11.13(f) COMMERCIAL DIGITAL VOYEURISM IMAGE OR RECORDING CREATED IN VIOLATION OF SECTION 810.145(2)(a)3.

To prove the crime of Commercial Digital Voyeurism, 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) sold an image or recording of (victim) created in this manner to another person for consideration.

5. (Defendant) knew or had reason to believe that the image or recording of (victim) sold 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 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.