Senate Bill sb2534c1
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Florida Senate - 2007 CS for SB 2534
By the Committee on Criminal Justice; and Senator Aronberg
591-2232-07
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 for certain persons who
5 are responsible for the welfare of a child
6 younger than 16 years of age to commit the
7 offense of video voyeurism, video voyeurism
8 dissemination, or commercial video voyeurism
9 dissemination against that child; providing
10 criminal penalties; providing that it is a
11 third-degree felony for a person employed at a
12 school to commit the offense of video
13 voyeurism, video voyeurism dissemination, or
14 commercial video voyeurism dissemination
15 against a student of the school; providing
16 criminal penalties; providing that it is a
17 second-degree felony for a person who was
18 previously convicted of or adjudicated
19 delinquent for video voyeurism, video voyeurism
20 dissemination, or commercial video voyeurism
21 dissemination to commit any such third-degree
22 felony against a child younger than 16 years of
23 age or a student; providing criminal penalties;
24 providing an effective date.
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26 Be It Enacted by the Legislature of the State of Florida:
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28 Section 1. Subsection (6) of section 810.145, Florida
29 Statutes, is amended, present subsection (8) of that section
30 is redesignated as subsection (9), and a new subsection (8) is
31 added to that section, to read:
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Florida Senate - 2007 CS for SB 2534
591-2232-07
1 810.145 Video voyeurism.--
2 (6) Except as provided in subsections subsection (7)
3 and (8), a person who violates this section commits a
4 misdemeanor of the first degree, punishable as provided in s.
5 775.082 or s. 775.083.
6 (8)(a) A person 18 years of age or older who is
7 responsible for the welfare of a child younger than 16 years
8 of age, regardless of whether the person knows or has reason
9 to know the age of the child, and who commits an offense under
10 this section against that child commits a felony of the third
11 degree, punishable as provided in s. 775.082, s. 775.083, or
12 s. 775.084.
13 (b) A person 18 years of age or older who is employed
14 at a private school as defined in s. 1002.01 or a school as
15 defined in s. 1003.01 and who commits an offense under this
16 section against a student of the school or private school
17 commits a felony of the third degree, punishable as provided
18 in s. 775.082, s. 775.083, or s. 775.084.
19 (c) A person who violates this subsection and who has
20 previously been convicted of or adjudicated delinquent for any
21 violation of this section commits a felony of the second
22 degree, punishable as provided in s. 775.082, s. 775.083, or
23 s. 775.084.
24 Section 2. This act shall take effect July 1, 2007.
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Florida Senate - 2007 CS for SB 2534
591-2232-07
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2534
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4 - Requires the offender to be at least 18 years of age or
older.
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- Protects children under the age of 16 when the offender
6 had responsibility for the child victim's welfare. The
bill applied to victims who were 16 and under and did not
7 require that the offender be responsible for the child's
welfare. Lowering the age range by one year matches the
8 age requirement for committing lewd or lascivious
offenses under s. 800.04, F.S.
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- Protects older victims who are students at a public or
10 private K-12 school, regardless of age, when the offender
is employed at the school.
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