ENROLLED
       2012 Legislature                           SB 436, 1st Engrossed
       
       
       
       
       
       
                                                              2012436er
    1  
    2         An act relating to video voyeurism; amending s.
    3         810.145, F.S.; revising the definition of the term
    4         “place and time when a person has a reasonable
    5         expectation of privacy” to include the interior of a
    6         residential dwelling; increasing the classification of
    7         specified video voyeurism offenses; amending s.
    8         921.0022, F.S.; ranking a violation of s.
    9         810.145(8)(b), F.S., above its default value for
   10         purposes of the offense severity ranking chart of the
   11         Criminal Punishment Code; providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (c) of subsection (1) and subsections
   16  (6), (7), and (8) of section 810.145, Florida Statutes, are
   17  amended to read:
   18         810.145 Video voyeurism.—
   19         (1) As used in this section, the term:
   20         (c) “Place and time when a person has a reasonable
   21  expectation of privacy” means a place and time when a reasonable
   22  person would believe that he or she could fully disrobe in
   23  privacy, without being concerned that the person’s undressing
   24  was being viewed, recorded, or broadcasted by another,
   25  including, but not limited to, the interior of a residential
   26  dwelling, bathroom, changing room, fitting room, dressing room,
   27  or tanning booth.
   28         (6) Except as provided in subsections (7) and (8):,
   29         (a) A person who is under 19 years of age and who violates
   30  this section commits a misdemeanor of the first degree,
   31  punishable as provided in s. 775.082 or s. 775.083.
   32         (b) A person who is 19 years of age or older and who
   33  violates this section commits a felony of the third degree,
   34  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   35         (7) A person who violates this section and who has
   36  previously been convicted of or adjudicated delinquent for any
   37  violation of this section commits a felony of the second third
   38  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   39  775.084.
   40         (8)(a) A person who is:
   41         1. Eighteen years of age or older who is responsible for
   42  the welfare of a child younger than 16 years of age, regardless
   43  of whether the person knows or has reason to know the age of the
   44  child, and who commits an offense under this section against
   45  that child;
   46         2. Eighteen years of age or older who is employed at a
   47  private school as defined in s. 1002.01; a school as defined in
   48  s. 1003.01; or a voluntary prekindergarten education program as
   49  described in s. 1002.53(3)(a), (b), or (c) and who commits an
   50  offense under this section against a student of the private
   51  school, school, or voluntary prekindergarten education program;
   52  or
   53         3. Twenty-four years of age or older who commits an offense
   54  under this section against a child younger than 16 years of age,
   55  regardless of whether the person knows or has reason to know the
   56  age of the child
   57  
   58  commits a felony of the second third degree, punishable as
   59  provided in s. 775.082, s. 775.083, or s. 775.084.
   60         (b) A person who violates this subsection and who has
   61  previously been convicted of or adjudicated delinquent for any
   62  violation of this section commits a felony of the second degree,
   63  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   64         Section 2. Paragraph (f) of subsection (3) of section
   65  921.0022, Florida Statutes, is amended to read:
   66         921.0022 Criminal Punishment Code; offense severity ranking
   67  chart.—
   68         (3) OFFENSE SEVERITY RANKING CHART
   69         (f) LEVEL 6
   70  FloridaStatute   FelonyDegree                Description                 
   71  316.193(2)(b)      3rd   Felony DUI, 4th or subsequent conviction.   
   72  499.0051(3)        2nd   Knowing forgery of pedigree papers.         
   73  499.0051(4)        2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
   74  499.0051(5)        2nd   Knowing sale or transfer of prescription drug to unauthorized person.
   75  775.0875(1)        3rd   Taking firearm from law enforcement officer.
   76  784.021(1)(a)      3rd   Aggravated assault; deadly weapon without intent to kill.
   77  784.021(1)(b)      3rd   Aggravated assault; intent to commit felony.
   78  784.041            3rd   Felony battery; domestic battery by strangulation.
   79  784.048(3)         3rd   Aggravated stalking; credible threat.       
   80  784.048(5)         3rd   Aggravated stalking of person under 16.     
   81  784.07(2)(c)       2nd   Aggravated assault on law enforcement officer.
   82  784.074(1)(b)      2nd   Aggravated assault on sexually violent predators facility staff.
   83  784.08(2)(b)       2nd   Aggravated assault on a person 65 years of age or older.
   84  784.081(2)         2nd   Aggravated assault on specified official or employee.
   85  784.082(2)         2nd   Aggravated assault by detained person on visitor or other detainee.
   86  784.083(2)         2nd   Aggravated assault on code inspector.       
   87  787.02(2)          3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
   88  790.115(2)(d)      2nd   Discharging firearm or weapon on school property.
   89  790.161(2)         2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
   90  790.164(1)         2nd   False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
   91  790.19             2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
   92  794.011(8)(a)      3rd   Solicitation of minor to participate in sexual activity by custodial adult.
   93  794.05(1)          2nd   Unlawful sexual activity with specified minor.
   94  800.04(5)(d)       3rd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
   95  800.04(6)(b)       2nd   Lewd or lascivious conduct; offender 18 years of age or older.
   96  806.031(2)         2nd   Arson resulting in great bodily harm to firefighter or any other person.
   97  810.02(3)(c)       2nd   Burglary of occupied structure; unarmed; no assault or battery.
   98  810.145(8)(b)      2nd   Video voyeurism; certain minor victims; 2nd or subsequent offense.
   99  812.014(2)(b)1.    2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  100  812.014(6)         2nd   Theft; property stolen $3,000 or more; coordination of others.
  101  812.015(9)(a)      2nd   Retail theft; property stolen $300 or more; second or subsequent conviction.
  102  812.015(9)(b)      2nd   Retail theft; property stolen $3,000 or more; coordination of others.
  103  812.13(2)(c)       2nd   Robbery, no firearm or other weapon (strong-arm robbery).
  104  817.034(4)(a)1.    1st   Communications fraud, value greater than $50,000.
  105  817.4821(5)        2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
  106  825.102(1)         3rd   Abuse of an elderly person or disabled adult.
  107  825.102(3)(c)      3rd   Neglect of an elderly person or disabled adult.
  108  825.1025(3)        3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
  109  825.103(2)(c)      3rd   Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
  110  827.03(1)          3rd   Abuse of a child.                           
  111  827.03(3)(c)       3rd   Neglect of a child.                         
  112  827.071(2) & (3)   2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
  113  836.05             2nd   Threats; extortion.                         
  114  836.10             2nd   Written threats to kill or do bodily injury.
  115  843.12             3rd   Aids or assists person to escape.           
  116  847.011            3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  117  847.012            3rd   Knowingly using a minor in the production of materials harmful to minors.
  118  847.0135(2)        3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  119  914.23             2nd   Retaliation against a witness, victim, or informant, with bodily injury.
  120  944.35(3)(a)2.     3rd   Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
  121  944.40             2nd   Escapes.                                    
  122  944.46             3rd   Harboring, concealing, aiding escaped prisoners.
  123  944.47(1)(a)5.     2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  124  951.22(1)          3rd   Intoxicating drug, firearm, or weapon introduced into county facility.
  125         Section 3. This act shall take effect July 1, 2012.