HB 537

1
A bill to be entitled
2An act relating to the offense of voyeurism; amending s.
3810.145, F.S.; providing that it is a third-degree felony
4for certain persons who are responsible for the welfare of
5a child younger than 16 years of age to commit the offense
6of video voyeurism, video voyeurism dissemination, or
7commercial video voyeurism dissemination against that
8child; providing criminal penalties; providing that it is
9a third-degree felony for a person employed at a school to
10commit the offense of video voyeurism, video voyeurism
11dissemination, or commercial video voyeurism dissemination
12against a student of the school; providing criminal
13penalties; providing that it is a second-degree felony for
14a person who was previously convicted of or adjudicated
15delinquent for video voyeurism, video voyeurism
16dissemination, or commercial video voyeurism dissemination
17to commit any such third-degree felony against a child
18younger than 16 years of age or a student; providing
19criminal penalties; providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Subsection (6) of section 810.145, Florida
24Statutes, is amended, present subsection (8) of that section is
25redesignated as subsection (9), and a new subsection (8) is
26added to that section, to read:
27     810.145  Video voyeurism.--
28     (6)  Except as provided in subsections subsection (7) and
29(8), a person who violates this section commits a misdemeanor of
30the first degree, punishable as provided in s. 775.082 or s.
31775.083.
32     (8)(a)  A person 18 years of age or older who is
33responsible for the welfare of a child younger than 16 years of
34age, regardless of whether the person knows or has reason to
35know the age of the child, and who commits an offense under this
36section against that child commits a felony of the third degree,
37punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
38     (b)  A person 18 years of age or older who is employed at a
39private school as defined in s. 1002.01 or a school as defined
40in s. 1003.01 and who commits an offense under this section
41against a student of the school or private school commits a
42felony of the third degree, punishable as provided in s.
43775.082, s. 775.083, or s. 775.084.
44     (c)  A person who violates this subsection and who has
45previously been convicted of or adjudicated delinquent for any
46violation of this section commits a felony of the second degree,
47punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
48     Section 2.  This act shall take effect July 1, 2008.


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