| 1 | A bill to be entitled |
| 2 | An act relating to the offense of voyeurism; amending s. |
| 3 | 810.145, F.S.; providing that it is a third-degree felony |
| 4 | for certain persons who are responsible for the welfare of |
| 5 | a child younger than 16 years of age to commit the offense |
| 6 | of video voyeurism, video voyeurism dissemination, or |
| 7 | commercial video voyeurism dissemination against that |
| 8 | child; providing that it is a third-degree felony for a |
| 9 | person employed at a school or voluntary prekindergarten |
| 10 | education program to commit the offense of video |
| 11 | voyeurism, video voyeurism dissemination, or commercial |
| 12 | video voyeurism dissemination against a student of the |
| 13 | school or voluntary prekindergarten education program; |
| 14 | providing that it is a third-degree felony for a person |
| 15 | who is 24 years of age or older to commit the offense of |
| 16 | video voyeurism, video voyeurism dissemination, or |
| 17 | commercial video voyeurism dissemination against a child |
| 18 | younger than 16 years of age; providing that it is a |
| 19 | second-degree felony for a person who was previously |
| 20 | convicted of or adjudicated delinquent for video |
| 21 | voyeurism, video voyeurism dissemination, or commercial |
| 22 | video voyeurism dissemination to commit any such third- |
| 23 | degree felony against a child younger than 16 years of age |
| 24 | or a student; providing criminal penalties; providing an |
| 25 | effective date. |
| 26 |
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| 27 | Be It Enacted by the Legislature of the State of Florida: |
| 28 |
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| 29 | Section 1. Subsection (6) of section 810.145, Florida |
| 30 | Statutes, is amended, present subsection (8) of that section is |
| 31 | redesignated as subsection (9), and a new subsection (8) is |
| 32 | added 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 |
| 36 | the first degree, punishable as provided in s. 775.082 or s. |
| 37 | 775.083. |
| 38 | (8)(a) A person who is: |
| 39 | 1. Eighteen years of age or older who is responsible for |
| 40 | the welfare of a child younger than 16 years of age, regardless |
| 41 | of whether the person knows or has reason to know the age of the |
| 42 | child, and who commits an offense under this section against |
| 43 | that child; |
| 44 | 2. Eighteen years of age or older who is employed at a |
| 45 | private school as defined in s. 1002.01; a school as defined in |
| 46 | s. 1003.01; or a voluntary prekindergarten education program as |
| 47 | described in s. 1002.53(3)(a), (b), or (c) and who commits an |
| 48 | offense under this section against a student of the private |
| 49 | school, school, or voluntary prekindergarten education program; |
| 50 | or |
| 51 | 3. Twenty-four years of age or older who commits an |
| 52 | offense under this section against a child younger than 16 years |
| 53 | of age, regardless of whether the person knows or has reason to |
| 54 | know the age of the child |
| 55 | |
| 56 | commits a felony of the third degree, punishable as provided in |
| 57 | s. 775.082, s. 775.083, or s. 775.084. |
| 58 | (b) A person who violates this subsection and who has |
| 59 | previously been convicted of or adjudicated delinquent for any |
| 60 | violation of this section commits a felony of the second degree, |
| 61 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 62 | Section 2. This act shall take effect July 1, 2008. |