This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1389b.CRJ
DATE: 1/31/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1389 Digital Voyeurism
SPONSOR(S): Criminal Justice Subcommittee, Cassel
TIED BILLS: IDEN./SIM. BILLS: SB 1604
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee 16 Y, 0 N, As CS Butcher Hall
2) Justice Appropriations Subcommittee
3) Judiciary Committee
SUMMARY ANALYSIS
Section 810.145, F.S., prohibits video voyeurism, video voyeurism dissemination, and commercial video
voyeurism dissemination. Generally, a person commits video voyeurism if he or she intentionally uses or
installs, or 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. Generally, a person who is under 19
years of age and who commits any video voyeurism offense commits a first degree misdemeanor; a person
who is 19 years of age or older and commits any video voyeurism offense commits a third degree felony; and a
person who commits any second or subsequent video voyeurism offense commits a second degree felony,
regardless of his or her age. Currently, a first video voyeurism offense is not listed on the offense severity
ranking chart (OSRC), so the penalty for any first offense is the same regardless of conduct.
CS/HB 1389 amends s. 810.145, F.S., to rename the offense from “video voyeurism” to “digital voyeurism” and
revise the penalty scheme for digital voyeurism offenses. Under the bill, for a first offense of digital voyeurism,
a person under 19 years of age commits a first degree misdemeanor and a person 19 years of age or older
commits a third degree felony, ranked as a Level 3 offense on the OSRC. A person, regardless of age,
commits a third degree felony for a first offense of digital voyeurism dissemination, ranked as a Level 4 offense
on the OSRC, and a third degree felony for a first offense of commercial digital voyeurism dissemination,
ranked as a Level 5 offense on the OSRC. A person, regardless of age, commits a second degree felony for a
second or subsequent digital voyeurism offense, ranked as a Level 5 offense on the OSRC, and a second
degree felony for a digital voyeurism offense against a specified minor victim, ranked as a Level 5 offense on
the OSRC.
Under the bill, the penalty for a digital voyeurism offense is reclassified to the next highest felony level and
OSRC level if a person is 19 years of age or older and:
Is a family or household member of the victim; or
Holds a position of authority or trust with the victim.
The bill specifies that each instance of the viewing, broadcasting, recording, disseminating, distributing, or
transferring of an image or recording made in violation of s. 810.145, F.S., is a separate offense for which a
separate penalty is authorized. The bill also makes other conforming changes.
The bill may have an indeterminate positive impact on the jail and prison bed population by making digital
voyeurism dissemination and commercial digital voyeurism dissemination a felony, regardless of the offender’s
age, increasing the OSRC ranking for specified digital voyeurism offenses, and providing for reclassification of
specified digital voyeurism offenses, which may result in increased admissions to and jail and prison facilities
and offenders serving longer terms of incarceration in such facilities.
The bill provides an effective date of October 1, 2024. STORAGE NAME: h1389b.CRJ PAGE: 2
DATE: 1/31/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Voyeurism
Under section 810.14, F.S., a person commits voyeurism when he or she, with lewd, lascivious, or
indecent intent:
Secretly observes another person when the other person is located in a dwelling, structure, or
conveyance and such location provides a reasonable expectation of privacy; or
Secretly observes another person’s intimate areas
1
in which the person has a reasonable
expectation of privacy, when the other person is located in a public or private dwelling,
structure, or conveyance.
A first or second voyeurism offense is punishable as a first degree misdemeanor
2
and a third or
subsequent offense is punishable as a third degree felony.
3
Video Voyeurism
Generally, under s. 810.145(2), F.S., a person commits video voyeurism if that person, for amusement,
entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading or abusing another
person, intentionally:
Uses or installs an imaging device
4
to secretly view, broadcast,
5
or record a person, without that
person’s knowledge and consent, who is dressing, undressing, or privately exposing the body,
6
at a place and time when that person has a reasonable expectation of privacy;
7
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
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.
8
Video Voyeurism Dissemination
Under s. 810.145(3), F.S., a person commits video voyeurism dissemination if that person, knowing or
having reason to believe that an image was created in a manner prohibited under s. 810.145, F.S.,
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.
1
“Intimate area” means any portion of a person’s body or undergarments that is covered by clothing and intended to be protected from
public view.
2
A first degree misdemeanor is punishable by up to one year in county jail and a $1,000 fine. Ss. 775.082 and 775.083, F.S.
3
A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. Ss. 775.082, 775.083, or 775.084, F.S.
4
“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. S. 810.145(1)(b),
F.S.
5
“Broadcast” means electronically transmitting a visual image with the intent that it be viewed by another person. S. 810.145(1)(a), F.S.
6
“Privately exposing the body” means exposing a sexual organ. S. 810.145(1)(d), F.S.
7
“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. S. 810.145(1)(c), F.S.
8
S. 810.145(2)(a)-(c), F.S. STORAGE NAME: h1389b.CRJ PAGE: 3
DATE: 1/31/2024
Commercial Video Voyeurism Dissemination
Under s. 810.145(4), F.S., a person commits commercial video voyeurism dissemination if that person:
Knowing or having reason to believe that an image was created a manner prohibited under s.
810.145, F.S., sells the image for consideration to another person; or
Having created the image in a manner prohibited under s. 810.145, F.S., disseminates,
distributes, or transfers the image to another person for that person to sell the image to others.
Video Voyeurism Penalties
Generally, a person who commits video voyeurism, video voyeurism dissemination, or commercial
digital voyeurism dissemination under s. 810.145, F.S., commits a:
First degree misdemeanor if he or she is under 19 years of age.
Third degree felony if he or she is 19 years of age or older.
Second degree felony
9
if he or she commits a violation and has previously been convicted of or
adjudicated delinquent for any violation of s. 810.145, F.S., regardless of his or her age.
10
A person commits a second degree felony if he or she commits any video voyeurism offense and is:
18 years of age or older and commits the offense against a child younger than 16 years of age
whose welfare he or she is responsible for, regardless of whether he or she knows or has
reason to know the child’s age;
18 years of age or older, and employed at a private school as defined in s. 1002.01, F.S.;
11
a
school as defined in s. 1003.01, F.S.;
12
or a voluntary prekindergarten education program as
described in s. 1002.53(3)(a), (b), or (c), F.S.,
13
and commits the offense against a student of
the school; or
24 years of age or older and commits the offense against a child younger than 16 years of age,
regardless of whether he or she knows or has reason to know the child’s age.
14
Criminal Punishment Code
Felony offenses which are subject to the Criminal Punishment Code
15
are listed in a single offense
severity ranking chart (OSRC),
16
which uses 10 offense levels to rank felonies from least severe to
most severe. Each felony offense listed in the OSRC is assigned a level according to the severity of the
offense.
17,18
A person’s primary offense, any other current offenses, and prior convictions are scored
using the points designated for the offense severity level of each offense.
19,20
The final score
9
A second degree felony is punishable by up to 15 years imprisonment and a $10,000 fine. Ss. 775.082, 775.083, or 775.084, F.S.
10
S. 810.145(6)-(7), F.S.
11
A “private school” is a nonpublic school defined as an individual, association, copartnership, or corporation, or department, division,
or section of such organizations, that designates itself as an educational center that includes kindergarten or a higher grade or as an
elementary, secondary, business, technical, or trade school below college level or any organization that provides instructional services
that meet the intent of s. 1003.01(16), F.S., or that gives preemployment or supplementary training in technology or in fields of trade or
industry or that offers academic, literary, or career training below college level, or any combination of the above, including an institution
that performs the functions of the above schools through correspondence or extension, except those licensed under the provisions of
chapter 1005, F.S. A private school may be a parochial, religious, denominational, for-profit, or nonprofit school. This definition does not
include home education programs conducted in accordance with s. 1002.41, F.S.
12
“School” means an organization of students for instructional purposes on an elementary, middle or junior high school, secondary or
high school, or other public school level authorized under rules of the State Board of Education.
13
These programs in include a: (a) school-year prekindergarten program delivered by a private prekindergarten provider under s.
1002.55, F.S.; (b) summer prekindergarten program delivered by a public school or private prekindergarten provider under s. 1002.61,
F.S.; and (c) school-year prekindergarten program delivered by a public school.
14
S. 810.145(8)(a)1.-3., F.S.
15
All felony offenses, with the exception of capital felonies, committed on or after October 1, 1998, are subject to the Criminal
Punishment Code. S. 921.002, F.S.
16
S. 921.0022, F.S.
17
S. 921.0022(2), F.S.
18
Felony offenses that are not listed in the OSRC default to statutorily assigned levels, as follows: an unlisted third-degree felony
defaults to a level 1; an unlisted second-degree felony defaults to a level 4; an unlisted first-degree felony defaults to a level 7; an
unlisted first-degree felony punishable by life defaults to a level 9; and an unlisted life felony defaults to a level 10. S. 921.0023, F.S.
19
Ss. 921.0022 and 921.0024, F.S. STORAGE NAME: h1389b.CRJ PAGE: 4
DATE: 1/31/2024
calculation, following the scoresheet formula, determines the lowest permissible sentence that a trial
court may impose, absent a valid reason for departure.
21
Current Rankings for Video Voyeurism Offenses
Current OSRC rankings for felony offenses under s. 810.145, F.S., are as follows:
Video voyeurism under s. 810.145(2)-(4), F.S., is unranked and as a third degree felony
defaults to a Level 1 offense if committed by a person 19 years of age or older;
A second or subsequent conviction for video voyeurism under s. 810.145(2)-(4), F.S., is
unranked and as a second degree felony defaults to a Level 4 offense, regardless of the
offender’s age;
22
and
Video voyeurism committed by a specified person against a specified child or student under s.
810.145(8)(a), F.S., is unranked and as a second degree felony defaults to a Level 4 offense,
for a first time offense, and is ranked as a Level 6 offense if the offender has a prior violation of
any video voyeurism offense.
Effect of Proposed Changes
CS/HB 1389 amends s. 810.145, F.S., to rename the offense from “video voyeurism” to “digital
voyeurism.”
The bill revises the penalty scheme for digital voyeurism offenses. Under the bill:
A person under 19 years of age commits a first degree misdemeanor for a first offense of digital
voyeurism.
A person 19 years of age or older commits a third degree felony for a first offense of digital
voyeurism, ranked as a Level 3 offense on the OSRC.
o As such, the bill increases the OSRC ranking from a Level 1 to a Level 3 offense.
A person, regardless of age, commits a third degree felony for a first offense of digital voyeurism
dissemination, ranked as a Level 4 offense on the OSRC.
o As such, the bill increases the OSRC ranking from a Level 1 to a Level 4 offense.
A person, regardless of age, commits a third degree felony for a first offense of commercial
digital voyeurism dissemination, ranked as a Level 5 offense on the OSRC.
o As such, the bill increases the OSRC ranking from a Level 1 to a Level 5 offense.
A person, regardless of age, commits a second degree felony for a second or subsequent
digital voyeurism offense, ranked as a Level 5 offense on the OSRC.
o As such, the bill increases the OSRC ranking from a Level 4 to a Level 5 offense.
A person commits a second degree felony for a violation of s. 810.145(8)(a), F.S.,
23
ranked as a
Level 5 offense on the OSRC.
o As such, the bill increases the OSRC ranking from a Level 4 to a Level 5 offense.
Under the bill, the penalty for a digital voyeurism offense is reclassified from a third degree felony to a
second degree felony, and from a second degree felony to a first degree felony, if the offender is 19
years of age or older and:
Is a family or household member of the victim; or
Holds a position of authority or trust with the victim.
24
The bill defines “family or household member” as spouses, former spouses, persons related by blood or
marriage, persons who are presently residing together as if a family or who have resided together in the
20
A person may also accumulate points for factors such as victim injury points, community sanction violation points, and certain
sentencing multipliers. S. 921.0024(1), F.S.
21
If a person scores more than 44 points, the lowest permissible sentence is a specified term of months in state prison, determined by
a formula. If a person scores 44 points or fewer, the court may impose a nonprison sanction, such as a county jail sentence, probation,
or community control. S. 921.0024(2), F.S.
22
S. 810.145(7), F.S.
23
Supra note 14.
24
Under the bill, for purposes of sentencing under chapter 921, F.S., and incentive gain-time eligibility under chapter 944, a reclassified
felony is ranked one level above the ranking under s. 921.0022 of the felony offense committed. STORAGE NAME: h1389b.CRJ PAGE: 5
DATE: 1/31/2024
past as if a family, and persons who are parents of a child in common regardless of whether they have
been married. With the exception of persons who have a child in common, the family or household
members must be currently residing or have in the past resided together in the same single dwelling
unit.
The bill defines a “position of authority or trust” as 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.
The bill specifies that each instance of the viewing, broadcasting, recording, disseminating, distributing,
or transferring of an image or recording made in violation of this section is a separate offense for which
a separate penalty is authorized.
The bill amends the definition of “broadcast” under s. 810.145(1)(a), F.S., to include “visual recording”
in addition to a visual image and adds “exploiting” another person to the list of prohibited purposes for
which specified conduct will constitute digital voyeurism.
The bill also makes conforming changes to other provisions of law that reference s. 810.145, F.S.
The bill provides an effective date of October 1, 2024.
B. SECTION DIRECTORY:
Section 1: Amends s. 810.145, F.S., relating to video voyeurism.
Section 2: Amends s. 921.0022, F.S., relating to Criminal Punishment Code; offense severity ranking
chart.
Section 3: Amends s. 397.417, F.S., relating to peer specialists.
Section 4: Amends s. 435.04, F.S., relating to level 2 screening standards.
Section 5: Amends s. 456.074, F.S., relating to certain health care practitioners; immediate
suspension of license.
Section 6: Amends s. 775.15, F.S., relating to time limitations; general time limitations; exceptions.
Section 7: Amends s. 943.0584, F.S., relating to criminal history records ineligible for court-ordered
expunction or court-ordered sealing.
Section 8: Amends s. 1012.315, F.S., relating to screening standards.
Section 9: Provides an effective date of October 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: STORAGE NAME: h1389b.CRJ PAGE: 6
DATE: 1/31/2024
None.
D. FISCAL COMMENTS:
The bill may have an indeterminate positive impact on the jail and prison bed population by making
digital voyeurism dissemination and commercial digital voyeurism dissemination a felony, regardless of
the offender’s age, increasing the OSRC for specified digital voyeurism offenses, and providing for
reclassification for specified digital voyeurism offenses, which may result in increased admissions to jail
and prison facilities and offenders serving longer terms of incarceration in such facilities.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 30, 2024, the Criminal Justice Subcommittee adopted a strike all amendment and reported
the bill favorably as a committee substitute. The amendment:
Changed the definition of “position of authority or trust.”
Changed a standard digital voyeurism offense by a person 19 years of age or older from a Level 4
to a Level 3 offense on the OSRC.
Made digital voyeurism dissemination a third degree felony, regardless of the offender’s age,
ranked as a Level 4 offense on the OSRC.
Made commercial digital voyeurism dissemination a third degree felony, regardless of the
offender’s age, ranked as a Level 5 offense on the OSRC.
Ranked a second or subsequent digital voyeurism offense as a Level 5 offense on the OSRC.
Ranked a violation of s. 810.145(8)(a), F.S., as a Level 5 offense.
Restored s. 810.145(8), F.S., to current law.
This analysis is drafted to the committee substitute as passed by the Criminal Justice Subcommittee.