11.13(g) COMMERCIAL DIGITAL VOYEURISM IMAGE OR RECORDING CREATED IN VIOLATION OF § 810.145(2)(a)1 OR (2)(a)2.

To prove the crime of Commercial Digital Voyeurism, the State must prove the following five 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] [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 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) [disseminated] [distributed] [or] [transferred] an image or recording of (victim) created in this manner to another person for that person to sell to others.

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.