(a) “Broadcast” means electronically transmitting a visual image or visual recording with the intent that it be viewed by another person.
(b) “Family or household member” has the same meaning as in s. 741.28.
(c) “Imaging device” means any mechanical, digital, or electronic viewing device; still camera; camcorder; motion picture camera; or any other instrument, equipment, or format capable of recording, storing, or transmitting visual images of another person.
(d) “Position of authority or trust” means a position occupied by a person 18 years of age or older who is a relative, caregiver, coach, employer, or other person who, by reason of his or her relationship with the victim, is able to exercise undue influence over him or her or exploit his or her trust.
(e) “Privately exposing the body” means exposing a sexual organ.
(f) “Reasonable expectation of privacy” means circumstances under which a reasonable person would believe that he or she could fully disrobe in privacy, without being concerned that the person’s undressing was being viewed, recorded, or broadcasted by another, including, but not limited to, the interior of a residential dwelling, bathroom, changing room, fitting room, dressing room, or tanning booth.
(2)(a) A person commits the offense of digital voyeurism if that person:
1. For his or her own amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading, exploiting, or abusing another person, intentionally uses or installs an imaging device to secretly view, broadcast, or record a person, without that person’s knowledge and consent, who is dressing, undressing, or privately exposing the body, at a place and time when that person has a reasonable expectation of privacy;
2. For the amusement, entertainment, sexual arousal, gratification, or profit of another, or on behalf of another, intentionally permits the use or installation of an imaging device to secretly view, broadcast, or record a person, without that person’s knowledge and consent, who is dressing, undressing, or privately exposing the body, at a place and time when that person has a reasonable expectation of privacy; or
3. For the amusement, entertainment, sexual arousal, gratification, or profit of oneself or another, or on behalf of oneself or another, intentionally uses an imaging device to secretly view, broadcast, or record under or through the clothing being worn by another person, without that person’s knowledge and consent, for the purpose of viewing the body of, or the undergarments worn by, that person.
(b) A person who is under 19 years of age and who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) A person who is 19 years of age or older and who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3)(a) A person commits the offense of digital voyeurism dissemination if that person, knowing or having reason to believe that an image or recording was created in a manner described in subsection (2), intentionally disseminates, distributes, or transfers the image or recording to another person for the purpose of the amusement, entertainment, sexual arousal, or gratification of any person, or for the purpose of degrading, exploiting, or abusing another person.
(b) A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) A person commits the offense of commercial digital voyeurism dissemination if that person:
(a) Knowing or having reason to believe that an image or recording was created in a manner described in subsection (2), sells the image or recording for consideration to another person; or
(b) Having created the image or recording in a manner described in subsection (2), disseminates, distributes, or transfers the image or recording to another person for that person to sell the image or recording to others.
A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) This section does not apply to any:
(a) Law enforcement agency conducting surveillance for a law enforcement purpose;
(b) Security system when a written notice is conspicuously posted on the premises stating that a video surveillance system has been installed for the purpose of security for the premises;
(c) Video surveillance device that is installed in such a manner that the presence of the device is clearly and immediately obvious; or
(d) Dissemination, distribution, or transfer of images or recordings subject to this section by a provider of an electronic communication service as defined in 18 U.S.C. s. 2510(15), or a provider of a remote computing service as defined in 18 U.S.C. s. 2711(2). For purposes of this section, the exceptions to the definition of “electronic communication” set forth in 18 U.S.C. s. 2510(12)(a)-(d) do not apply, but are included within the definition of the term.
(6) Each instance of secretly viewing a person in violation of subsection (2) or broadcasting, recording, disseminating, distributing, or transferring an image or recording made in violation of subsection (2) is a separate offense for which a separate penalty is authorized.
(7)(a) A person who violates this section and who has previously been convicted of or adjudicated delinquent for any violation of this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If a person who is 19 years or age or older commits a violation of this section and is a family or household member of the victim or holds a position of authority or trust with the victim, the court shall reclassify the felony to the next higher degree as follows:
1. A felony of the third degree is reclassified as a felony of the second degree.
2. A felony of the second degree is reclassified as a felony of the first degree.
For purposes of sentencing under chapter 921 and incentive gain-time eligibility under chapter 944, a felony that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 of the felony offense committed.
(8)(a) A person who is:
1. Eighteen years of age or older who is responsible for the welfare of a child younger than 16 years of age, regardless of whether the person knows or has reason to know the age of the child, and who commits an offense under this section against that child;
2. Eighteen years of age or older who is employed at a private school as defined in s. 1002.01; a school as defined in s. 1003.01; or a voluntary prekindergarten education program as described in s. 1002.53(3)(a), (b), or (c) and who commits an offense under this section against a student of the private school, school, or voluntary prekindergarten education program; or
3. Twenty-four years of age or older who commits an offense under this section against a child younger than 16 years of age, regardless of whether the person knows or has reason to know the age of the child
commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) A person who violates this subsection and who has previously been convicted of or adjudicated delinquent for any violation of this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(9) For purposes of this section, a person has previously been convicted of or adjudicated delinquent for a violation of this section if the violation resulted in a conviction that was sentenced separately, or an adjudication of delinquency entered separately, before the current offense.
...s to the extent that it increases traffic to Gawker Media’s website. However, this is distinguishable from selling the Sex Tape purely for commercial purposes. Cf. Michaels I, 5 F.Supp.2d 823 . . Mr. Bollea cites to the offense of video voyeurism, section 810.145(2)(a), Florida Statutes (2006), and to the offense of interception and disclosure of electronic communications, section 934.03, Florida Statutes (2006), in support of his contention....
...ourt's order denying
the State's motion to compel the production of the passcode to unlock Aaron Stahl's
cellphone. We grant the petition and quash the order.
I. Background
Stahl was charged with video voyeurism in violation of section
810.145(2)(c), Florida Statutes (2014), a third-degree felony....
...through the clothing being worn by another person, without that person's knowledge and
consent, for the purpose of viewing the body of, or the undergarments worn by, that
person" for his "amusement, entertainment, sexual arousal, gratification, or profit." §
810.145(2)(c)....
...A necessary element of the crime is the use of an imaging device,
defined as "any mechanical, digital, or electronic viewing device; still camera;
camcorder; motion picture camera; or any other instrument, equipment, or format
capable of recording, storing, or transmitting visual images of another person." §
810.145(1)(b)....
PER CURIAM. Appellant, J.T.R., a minor born in 1994, appeals a final disposition order wherein the trial court withheld adjudication and imposed probation for the offense of video voyeurism as proscribed in section 810.145(2)(a), Florida Statutes. Appellant contends that the trial court erred in denying his motion for judgment of dismissal filed pursuant to Florida Rule of Juvenile Procedure 8.110(k) because the State failed to establish that he secretly recorded the victim. See § 810.145(2)(a), Fla....
Published | Florida 1st District Court of Appeal | 2012 WL 104511
...Gerace, Assistant Attorneys General, Tallahassee, for Appellee. PER CURIAM. Appellant, J.T.R., a minor born in 1994, appeals a final disposition order wherein the trial court withheld adjudication and imposed probation for the offense of video voyeurism as proscribed in section 810.145(2)(a), Florida Statutes. Appellant contends that the trial court erred in denying his motion for judgment of dismissal filed pursuant to Florida Rule of Juvenile Procedure 8.110(k) because the State failed to establish that he secretly recorded the victim. See § 810.145(2)(a), Fla....
...Therefore, in
our analysis of each statute, “we first look at the language of the statute
itself.” Catalano, 104 So. 3d at 1075 (citations omitted).
Overbreadth Challenge to the Video Voyeurism Statute
The video voyeurism statute, section 810.145, Florida Statutes (2010),
provides, in pertinent part:
(2) A person commits the offense of video voyeurism if that
person:
(a) For his or her own amusement, entertainment, sexual
arousal, gratification, or pr...
...without that person’s knowledge and consent, who is
dressing, undressing, or privately exposing the body, at a
place and time when that person has a reasonable expectation
of privacy[.]
5
§ 810.145(2)(a), Fla. Stat. (2010). Section 810.145(5), Florida Statutes
(2010), provides the following exemptions from the video voyeurism
prohibition:
(a) Law enforcement agency conducting surveillance for a law
enforcement purpose;
(b) Security system when a writ...
...(d) Dissemination, distribution, or transfer of images subject
to this section by a provider of an electronic communication
service as defined in 18 U.S.C. s. 2510(15), or a provider of a
remote computing service as defined in 18 U.S.C. s. 2711(2)
....
§ 810.145(5)(a)-(d), Fla. Stat. (2010).
The defendant argues that section 810.145(2)(a) is overbroad by
infringing upon First Amendment protected conduct in two respects:
(1) the statute severely restricts the freedom of the press because
investigative journalists often use imaging devices to record individuals
who...
...those such as private investigators who record as part of their legitimate
business, because if such investigations happen to record someone
dressing, undressing, or in an exposed state, the investigator has violated
the statute as written.
The defendant’s arguments lack merit. Section 810.145(2)(a)’s plain
language does not restrict the press from using or installing imaging
devices if that activity is not for the reporter’s “own amusement,
entertainment, sexual arousal, gratification, or profit, or for the purpose
of degrading or abusing another person.” § 810.145(2)(a), Fla. Stat. (2010).
Rather, such activity presumably would be for the press’s purposes of
6
news gathering and news dissemination, and thus not a per se violation of
section 810.145(2)(a).1
Additionally, for two reasons, the defendant lacks standing to argue
that the statute improperly prohibits private investigators from using
imaging devices to record a person for “profit.”
First, such investigation...
...g device “to secretly view,
broadcast, or record a person, without that person’s knowledge and consent, who
is dressing, undressing, or privately exposing the body, at a place and time when
that person has a reasonable expectation of privacy.” § 810.145(2)(a), Fla....
...ndergarments that is
covered by clothing and intended to be protected from public view.
§ 810.14(1), Fla. Stat. (2014).
8
The defendant argues that section 810.14(1) is overbroad because,
unlike section 810.145(2)(a), section 810.14(1) does not require that the
defendant’s observation of the other person be conducted “without that
person’s knowledge and consent.” § 810.145(2)(a), Fla....
...re “primarily
meant to regulate conduct and not merely pure speech.” J.L.S., 947 So.
2d at 644-45 (citation omitted). To paraphrase our sister court when
analyzing a different statute, there has been no demonstration in this
record that sections 810.145 or 810.14 would prohibit a substantial
amount of protected speech in relation to their otherwise legitimate
applications. Id. at 645-46 (citations omitted). Thus, because any
applications of sections 810.145 and 810.14 which violate the First
Amendment can be remedied through as-applied litigation, we decline to
use the “strong medicine” of overbreadth to invalidate these statutes....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
