| 1 | A bill to be entitled |
| 2 | An act relating to video voyeurism; amending s. |
| 3 | 810.145, F.S.; revising the definition of the term |
| 4 | "place and time when a person has a reasonable |
| 5 | expectation of privacy" to include the interior of a |
| 6 | residential dwelling; increasing the classification of |
| 7 | specified video voyeurism offenses; amending s. |
| 8 | 921.0022, F.S.; ranking a violation of s. |
| 9 | 810.145(8)(b), F.S., above its default value for |
| 10 | purposes of the offense severity ranking chart of the |
| 11 | Criminal Punishment Code; providing an effective date. |
| 12 |
|
| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
|
| 15 | Section 1. Paragraph (c) of subsection (1) and subsections |
| 16 | (6), (7), and (8) of section 810.145, Florida Statutes, are |
| 17 | amended to read: |
| 18 | 810.145 Video voyeurism.- |
| 19 | (1) As used in this section, the term: |
| 20 | (c) "Place and time when a person has a reasonable |
| 21 | expectation of privacy" means a place and time when a reasonable |
| 22 | person would believe that he or she could fully disrobe in |
| 23 | privacy, without being concerned that the person's undressing |
| 24 | was being viewed, recorded, or broadcasted by another, |
| 25 | including, but not limited to, the interior of a residential |
| 26 | dwelling, bathroom, changing room, fitting room, dressing room, |
| 27 | or tanning booth. |
| 28 | (6) Except as provided in subsections (7) and (8), a |
| 29 | person who violates this section commits a felony misdemeanor of |
| 30 | the third first degree, punishable as provided in s. 775.082, or |
| 31 | s. 775.083, or s. 775.084. |
| 32 | (7) A person who violates this section and who has |
| 33 | previously been convicted of or adjudicated delinquent for any |
| 34 | violation of this section commits a felony of the second third |
| 35 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 36 | 775.084. |
| 37 | (8)(a) A person who is: |
| 38 | 1. Eighteen years of age or older who is responsible for |
| 39 | the welfare of a child younger than 16 years of age, regardless |
| 40 | of whether the person knows or has reason to know the age of the |
| 41 | child, and who commits an offense under this section against |
| 42 | that child; |
| 43 | 2. Eighteen years of age or older who is employed at a |
| 44 | private school as defined in s. 1002.01; a school as defined in |
| 45 | s. 1003.01; or a voluntary prekindergarten education program as |
| 46 | described in s. 1002.53(3)(a), (b), or (c) and who commits an |
| 47 | offense under this section against a student of the private |
| 48 | school, school, or voluntary prekindergarten education program; |
| 49 | or |
| 50 | 3. Twenty-four years of age or older who commits an |
| 51 | offense under this section against a child younger than 16 years |
| 52 | of age, regardless of whether the person knows or has reason to |
| 53 | know the age of the child |
| 54 |
|
| 55 | commits a felony of the second third degree, punishable as |
| 56 | provided in s. 775.082, s. 775.083, or s. 775.084. |
| 57 | (b) A person who violates this subsection and who has |
| 58 | previously been convicted of or adjudicated delinquent for any |
| 59 | violation of this section commits a felony of the second degree, |
| 60 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 61 | Section 2. Paragraph (f) of subsection (3) of section |
| 62 | 921.0022, Florida Statutes, is amended to read: |
| 63 | 921.0022 Criminal Punishment Code; offense severity |
| 64 | ranking chart.- |
| 65 | (3) OFFENSE SEVERITY RANKING CHART |
| 66 | (f) LEVEL 6 |
| 67 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 68 |
|
| | | 316.193(2)(b) | 3rd | Felony DUI, 4th or subsequent conviction. |
|
| 69 |
|
| | | 499.0051(3) | 2nd | Knowing forgery of pedigree papers. |
|
| 70 |
|
| | | 499.0051(4) | 2nd | Knowing purchase or receipt of prescription drug from unauthorized person. |
|
| 71 |
|
| | | 499.0051(5) | 2nd | Knowing sale or transfer of prescription drug to unauthorized person. |
|
| 72 |
|
| | | 775.0875(1) | 3rd | Taking firearm from law enforcement officer. |
|
| 73 |
|
| | | 784.021(1)(a) | 3rd | Aggravated assault; deadly weapon without intent to kill. |
|
| 74 |
|
| | | 784.021(1)(b) | 3rd | Aggravated assault; intent to commit felony. |
|
| 75 |
|
| | | 784.041 | 3rd | Felony battery; domestic battery by strangulation. |
|
| 76 |
|
| | | 784.048(3) | 3rd | Aggravated stalking; credible threat. |
|
| 77 |
|
| | | 784.048(5) | 3rd | Aggravated stalking of person under 16. |
|
| 78 |
|
| | | 784.07(2)(c) | 2nd | Aggravated assault on law enforcement officer. |
|
| 79 |
|
| | | 784.074(1)(b) | 2nd | Aggravated assault on sexually violent predators facility staff. |
|
| 80 |
|
| | | 784.08(2)(b) | 2nd | Aggravated assault on a person 65 years of age or older. |
|
| 81 |
|
| | | 784.081(2) | 2nd | Aggravated assault on specified official or employee. |
|
| 82 |
|
| | | 784.082(2) | 2nd | Aggravated assault by detained person on visitor or other detainee. |
|
| 83 |
|
| | | 784.083(2) | 2nd | Aggravated assault on code inspector. |
|
| 84 |
|
| | | 787.02(2) | 3rd | False imprisonment; restraining with purpose other than those in s. 787.01. |
|
| 85 |
|
| | | 790.115(2)(d) | 2nd | Discharging firearm or weapon on school property. |
|
| 86 |
|
| | | 790.161(2) | 2nd | Make, possess, or throw destructive device with intent to do bodily harm or damage property. |
|
| 87 |
|
| | | 790.164(1) | 2nd | False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. |
|
| 88 |
|
| | | 790.19 | 2nd | Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. |
|
| 89 |
|
| | | 794.011(8)(a) | 3rd | Solicitation of minor to participate in sexual activity by custodial adult. |
|
| 90 |
|
| | | 794.05(1) | 2nd | Unlawful sexual activity with specified minor. |
|
| 91 |
|
| | | 800.04(5)(d) | 3rd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years. |
|
| 92 |
|
| | | 800.04(6)(b) | 2nd | Lewd or lascivious conduct; offender 18 years of age or older. |
|
| 93 |
|
| | | 806.031(2) | 2nd | Arson resulting in great bodily harm to firefighter or any other person. |
|
| 94 |
|
| | | 810.02(3)(c) | 2nd | Burglary of occupied structure; unarmed; no assault or battery. |
|
| 95 |
|
| | | 810.145(8)(b) | 2nd | Video voyeurism; certain minor victims; 2nd or subsequent offense. |
|
| 96 |
|
| | | 812.014(2)(b)1. | 2nd | Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. |
|
| 97 |
|
| | | 812.014(6) | 2nd | Theft; property stolen $3,000 or more; coordination of others. |
|
| 98 |
|
| | | 812.015(9)(a) | 2nd | Retail theft; property stolen $300 or more; second or subsequent conviction. |
|
| 99 |
|
| | | 812.015(9)(b) | 2nd | Retail theft; property stolen $3,000 or more; coordination of others. |
|
| 100 |
|
| | | 812.13(2)(c) | 2nd | Robbery, no firearm or other weapon (strong-arm robbery). |
|
| 101 |
|
| | | 817.034(4)(a)1. | 1st | Communications fraud, value greater than $50,000. |
|
| 102 |
|
| | | 817.4821(5) | 2nd | Possess cloning paraphernalia with intent to create cloned cellular telephones. |
|
| 103 |
|
| | | 825.102(1) | 3rd | Abuse of an elderly person or disabled adult. |
|
| 104 |
|
| | | 825.102(3)(c) | 3rd | Neglect of an elderly person or disabled adult. |
|
| 105 |
|
| | | 825.1025(3) | 3rd | Lewd or lascivious molestation of an elderly person or disabled adult. |
|
| 106 |
|
| | | 825.103(2)(c) | 3rd | Exploiting an elderly person or disabled adult and property is valued at less than $20,000. |
|
| 107 |
|
| | | 827.03(1) | 3rd | Abuse of a child. |
|
| 108 |
|
| | | 827.03(3)(c) | 3rd | Neglect of a child. |
|
| 109 |
|
| | | 827.071(2) & (3) | 2nd | Use or induce a child in a sexual performance, or promote or direct such performance. |
|
| 110 |
|
| | | 836.05 | 2nd | Threats; extortion. |
|
| 111 |
|
| | | 836.10 | 2nd | Written threats to kill or do bodily injury. |
|
| 112 |
|
| | | 843.12 | 3rd | Aids or assists person to escape. |
|
| 113 |
|
| | | 847.011 | 3rd | Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. |
|
| 114 |
|
| | | 847.012 | 3rd | Knowingly using a minor in the production of materials harmful to minors. |
|
| 115 |
|
| | | 847.0135(2) | 3rd | Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. |
|
| 116 |
|
| | | 914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
|
| 117 |
|
| | | 944.35(3)(a)2. | 3rd | Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. |
|
| 118 |
|
| | |
| 119 |
|
| | | 944.46 | 3rd | Harboring, concealing, aiding escaped prisoners. |
|
| 120 |
|
| | | 944.47(1)(a)5. | 2nd | Introduction of contraband (firearm, weapon, or explosive) into correctional facility. |
|
| 121 |
|
| | | 951.22(1) | 3rd | Intoxicating drug, firearm, or weapon introduced into county facility. |
|
| 122 |
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| 123 | Section 3. This act shall take effect July 1, 2012. |