11.13(c) DIGITAL VOYEURISM DISSEMINATION IMAGE OR VIDEO CREATED IN VIOLATION OF SECTION 810.145(2)(a)1. OR (2)(a)2.

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

Give 1a or 1b 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)].

(b) 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).

5. (Defendant) intentionally [disseminated] [distributed] [or] [transferred] an image or recording of (victim) created in this manner to another person for the purpose of [amusement] [entertainment] [sexual arousal] [gratification of any person] [or] [profit] [or for the purpose of degrading or abusing (victim)].

6. At the time (defendant) [disseminated] [distributed] [or] [transferred] the image or recording of (victim), (defendant) knew or had reason to believe that the image or recording of (victim) had been created in this manner.

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 Dissemination, 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 Dissemination, 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 Dissemination, 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).

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

If you find that (defendant) committed the crime of Digital Voyeurism Dissemination, 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 if applicable. § 810.145(8)(a)3., Fla. Stat.

If you find that (defendant) committed the crime of Digital Voyeurism Dissemination, 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.