11.13(e) COMMERCIAL DIGITAL VOYEURISM IMAGE OR RECORDING CREATED IN VIOLATION OF § 810.145(2)(a)1 OR (2)(a)2.
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 11.13(e)
- Statute
- § 810.145(4)(a), Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Commercial Digital Voyeurism, the State must prove the following six elements beyond a reasonable doubt:
Give 1a or1b or both as applicable.
1. (Defendant) [or some other person]
a. intentionally [used] [or] [installed] an imaging device to secretly [view] [broadcast] [or] [record] (victim) for [his] [her] own [amusement] [entertainment] [sexual arousal] [gratification] [or] [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 the (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).
5. (Defendant) sold an image or recording of (victim) created in this manner to another person for consideration.
6. (Defendant) knew or had reason to believe that the image or recording of (victim) sold had been created in this manner.
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
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 Commercial 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 Commercial 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 Commercial 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 Commercial Digital Voyeurism.
Give if applicable. § 810.145(8)(a)1., Fla. Stat.
If you find that (defendant) committed the crime of Commercial Digital Voyeurism, you must also determine whether the State proved beyond a reasonable doubt that at the time of the Commercial 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).
Give if applicable. § 810.145(8)(a)2., Fla. Stat.
If you find that (defendant) committed the crime of Commercial Digital Voyeurism, you must also determine whether the State proved beyond a reasonable doubt that at the time of the Commercial 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 if applicable. § 810.145(8)(a)3., Fla. Stat.
If you find that (defendant) committed the crime of Commercial Digital Voyeurism, you must also determine whether the State proved beyond a reasonable doubt that at the time of the Commercial Digital Voyeurism:
1. (Defendant) was 24 years of age or older; and
2. (Victim) less than 16 years of age.
Lesser-included offenses
As the instruction lists them, word for word.
COMMERCIAL DIGITAL VOYEURISM — 810.145(4)(a)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Attempt | 777.04(1) | 5.1 |
Related practice page
Voyeurism and Digital Voyeurism Defense in Miami
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.