Senate Bill sb2534

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    Florida Senate - 2007                                  SB 2534

    By Senator Aronberg





    27-891B-07

  1                      A bill to be entitled

  2         An act relating to the offense of voyeurism;

  3         amending s. 810.145, F.S.; providing that it is

  4         a third-degree felony to intentionally use or

  5         install an imaging device to secretly view,

  6         broadcast, or record a person younger than 16

  7         years of age who is dressing, undressing, or

  8         privately exposing his or her body and who has

  9         a reasonable expectation of privacy; providing

10         criminal penalties; providing that it is a

11         felony of the second degree if a person

12         intentionally uses or installs an imaging

13         device to secretly view, broadcast, or record a

14         person younger than 16 years of age who is

15         dressing, undressing, or privately exposing his

16         or her body and he or she has a reasonable

17         expectation of privacy and the person viewing,

18         recording, or broadcasting has been previously

19         convicted or adjudicated delinquent for

20         committing video voyeurism; providing criminal

21         penalties; providing an effective date.

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

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

26  Statutes, is amended, and subsections (9) and (10) are added

27  to that section, to read:

28         810.145  Video voyeurism.--

29         (6)  Except as provided in subsections subsection (7),

30  (9), and (10), a person who violates this section commits a

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    Florida Senate - 2007                                  SB 2534
    27-891B-07




 1  misdemeanor of the first degree, punishable as provided in s.

 2  775.082 or s. 775.083.

 3         (9)  A person who, when violating this section,

 4  secretly views, broadcasts, or records a person who is 16

 5  years of age or younger, regardless of whether the person

 6  knows or has reason to know the age of the person viewed,

 7  broadcasted, or recorded, commits the offense of video

 8  voyeurism with respect to a minor, a felony of the third

 9  degree, punishable as provided in s. 775.082, s. 775.083, or

10  s. 775.084.

11         (10)(a)  A person who violates subsection (9) and who

12  has been previously convicted or adjudicated delinquent of any

13  violation of this section commits a felony of the second

14  degree, punishable as provided in s. 775.082, s. 775.083, or

15  s. 775.084.

16         (b)  For purposes of this section, a person has been

17  previously convicted or adjudicated delinquent of a violation

18  of this section if the violation resulted in a conviction

19  sentenced separately, or an adjudication of delinquency was

20  entered separately, prior to the current offense.

21         Section 2.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                                  SB 2534
    27-891B-07




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 2                          SENATE SUMMARY

 3    Provides that when a person intentionally uses or
      installs an imaging device to secretly view, broadcast,
 4    or record a person who is dressing, undressing, or
      privately exposing the body when that person has a
 5    reasonable expectation of privacy, and when that person
      is 16 years of age or younger, the observing person
 6    commits the offense of video voyeurism with respect to a
      minor, a felony of the third degree. Provides that it is
 7    a felony of the second degree if a person intentionally
      uses or installs an imaging device to secretly view,
 8    broadcast, or record a person younger than 16 years of
      age who is dressing, undressing, or privately exposing
 9    his or her body and the person viewing, recording, or
      broadcasting the person has been previously convicted or
10    adjudicated delinquent for committing video voyeurism.

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CODING: Words stricken are deletions; words underlined are additions.