11.13(d) DIGITAL VOYEURISM DISSEMINATION IMAGE OR VIDEO CREATED IN VIOLATION OF SECTION 810.145(2)(a)3.

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

1. (Defendant) [or some other person] intentionally used an imaging device to secretly [view] [broadcast] [or] [record] [under] [or] [through] the clothing worn by (victim) for the [amusement] [entertainment] [sexual arousal] [gratification] [or] [profit] of [himself] [herself] [or] [another].

2. (Defendant’s) [or some other person’s] use of the imaging device was for the purpose of viewing [the body of] [or] [the undergarments worn by] (victim).

3. (Defendant’s) [or some other person’s] use of the imaging device was without the knowledge and consent of (victim).

4. (Defendant) intentionally [disseminated] [distributed] [or] [transferred] an image 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, exploiting, or abusing (victim)].

5. At the time (defendant) [disseminated] [distributed] [or] [transferred] the image of (victim), (defendant) knew or had reason to believe that the image 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 Dissemination 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 Dissemination.

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 Dissemination:

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.