The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 810
BURGLARY AND TRESPASS

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F.S. 810.145

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.

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

S810.145 - SEX OFFENSE - RENUMBERED. SEE REC # 7485 - M: F

S810.145 - SEX OFFENSE - RENUMBERED. SEE REC # 7291 - F: T

S810.145 2 - SEX OFFENSE - RENUMBERED. SEE REC # 7484 - M: F

S810.145 2 - SEX OFFENSE - VIDEO VOYEURISM PRIOR CONVICTION - F: S

S810.145 2 - SEX OFFENSE - PENALTY CHANGE SEE REC # 7290 - F: T

S810.145 2 - SEX OFFENSE - VIDEO VOYEURISM YOUNGER THAN 19 YOA 1ST OFF - M: F

S810.145 2 - SEX OFFENSE - VIDEO VOYEURISM 19 YOA OR OLDER 1ST OFF - F: T

S810.145 3 - SEX OFFENSE - RENUMBERED. SEE REC # 7486 - M: F

S810.145 3 - SEX OFFENSE - VIDEO VOYEURISM DISSEMINATION PRIOR CONVICTION - F: S

S810.145 3 - SEX OFFENSE - PENALTY CHANGE SEE REC # 7291 - F: T

S810.145 3 - SEX OFFENSE - VIDEO VOYER DISSEM YOUNGER THAN 19 YOA 1ST OFF - M: F

S810.145 3 - SEX OFFENSE - VIDEO VOYER DISSEM 19 YOA OR OLDER 1ST OFF - F: T

S810.145 4 - SEX OFFENSE - RENUMBERED. SEE REC # 7487 - M: F

S810.145 4 - SEX OFFENSE - COMMERCIAL VIDEO VOYEURISM PRIOR CONVICTION - F: S

S810.145 4 - SEX OFFENSE - PENALTY CHANGE SEE REC # 7292 - F: T

S810.145 4 - SEX OFFENSE - COMMER VID VOYER DISSEM YOUNGER 19 YOA 1ST OFF - M: F

S810.145 4 - SEX OFFENSE - COMMER VID VOYER DISSEM 19 YOA OLDER 1ST OFF - F: T

S810.145 6a - SEX OFFENSE - REMOVED - M: F

S810.145 6b - SEX OFFENSE - REMOVED - F: T

S810.145 8a1 - SEX OFFENSE - PENALTY CHANGE SEE REC # 7293 - F: T

S810.145 8a1 - SEX OFFENSE - VIDEO VOY 18 YOA CHILD LESS 16 YOA PRIOR CONVI - F: S

S810.145 8a1 - SEX OFFENSE - VIDEO VOYEURISM 18 YOA RESP CHILD LESS 16 YOA - F: S

S810.145 8a2 - SEX OFFENSE - PENALTY CHANGE SEE REC # 7294 - F: T

S810.145 8a2 - SEX OFFENSE - VIDEO VOY 18 YOA WORK SCHOOL VPK PRIOR CONVIC - F: S

S810.145 8a2 - SEX OFFENSE - VIDEO VOYEURISM 18 YOA OLDER WORK SCHOOL VPK - F: S

S810.145 8a3 - SEX OFFENSE - PENALTY CHANGE SEE REC # 7295 - F: T

S810.145 8a3 - SEX OFFENSE - VIDEO VOY 24 YOA CHILD LESS 16 YOA PRIOR CONVI - F: S

S810.145 8a3 - SEX OFFENSE - VIDEO VOYEURISM 24 YOA OLDER CHILD LESS 16 YOA - F: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

SMITH, v. STATE, 211 So. 3d 176 (Fla. Dist. Ct. App. 2016)

. . . to the time periods prescribed in this section, a prosecution for video voyeurism in violation of s. 810.145 . . .

STATE v. STAHL,, 206 So.3d 124 (Fla. Dist. Ct. App. 2016)

. . . Background Stahl was charged with video voyeurism in violation of section 810.145(2)(c), Florida Statutes . . . worn by, that person” for his “amusement, entertainment, sexual arousal, gratification, or profit.” § 810.145 . . . equipment, or format capable of recording, storing, or transmitting visual images of another person.” § 810.145 . . .

GOSLING, v. STATE, 205 So. 3d 860 (Fla. Dist. Ct. App. 2016)

. . . s.794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 810.145 . . .

SECURE SOLUTIONS USA, INC. v. GOLZAR,, 208 So. 3d 204 (Fla. Dist. Ct. App. 2016)

. . . . § 810.145(2)(a), Fla. . . .

STATE v. COTTON,, 198 So. 3d 737 (Fla. Dist. Ct. App. 2016)

. . . under other laws of this state, such as, but not limited to, s. 787.06, chapter 794, chapter 800, s. 810.145 . . .

PARKERSON, v. STATE, 163 So. 3d 683 (Fla. Dist. Ct. App. 2015)

. . . Overbreadth Challenge to the Video Voyeurism Statute The video voyeurism statute, section 810.145, Florida . . . Section 810.145(5), Florida Statutes (2010), provides the following exemptions from the video voyeurism . . . The defendant argues that section 810.145(2)(a) is overbroad by infringing upon First Amendment protected . . . The defendant argues that section 810.14(1) is overbroad because, unlike section 810.145(2)(a), section . . . Thus, because any applications of sections 810.145 and 810.14 which violate the First Amendment can be . . .

GAWKER MEDIA, LLC a k a v. BOLLEA, a k a LLC LLC LLC A. J. KFT a k a, 129 So. 3d 1196 (Fla. Dist. Ct. App. 2014)

. . . Bollea cites to the offense of video voyeurism, section 810.145(2)(a), Florida Statutes (2006), and to . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 122 So. 3d 263 (Fla. 2013)

. . . (2)(a) and (b)) § 810.145(3), Fla. . . . (2)(c)) § 810.145(3), Fla. . . . (2)(a) or (b)) § 810.145(4)(a), Fla. . . . (2)(c)) § 810.145(4)(a), Fla. . . . (2)(a) or (b)> § 810.145(4)(b), Fla. . . .

J. T. R. A v. STATE, 79 So. 3d 839 (Fla. Dist. Ct. App. 2012)

. . . withheld adjudication and imposed probation for the offense of video voyeurism as proscribed in section 810.145 . . . See § 810.145(2)(a), Fla. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 982 So. 2d 1160 (Fla. 2008)

. . . (2)(a) and (b)) § 810.145(3), Fla. . . . (2)(c)) § 810.145(3), Fla. . . . (2)(a) or (b)) § 810.145(4)(a), Fla. . . . (2)(c)) § 810.145(4)(a), Fla. . . . (2)(a) or (b)) § 810.145(4)(b), Fla. . . .