Voyeurism - Florida Statute Section 810.14
To prove the crime of Voyeurism, the State must prove:
- You secretly observed the victim, and
- the act was done with a lewd, lascivious, or indecent intent, and
- when the victim was observed, he or she was in a dwelling, structure, or conveyance in which he or she has a reasonable expectation of privacy.
Video Voyeurism - Florida Statute Section 810.145(2)(a) or (b)
To prove the crime of Video Voyeurism, the State must prove:
- You either:
- intentionally used or installed an imaging device to secretly view, broadcast, or record the victim for your own amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading or abusing the victim, or
- intentionally permitted the use or installation of an imaging device to secretly view, broadcast, or record the victim for the amusement, entertainment, sexual arousal, gratification, or profit of another or on behalf of another, and
- the victim was thereby viewed, broadcast, or recorded at a time when the victim was dressing, undressing, or privately exposing his or her body, and
- at the place and time when the victim was viewed, broadcast, or recorded, he or she had a reasonable expectation of privacy, and
- the viewing, broadcast, or recording of the victim was without the knowledge and consent of the victim, and
- at the time you viewed, broadcast, or recorded the victim, you were
- 19 years of age or older or
- under 19 years of age.
Video Voyeurism - Florida Statute Section 810.145(2)(c)
To prove Video Voyeurism under Subsection (c), the State must prove:
- You intentionally used an imaging device to secretly view, broadcast or record under or through the clothing worn by the victim for the amusement, entertainment, sexual arousal, gratification, or profit of yourself or another, and
- your use of the imaging device was for the purpose of viewing the body of or the undergarments worn by the victim, and
- your use of the imaging device was without the knowledge and consent of the victim, and
- at the time you used the imaging device to secretly view, broadcast, or record the victim, you were either:
- 19 years of age or older, or
- under 19 years of age.
Video Voyeurism Dissemination - Florida Statute Section 810.145(3) - Image created in violation of section 810.145(2)(a) and (b)
To prove the crime of Video Voyeurism Dissemination, the State must prove:
- You, or some other person, intentionally used or installed an imaging device to secretly view, broadcast, or record the victim for you own amusement, entertainment, sexual arousal, gratification, or profit or for the purpose of degrading or abusing the victim, or
- you intentionally permitted the use or installation of an imaging device to secretly view, broadcast, or record the victim for the amusement, entertainment, sexual arousal, gratification or profit of another or on behalf of another, and
- the victim was thereby viewed, broadcast, or recorded at a time when the victim was dressing, undressing or privately exposing his or her body, and
- at the place and time when the victim was viewed, broadcast, or recorded, he or she had a reasonable expectation of privacy, and
- you intentionally disseminated, distributed or transferred an image of the victim created in this manner to another person for the purpose of amusement, entertainment, sexual arousal, gratification or profit or for the purpose of degrading or abusing the victim, and
- at the time you disseminated, distributed, or transferred the image of the victim, you knew or had reason to believe that the image of the victim had been created in this manner, and
- at the time you disseminated, distributed, or transferred the image of the victim, you were:
- 19 year of age or older, or
- under 19 years of age.
Video Voyeurism Dissemination - Florida Statute Section 810.145(3) - Image created in violation of section 810.145(2)(c)
To prove the crime of Video Voyeurism Dissemination, the State must prove:
- You, or some other person, intentionally used an imaging device to secretly view, broadcast, or record under or through the clothing worn by the victim for the amusement, entertainment, sexual arousal, gratification, or profit of yourself or another, and
- your, or some other person's use of the imaging device was for the purpose of viewing the body of or the undergarments worn by the victim, and
- your or some other person's use of the imaging device was without the knowledge and consent of the victim, and
- you intentionally disseminated, distributed, or transferred an image of the victim created in this manner to another person for the purpose of amusement, entertainment, sexual arousal, gratification or profit or for the purpose of degrading or abusing the victim, and
- at the time you disseminated, distributed transferred the image of the victim, you knew or had reason to believe that the image of the victim had been created in this manner, and
- at the time you disseminated, distributed, or transferred the image of the victim, you were:
- 19 years of age or older, or
- under 19 years of age.
Commercial Video Voyeurism -
Florida Statute Section 810.145(4)(a) -
Image created in violation of 810.145(2)(a) or (b)
To prove the crime of Commercial Video Voyeurism, the State must prove:
- you, or some other person, intentionally used or installed an imaging device to secretly view, broadcast, or record the victim for your own amusement, entertainment, sexual arousal, gratification, or profit or for the purpose of degrading or abusing the victim, or
- you intentionally permitted the use or installation of an imaging device to secretly view, broadcast, or record the victim for the amusement, entertainment, sexual arousal, gratification or profit of another or on behalf of another, and
- the victim was thereby viewed, broadcast, or recorded at a time when the victim was dressing, undressing or privately exposing his or her body, and
- at the place and time when the victim was viewed, broadcast, or recorded, he or she had a reasonable expectation of privacy, and
- the viewing, broadcast or recording of the victim was without the knowledge and consent of the victim, and
- you sold an image of the victim created in this manner to another person for consideration, and
- you knew or had reason to believe that the image of the victim sold had been created in this manner, and
- at the time you disseminated, distributed, or transferred the image of the victim, you were:
- 19 year of age or older, or
- under 19 years of age.
Commercial Video Voyeurism - Florida Statute Section 810.145(4)(a) Image created in violation of 810.145(2)(c)
To prove the crime of Commercial Video Voyeurism Dissemination, the State must prove:
- You, or some other person, intentionally used an imaging device to secretly view, broadcast, or record under or through the clothing worn by the victim for the amusement, entertainment, sexual arousal, gratification, or profit of yourself or another, and
- your, or some other person's use of the imaging device was for the purpose of viewing the body of or the undergarments worn by the victim, and
- your or some other person's use of the imaging device was without the knowledge and consent of the victim, and
- you sold an image of the victim created in this manner to another person for consideration, and
- you knew or had reason to believe that the image of the victim sold had been created in this manner, and
- at the time you disseminated, distributed, or transferred the image of the victim, you were:
- 19 years of age or older, or
- under 19 years of age.
Video Voyeurism Involving Minors -
Florida Statute Section 810.145(8)
If any of the above listed Video Voyeurism offenses involves a minor, there are enhanced penalties. The State must prove:
- at the time, you:
- viewed, broadcast or recorded the victim, or
- used an imaging device to secretly view, broadcast, or record the victim, or
- disseminated, distributed, or transferred the image of the victim, or
- sold the image of the victim, and
- you were 18 years of age or older, you were responsible for the welfare of the victim and the victim was younger than 16, or
- you were 18 years of age or older, you were employed at a private school, school, voluntary prekindergarten education program, and the victim was a student of that school or program, or
- you were 24 years of age or older and the victim was younger than 16 years of age.
* It is not a defense that you did not know or did not have reason to believe the victim was younger than 16 years of age.