Digital Voyeurism Crimes in Florida

In 2024, the Florida legislature passed CS/CS/HB 1389, which amends Section 810.145, F.S., to rename the offense from “video voyeurism” to “digital voyeurism.” The new statutory scheme revised the penalties for digital voyeurism offenses and increased the offense on the Offense Severity Ranking Chart (OSRC), a chart in Florida’s Criminal Punishment Code.

Each instance of secretly viewing a person in violation of s. 810.145, F.S., or of broadcasting, recording, disseminating, distributing, or transferring 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 penalties are particularly harsh because digital voyeurism dissemination and commercial digital voyeurism dissemination are felony offenses, regardless of the offender’s age, the OSRC ranking for specified digital voyeurism offenses is enhanced, and the statute provides for reclassification of specified digital voyeurism offenses.

As of October 1, 2024, Section 810.145, F.S., prohibits all forms of digital voyeurism, which includes the following:

• video voyeurism
• video voyeurism dissemination; and
• commercial video voyeurism dissemination.

Attorney for Digital Voyeurism Crimes in Florida

The criminal defense attorneys at Sammis Law Firm are experienced in representing clients charged with sexually motivated crimes, stalking, and voyeurism crimes. We understand recent changes to the law and how they impact prosecutions throughout central Florida.

Our main office is conveniently located in downtown Tampa, FL. We have additional offices in Clearwater in Pinellas County, and Dade City in Pasco County.

We represent clients throughout the greater Tampa Bay area, including Hernando County, Pinellas County, Manatee County, and Sarasota County. In central Florida, we represent clients in Polk County, Orange County, and Osceola County.

Whether you are charged with video voyeurism, dissemination, or commercial dissemination, we can help.

Call 813-250-0500.

Elements of Digital Voyeurism under Section 810.145, F.S.

The crime of digital voyeurism prohibits a person from:

• intentionally using, installing, or permitting
• the use or installation of an imaging device
• to secretly view, broadcast, or record a person
• without that person’s knowledge and consent
• when that person is dressing, undressing, or privately exposing the body
• at a place and time when that person has a reasonable expectation of privacy

For digital voyeurism crimes, the term “family or household member” is defined 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 past as if a family, and persons who are parents of a child in common regardless of whether they have been married.

The term “position of authority or trust” is defined 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 definition of “broadcast” under s. 810.145(1)(a), F.S., is defined to include “visual recording” in addition to a visual image.

Penalties for Digital Voyeurism Crimes in Florida

The penalties depend, in part, on the age of the person accused of committing the crime, the number of prior convictions, and the status of the alleged victim, including:

• Anyone under 19 years of age who commits any first offense of digital voyeurism offense commits a first degree misdemeanor; 
• Anyone who is 19 years of age or older and commits any first offense of digital voyeurism offense commits a third degree felony, ranked as a Level 3 offense on the OSRC; and
• Anyone, 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;
• Anyone, regardless of age, commits a second degree felony for a digital voyeurism offense against a specified minor victim, ranked as a Level 5 offense on the OSRC.

Any accusation of digital voyeurism dissemination, regardless of age, is charged as a third degree felony for a first offense, ranked as a Level 4 offense on the OSRC

An accusation of commercial digital voyeurism dissemination, regardless of age, is charged as a third degree felony, ranked as a Level 5 offense on the OSRC.

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.

Read more about how voyeurism crimes are prosecuted in Florida.

This article was last updated on Friday, November 16, 2024.