CS/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 that it is a third-degree felony for a
9person employed at a school or voluntary prekindergarten
10education program to commit the offense of video
11voyeurism, video voyeurism dissemination, or commercial
12video voyeurism dissemination against a student of the
13school or voluntary prekindergarten education program;
14providing that it is a third-degree felony for a person
15who is 24 years of age or older to commit the offense of
16video voyeurism, video voyeurism dissemination, or
17commercial video voyeurism dissemination against a child
18younger than 16 years of age; providing that it is a
19second-degree felony for a person who was previously
20convicted of or adjudicated delinquent for video
21voyeurism, video voyeurism dissemination, or commercial
22video voyeurism dissemination to commit any such third-
23degree felony against a child younger than 16 years of age
24or a student; providing criminal penalties; providing an
25effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Subsection (6) of section 810.145, Florida
30Statutes, is amended, present subsection (8) of that section is
31redesignated as subsection (9), and a new subsection (8) is
32added to that section, to read:
33     810.145  Video voyeurism.--
34     (6)  Except as provided in subsections subsection (7) and
35(8), a person who violates this section commits a misdemeanor of
36the first degree, punishable as provided in s. 775.082 or s.
37775.083.
38     (8)(a)  A person who is:
39     1.  Eighteen years of age or older who is responsible for
40the welfare of a child younger than 16 years of age, regardless
41of whether the person knows or has reason to know the age of the
42child, and who commits an offense under this section against
43that child;
44     2.  Eighteen years of age or older who is employed at a
45private school as defined in s. 1002.01; a school as defined in
46s. 1003.01; or a voluntary prekindergarten education program as
47described in s. 1002.53(3)(a), (b), or (c) and who commits an
48offense under this section against a student of the private
49school, school, or voluntary prekindergarten education program;
50or
51     3.  Twenty-four years of age or older who commits an
52offense under this section against a child younger than 16 years
53of age, regardless of whether the person knows or has reason to
54know the age of the child
55
56commits a felony of the third degree, punishable as provided in
57s. 775.082, s. 775.083, or s. 775.084.
58     (b)  A person who violates this subsection and who has
59previously been convicted of or adjudicated delinquent for any
60violation of this section commits a felony of the second degree,
61punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
62     Section 2.  This act shall take effect July 1, 2008.


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