1(1) 2As used in this section, the term:9(a) 10“Broadcast” means electronically transmitting a visual image with the intent that it be viewed by another person.
27(b) 28“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.
62(c) 63“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.
131(d) 132“Privately exposing the body” means exposing a sexual organ.
141(2) 142A person commits the offense of video voyeurism if that person:153(a) 154For 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;
220(b) 221For 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
285(c) 286For 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.
348(3) 349A 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.
410(4) 411A person commits the offense of commercial video voyeurism dissemination if that person:424(a) 425Knowing 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
452(b) 453Having 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.
482(5) 483This section does not apply to any:490(a) 491Law enforcement agency conducting surveillance for a law enforcement purpose;
501(b) 502Security 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;
531(c) 532Video surveillance device that is installed in such a manner that the presence of the device is clearly and immediately obvious; or
554(d) 555Dissemination, 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.
631(6) 632Except as provided in subsections (7) and (8):640(a) 641A 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. 667775.082 668or s. 670775.083671. 672(b) 673A 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. 700775.082, 701s. 702775.083, 703or s. 705775.084706. 707(7) 708A 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. 742775.082, 743s. 744775.083, 745or s. 747775.084748. 749(8)(a) 750A person who is:7541. 755Eighteen 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;
8032. 804Eighteen years of age or older who is employed at a private school as defined in s. 8211002.01; 822a school as defined in s. 8281003.01; 829or a voluntary prekindergarten education program as described in s. 8391002.53(3)(a), 840(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 8653. 866Twenty-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
904commits a felony of the second degree, punishable as provided in s. 916775.082, 917s. 918775.083, 919or s. 921775.084922.
923(b) 924A 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. 958775.082, 959s. 960775.083, 961or s. 963775.084964. 965(9) 966For 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.
