Florida Statute 810.145 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 810
BURGLARY AND TRESPASS

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F.S. 810.145

810.145 Digital voyeurism.—

(1) As used in this section, the term:

(a) “Broadcast” means electronically transmitting a visual image or visual recording with the intent that it be viewed by another person.

(b) “Family or household member” has the same meaning as in s. 741.28.

(c) “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.

(d) “Position of authority or trust” means a position occupied by a person 18 years of age or older who is a relative, caregiver, coach, employer, or other person who, by reason of his or her relationship with the victim, is able to exercise undue influence over him or her or exploit his or her trust.

(e) “Privately exposing the body” means exposing a sexual organ.

(f) “Reasonable expectation of privacy” means circumstances under which 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.

(2)(a) A person commits the offense of digital voyeurism if that person:

1. For his or her own amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading, exploiting, 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;

2. 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

3. 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.

(b) A person who is under 19 years of age and who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(c) A person who is 19 years of age or older and who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a) A person commits the offense of digital voyeurism dissemination if that person, knowing or having reason to believe that an image or recording was created in a manner described in subsection (2), intentionally disseminates, distributes, or transfers the image or recording to another person for the purpose of the amusement, entertainment, sexual arousal, or gratification of any person, or for the purpose of degrading, exploiting, or abusing another person.

(b) A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) A person commits the offense of commercial digital voyeurism dissemination if that person:

(a) Knowing or having reason to believe that an image or recording was created in a manner described in subsection (2), sells the image or recording for consideration to another person; or

(b) Having created the image or recording in a manner described in subsection (2), disseminates, distributes, or transfers the image or recording to another person for that person to sell the image or recording to others.

A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(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 or recordings 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)-(d) do not apply, but are included within the definition of the term.

(6) Each instance of secretly viewing a person in violation of subsection (2) or broadcasting, recording, disseminating, distributing, or transferring an image or recording made in violation of subsection (2) is a separate offense for which a separate penalty is authorized.

(7)(a) 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.

(b) If a person who is 19 years or age or older commits a violation of this section and is a family or household member of the victim or holds a position of authority or trust with the victim, the court shall reclassify the felony to the next higher degree as follows:

1. A felony of the third degree is reclassified as a felony of the second degree.

2. A felony of the second degree is reclassified as a felony of the first degree.

For purposes of sentencing under chapter 921 and incentive gain-time eligibility under chapter 944, a felony that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 of the felony offense committed.

(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, before the current offense.

History.—s. 1, ch. 2004-39; s. 1, ch. 2008-188; s. 7, ch. 2012-19; s. 1, ch. 2012-39; s. 1, ch. 2024-132.

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 Citing Statute 810.145

Total Results: 14

STATE OF FLORIDA v. ANDREW SCOTT CROSE

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-26T00:00:00-08:00

Snippet: former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133;

JUAN CRESENCIO MATOS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-04-12T00:53:00-07:00

Snippet: limited to, s. 787.06, chapter 794, chapter 800, s. 810.145, chapter 827, and chapter 847. The Legislature

STATE OF FLORIDA v. WILLIAM GRAHAM MARCELLUS HAYES, II

Court: Fla. Dist. Ct. App. | Date Filed: 2020-08-19T00:53:00-07:00

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

Smith v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-21T00:00:00-08:00

Citation: 211 So. 3d 176, 2016 Fla. App. LEXIS 18676

Snippet: prosecution for video voyeurism in violation of s. 810.145 may be commenced within 1 year after the date on

State v. Stahl

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-07T00:00:00-08:00

Citation: 206 So. 3d 124, 2016 Fla. App. LEXIS 18067

Snippet: charged with video voyeurism in violation of section 810.145(2)(c), Florida Statutes (2014), a third-degree …, sexual arousal, gratification, or profit.” § 810.145(2)(c). A necessary element of the crime is the …transmitting visual images of another person.” § 810.145(l)(b), Absent photographic or video evidence of

Gosling v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-30T00:00:00-08:00

Citation: 205 So. 3d 860, 2016 Fla. App. LEXIS 17719

Snippet: former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135

G4s Secure Solutions USA, Inc., Etc. v. Golzar

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-09T00:00:00-08:00

Citation: 208 So. 3d 204, 2016 Fla. App. LEXIS 16663

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

State v. Cotton

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-26T00:00:00-08:00

Citation: 198 So. 3d 737, 2016 Fla. App. LEXIS 2859, 2016 WL 746359

Snippet: limited to, s. 787.06, chapter 794, chapter 800, s. 810.145, chapter 827, and chapter 847. The [[legislature

Kenneth Isaac Parkerson v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-29T00:00:00-07:00

Citation: 163 So. 3d 683, 2015 Fla. App. LEXIS 6312

Snippet: expectation of privacy[.] § 810.145(2)(a), Fla. Stat. (2010). Section 810.145(5), Florida Statutes (2010…. § 810.145(5)(a)-(d), Fla. Stat. (2010). The defendant argues that section 810.145(2)(a) is…Statute The video voyeurism statute, section 810.145, Florida Statutes (2010), provides, in pertinent… The defendant’s arguments lack merit. Section 810.145(2)(a)’s plain language does not restrict the press…purpose of degrading or abusing another person.” § 810.145(2)(a), Fla. Stat. (2010). Rather, such activity

Gawker Media, LLC v. Bollea

Court: Fla. Dist. Ct. App. | Date Filed: 2014-01-17T00:00:00-08:00

Citation: 129 So. 3d 1196, 42 Media L. Rep. (BNA) 2122, 2014 Fla. App. LEXIS 452, 2014 WL 185217

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

In re Standard Jury Instructions in Criminal Cases—Report No. 2012-09

Court: Fla. | Date Filed: 2013-09-04T00:00:00-07:00

Citation: 122 So. 3d 263, 38 Fla. L. Weekly Supp. 617, 2013 Fla. LEXIS 1893, 2013 WL 4734579

Snippet: Image created in violation of section 810.145(2)(a) and (b)) § 810.145(3), Fla. Stat. To prove the crime …(Image created in violation of section 810.145(2)(c)) § 810.145(3), Fla. Stat. To prove the crime of Video…Image created in violation of section 810.145(2)(a) or (b)) § 810.145(4)(a), Fla. Stat. To prove the crime…(Image created in violation of section 810.145(2)(c)) § 810.145(4)(a), Fla. Stat. To prove the crime of…Image created in violation of section 810.145(2)(a) or (b)> § 810.145(4)(b), Fla. Stat. To prove the crime

J.T.R. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-01-13T00:00:00-08:00

Citation: 79 So. 3d 839, 2012 Fla. App. LEXIS 365

Snippet: offense of video voyeurism as proscribed in section 810.145(2)(a), Florida Statutes. Appellant contends that…establish that he secretly recorded the victim. See § 810.145(2)(a), Fla. Stat. (2010) (providing in part that

JTR v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-01-12T23:53:00-08:00

Citation: 79 So. 3d 839

In re Standard Jury Instructions in Criminal Cases-Report No. 2007-5

Court: Fla. | Date Filed: 2008-05-15T00:00:00-07:00

Citation: 982 So. 2d 1160, 33 Fla. L. Weekly Supp. 313, 2008 Fla. LEXIS 886, 2008 WL 2051068

Snippet: Image created in violation of section 810.145(2)(a) and (b)) § 810.145(3), Fla. Stat. To prove the crime …(Image created in violation of section 810.145(2)(c)) § 810.145(3), Fla. Stat. nsm Dissemination, the …Image created in violation of section 810.145(2)(a) or (b)) § 810.145(4)(a), Fla. Stat. To prove the crime…(Image created in violation of section 810.145(2)(c)) § 810.145(4)(a), Fla. Stat. To prove the crime of…Image created in violation of section 810.145(2)(a) or (b)) § 810.145(4)(b), Fla. Stat. To prove the crime