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F.S. 810.145 on Google Scholar

F.S. 810.145 on Casetext

Amendments to 810.145


The 2022 Florida Statutes

Title XLVI
CRIMES
Chapter 810
BURGLARY AND TRESPASS
View Entire Chapter
F.S. 810.145 Florida Statutes and Case Law
810.145 Video voyeurism.
(1) As used in this section, the term:
(a) “Broadcast” means electronically transmitting a visual image with the intent that it be viewed by another person.
(b) “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.
(c) “Place and time when a person has a reasonable expectation of privacy” means a place and time when 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.
(d) “Privately exposing the body” means exposing a sexual organ.
(2) A person commits the offense of video voyeurism if that person:
(a) For his or her own amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading 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;
(b) 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
(c) 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.
(3) A person commits the offense of video voyeurism dissemination if that person, knowing or having reason to believe that an image was created in a manner described in this section, intentionally disseminates, distributes, or transfers the image to another person for the purpose of amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading or abusing another person.
(4) A person commits the offense of commercial video voyeurism dissemination if that person:
(a) Knowing or having reason to believe that an image was created in a manner described in this section, sells the image for consideration to another person; or
(b) Having created the image in a manner described in this section, disseminates, distributes, or transfers the image to another person for that person to sell the image to others.
(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 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), (b), (c), and (d) do not apply, but are included within the definition of the term.
(6) Except as provided in subsections (7) and (8):
(a) A person who is under 19 years of age and who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) A person who is 19 years of age or older and who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(7) 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.
(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, prior to the current offense.
History.s. 1, ch. 2004-39; s. 1, ch. 2008-188; s. 7, ch. 2012-19; s. 1, ch. 2012-39.

Statutes updated from Official Statutes on: August 29, 2022
F.S. 810.145 on Google Scholar

F.S. 810.145 on Casetext

Amendments to 810.145


Arrestable Offenses / Crimes under Fla. Stat. 810.145
Level: Degree
Misdemeanor/Felony: First/Second/Third

810.145 2 - SEX OFFENSE - VIDEO VOYEURISM SUBSQ OFF - F: S
810.145 2 - SEX OFFENSE - VIDEO VOYEURISM YOUNGER THAN 19 YOA 1ST OFF - M: F
810.145 2 - SEX OFFENSE - VIDEO VOYEURISM 19 YOA OR OLDER 1ST OFF - F: T
810.145 3 - SEX OFFENSE - VIDEO VOYEURISM DISSEM SUBSQ OFF - F: S
810.145 3 - SEX OFFENSE - VIDEO VOYER DISSEM YOUNGER THAN 19 YOA 1ST OFF - M: F
810.145 3 - SEX OFFENSE - VIDEO VOTER DISSEM 19 YOA OR OLDER 1ST OFF - F: T
810.145 4 - SEX OFFENSE - COMMERCIAL VIDEO VOYEURISM SUBSQ OFF - F: S
810.145 4 - SEX OFFENSE - COMMER VID VOYER DISSEM YOUNGER 19 YOA 1ST OFF - M: F
810.145 4 - SEX OFFENSE - COMMER VID VOYER DISSEM 19 YOA OLDER 1ST OFF - F: T
810.145 6a - SEX OFFENSE - VIDEO VOYEURISM YOUNGER THAN 19 YOA 1ST OFF - M: F
810.145 6b - SEX OFFENSE - VIDEO VOYEURISM 19 YOA OR OLDER 1ST OFF - F: T
810.145 8a1 - SEX OFFENSE - VIDEO VOY 18 YOA CHILD LESS 16 YOA SUBSQ OFF - F: S
810.145 8a1 - SEX OFFENSE - VIDEO VOYEURISM 18 YOA RESP CHILD LESS 16 YOA - F: S
810.145 8a2 - SEX OFFENSE - VIDEO VOY 18 YOA WORK SCHOOL VPK SUBSQ OFF - F: S
810.145 8a2 - SEX OFFENSE - VIDEO VOYEURISM 18 YOA OLDER WORK SCHOOL VPK - F: S
810.145 8a3 - SEX OFFENSE - VIDEO VOY 24 YOA CHILD LESS 16 YOA SUBSQ OFF - F: S
810.145 8a3 - SEX OFFENSE - VIDEO VOYEURISM 24 YOA OLDER CHILD LESS 16 YOA - F: S


Civil Citations / Citable Offenses under S810.145
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 810.145.


Annotations, Discussions, Cases:

  1. Parkerson v. State

    163 So. 3d 683 (Fla. Dist. Ct. App. 2015)   Cited 3 times
    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 news gathering and news dissemination, and thus not a per se violation of section 810.145(2)(a).
    PAGE 690
  2. For Commercial Video Voyeurism under Fla. Stat. 810.145(4)(b) for an image created in violation of Fla. Stat. 810.145(2)(a) or (b), there are six elements. See Instruction 11.13(g).
    PAGE 274
  3. In re Cases-Report

    982 So. 2d 1160 (Fla. 2008)   Cited 3 times
    This instruction is based on section 810.145(2)(c), Florida Statutes (2004). It is error to inform the jury of a prior conviction before a determination of guilt of the charged offense. Therefore, do not read the allegation of prior conviction or send the information or indictment into the jury room. If the defendant is convicted of the current charge, the historical fact of a previous conviction shall be determined beyond a reasonable doubt by the jury in a bifurcated proceeding. State v. Harbaugh , 754 So.2d 691 (Fla. 2000).
    PAGE 1168
  4. State v. Stahl

    206 So. 3d 124 (Fla. Dist. Ct. App. 2016)   Cited 25 times   2 Legal Analyses
    Stahl was charged with the third-degree felony of video voyeurism by "intentionally us[ing] 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" 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). Absent photographic or video evidence of the crime, the State's case would rest solely on the victim's statements and the video surveillance depicting Stahl moving a device in his hand toward the victim's skirt. It is apparent that the trial court's ruling serves as a serious impediment to the State's case if it does not altogether destroy it. The court's order denies the State the ability to execute an unchallenged…
    PAGE 130
  5. McBride v. Smith

    Case No: 3:14-cv-1246-J-34JRK (M.D. Fla. Jun. 15, 2015)
    These statutes include Fla. Stat. § 748.048 (stalking), Fla. Stat. § 810.145 (video voyeurism), and 18 U.S.C. § 1464 (broadcasting obscene language), as discussed above.
    PAGE 6
  6. J.T.R. v. State

    79 So. 3d 839 (Fla. Dist. Ct. App. 2012)
    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. Stat. (2010) (providing in part that a person is guilty of video voyeurism if he or she “[f]or his or her own amusement ... or for the purpose of degrading 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”).
    PAGE 840
  7. Micciche v. Sec'y, Dep't of Corrs.

    8:18-cv-1270-MSS-JSS (M.D. Fla. Aug. 31, 2021)
    § 943.0435. Defendant was convicted of six counts in violation of Section 827.01 and two counts in violation of Section 810.145(8). As such, Defendant attained the status of sexual offender pursuant to his convictions. Contrary to Defendant's allegations, no prior convictions are required for the application of this designation. As such, Defendant's Motion is hereby denied.
    PAGE 53
  8. Garcia v. Johnson Wales University

    Case Number: 09-21545-CIV-MORENO (S.D. Fla. Dec. 1, 2009)
    The Video Voyeurism Act is violated if someone vide tapes another, for their amusement or pleasure, without that person's knowledge and consent, who is privately exposing the body or undressing, when he or she has a reasonable expectation of privacy. § 810.145(2) Fla. Stat.
    PAGE 7
  9. Furtys v. Dixon

    4:20-cv-355-MW-MJF (N.D. Fla. Aug. 8, 2022)
    Petitioner has not demonstrated that the state court's adjudication of his double jeopardy claim resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established federal law. Section 810.145(8)(a)(3) states that a person 24-years of age or older commits a second-degree felony if the crime of video voyeurism is perpetrated against a child younger than 16 years of age. A person commits video voyeurism when:
    PAGE 61
  10. Commonwealth v. Nascimento

    91 Mass. App. Ct. 665 (Mass. App. Ct. 2017)   Cited 2 times
    By contrast, some analogous statutes in other States explicitly state that they apply to both public and private places. See Md. Code Ann. Crim. § 3-902(c)(2) (statute applies "regardless of whether the individual is in a public or private place"); Nev. Rev. Statutes 200.604(8)(e)(2) (same) ; Okla. Stat. tit. 21. § 1171.C (same). However, such language is not universal. Other States' statutes refer to "place," "place and time," or "where." See Fla. Stat. § 810.145(c) ("place and time"); Ky. Rev. Stat. Ann. § 531.090 (1)(b) ("in a place"); La. Rev. Stat. Ann. § 14:283(A)(1) ("where"); N.Y. Penal Law § 250-45(1) (McKinney) ("at a place and time"); Vt. Stat. Ann. tit. 13,. § 2605(a)(5) ("place").
    PAGE 667