Florida/Georgia Personal Injury & Workers Compensation

...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)....

So.2d 1160] and 2013. 11.13(a) VIDEO VOYEURISM § 810.145(2)(a) or (b), Fla. Stat. To prove the crime of

...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....

person has a reasonable expectation of privacy. § 810.145(2)(a), Fla. Stat. (2012). .The majority draws

...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....

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....

and amended in 2008. 11.13(a) VIDEO VOYEURISM § 810.145(2)(a) or (b), Fla. Stat. To prove the crime of

...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....

room, dressing room, or tanning booth. § 810.145(1)(c), Fla. Stat. (2019) (emphasis added). Likewise