Fla. Std. Jury Instr. (Crim.) 11.13(a)

§ 810.145(2)(a)(1) or (2)(a)2, Fla. Stat.

To prove the crime of Digital Voyeurism, the State must prove the following four elements beyond a reasonable doubt:

Give 1a or 1b or both as applicable.

1. (Defendant)

a. intentionally [used] [or] [installed] an imaging device to secretly [view] [broadcast] [or] [record] (victim) for [his] [her] own [amusement] [entertainment] [sexual arousal] [gratification] [profit] [or] [for the purpose of degrading, exploiting, or abusing (victim)].

a. intentionally permitted [the use] [or] [installation] of an imaging device to secretly [view] [broadcast] [or] [record] (victim) for the [amusement] [entertainment] [sexual arousal] [gratification] [or] [profit] of another or on behalf of another.

2. (Victim) was thereby [viewed] [broadcast] [or] [recorded] at a time when (victim) was [dressing] [undressing] [or] [privately exposing [his] [her] body].

3. At the place and time when (victim) was [viewed] [broadcast] [or] [recorded], [he] [she] had a reasonable expectation of privacy.

4. The [viewing] [broadcast] [or] [recording] of (victim) was without the knowledge and consent of (victim).

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

“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.

“A 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 their 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.

“Privately exposing the body” means exposing a sexual organ.

Give if applicable § 810.145(2)(c) Fla. Stat. The finding regarding the defendant’s age is also a part of § 810.145(7)(b), Fla. Stat.

If you find that (defendant) committed the crime of Digital Voyeurism, you must also determine whether the State proved beyond a reasonable doubt that (defendant) was 19 years of age or older at the time the Digital Voyeurism occurred.

Give if applicable. § 810.145(7)(b), Fla. Stat. See defendant’s age finding above.

If you find that (defendant) committed the crime of Digital Voyeurism, you must also determine whether the State proved beyond a reasonable doubt that (defendant) was a family or household member of (victim) or held a position of authority or trust with (victim) at the time of the Digital Voyeurism.

Give if applicable. § 810.145(8)(a)1., Fla. Stat.

If you find that (defendant) committed the crime of Digital Voyeurism, you must also determine whether the State proved beyond a reasonable doubt that at the time of the Digital Voyeurism:

1. (Defendant) was 18 years of age or older; and

2. (Victim) less than 16 years of age; and

3. (Defendant) was responsible for the welfare of (victim).

It is not necessary for the State to prove the defendant knew or had reason to know the age of (victim).

Give if applicable. § 810.145(8)(a)2., Fla. Stat.

If you find that (defendant) committed the crime of Digital Voyeurism, you must also determine whether the State proved beyond a reasonable doubt that at the time of the Digital Voyeurism:

1. (Defendant) was 18 years of age or older; and

2. (Defendant) was employed at a [private school] [school] [voluntary prekindergarten education program]; and

3. (Victim) was a student at that [private school] [school] [voluntary prekindergarten education program].

Give as applicable.

“Private school” is defined as (insert definition from § 1002.01, Fla. Stat).

“School” is defined as (insert definition from § 1003.01, Fla. Stat.).

“Voluntary prekindergarten education program” is defined as (insert definition from § 1002.53(3)(a), (b), or (c), Fla. Stat).

Give if applicable. § 810.145(8)(a)3., Fla. Stat.

If you find that (defendant) committed the crime of Digital Voyeurism, you must also determine whether the State proved beyond a reasonable doubt that at the time of the Digital Voyeurism:

1. (Defendant) was 24 years of age or older; and

2. (Victim) less than 16 years of age.

It is not necessary for the State to prove the defendant knew or had reason to know the age of (victim).

Lesser Included Offense

DIGITAL VOYEURISM — 810.145(2)(a)1. or (2)(a)2.

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

None

Attempt

777.04(1)

5.1