |
| 34 | (a) For his or her own amusement, entertainment, sexual |
| 35 | arousal, gratification, or profit, or for the purpose of |
| 36 | degrading or abusing another person, intentionally uses or |
| 37 | installs an imaging device to secretly view, broadcast, or |
| 38 | record a person, without that person's knowledge and consent, |
| 39 | who is dressing, undressing, or privately exposing the body, at |
| 40 | a place and time when that person has a reasonable expectation |
| 41 | of privacy; |
| 42 | (b) For the amusement, entertainment, sexual arousal, |
| 43 | gratification, or profit of another, or on behalf of another, |
| 44 | intentionally permits the use or installation of an imaging |
| 45 | device to secretly view, broadcast, or record a person, without |
| 46 | that person's knowledge and consent, who is dressing, |
| 47 | undressing, or privately exposing the body, at a place and time |
| 48 | when that person has a reasonable expectation of privacy; or |
| 49 | (c) For the amusement, entertainment, sexual arousal, |
| 50 | gratification, or profit of oneself or another, or on behalf of |
| 51 | oneself or another, intentionally uses an imaging device to |
| 52 | secretly view, broadcast, or record under or through the |
| 53 | clothing being worn by another person, without that person's |
| 54 | knowledge and consent, for the purpose of viewing the body of, |
| 55 | or the undergarments worn by, that person. |
| 56 | (3) A person commits the offense of video voyeurism |
| 57 | dissemination if that person, knowing or having reason to |
| 58 | believe that an image was created in a manner described in this |
| 59 | section, intentionally disseminates, distributes, or transfers |
| 60 | the image to another person for the purpose of amusement, |
| 61 | entertainment, sexual arousal, gratification, or profit, or for |
| 62 | the purpose of degrading or abusing another person. |
| 63 | (4) A person commits the offense of commercial video |
| 64 | voyeurism dissemination if that person: |
| 65 | (a) Knowing or having reason to believe that an image was |
| 66 | created in a manner described in this section, sells the image |
| 67 | for consideration to another person; or |
| 68 | (b) Having created the image in a manner described in this |
| 69 | section, disseminates, distributes, or transfers the image to |
| 70 | another person for that person to sell the image to others. |
| 71 | (5) This section does not apply to any: |
| 72 | (a) Law enforcement agency conducting surveillance for a |
| 73 | law enforcement purpose; |
| 74 | (b) Security system when a written notice is conspicuously |
| 75 | posted on the premises stating that a video surveillance system |
| 76 | has been installed for the purpose of security for the premises; |
| 77 | (c) Video surveillance device that is installed in such a |
| 78 | manner that the presence of the device is clearly and |
| 79 | immediately obvious; or |
| 80 | (d) Dissemination, distribution, or transfer of images |
| 81 | subject to this section by a provider of an electronic |
| 82 | communication service as defined in 18 U.S.C. s. 2510(15), or a |
| 83 | provider of a remote computing service as defined in 18 U.S.C. |
| 84 | s. 2711(2). For purposes of this section, the exceptions to the |
| 85 | definition of "electronic communication" set forth in 18 U.S.C. |
| 86 | s. 2510(12)(a), (b), (c), and (d) do not apply, but are included |
| 87 | within the definition of the term. |
| 88 | (6) Except as provided in subsections (7) and (8), a |
| 89 | person who violates this section commits a misdemeanor of the |
| 90 | first degree, punishable as provided in s. 775.082 or s. |
| 91 | 775.083. |
| 92 | (7) A person who violates this section and who has |
| 93 | previously been convicted of or adjudicated delinquent for any |
| 94 | violation of this section commits a felony of the third degree, |
| 95 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 96 | (8)(a) A person who is: |
| 97 | 1. Eighteen years of age or older who is responsible for |
| 98 | the welfare of a child younger than 16 years of age, regardless |
| 99 | of whether the person knows or has reason to know the age of the |
| 100 | child, and who commits an offense under this section against |
| 101 | that child; |
| 102 | 2. Eighteen years of age or older who is employed at a |
| 103 | private school as defined in s. 1002.01; a school as defined in |
| 104 | s. 1003.01; or a voluntary prekindergarten education program as |
| 105 | described in s. 1002.53(3)(a), (b), or (c) and who commits an |
| 106 | offense under this section against a student of the private |
| 107 | school, school, or voluntary prekindergarten education program; |
| 108 | or |
| 109 | 3. Twenty-four years of age or older who commits an |
| 110 | offense under this section against a child younger than 16 years |
| 111 | of age, regardless of whether the person knows or has reason to |
| 112 | know the age of the child |
| 113 |
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| 114 | commits a felony of the third degree, punishable as provided in |
| 115 | s. 775.082, s. 775.083, or s. 775.084. |
| 116 | (b) A person who violates this subsection and who has |
| 117 | previously been convicted of or adjudicated delinquent for any |
| 118 | violation of this section commits a felony of the second degree, |
| 119 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 120 | (9) For purposes of this section, a person has previously |
| 121 | been convicted of or adjudicated delinquent for a violation of |
| 122 | this section if the violation resulted in a conviction that was |
| 123 | sentenced separately, or an adjudication of delinquency entered |
| 124 | separately, prior to the current offense. |
| 125 | (10) This section does not confer civil liability upon a |
| 126 | business or its agents or employees who act reasonably if a |
| 127 | violation of this section occurs on the premises of the |
| 128 | business. |
| 129 | Section 2. This act shall take effect October 1, 2009. |