Florida criminal charge
Digital voyeurism in Florida
Digital voyeurism is a criminal offense under Florida law, defined by Fla. Stat. § 810.145. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 810.145.
What is the penalty for digital voyeurism in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Digital voyeurism — offender under 19 — A person under 19 years of age who violates subsection (2)'s digital voyeurism prohibitions commits a misdemeanor of the first degree.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Digital voyeurism — offender under 19 — A person under 19 years of age who violates subsection (2)'s digital voyeurism prohibitions commits a misdemeanor of the first degree.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Digital voyeurism — offender 19 or older — A person 19 years of age or older who violates subsection (2)'s digital voyeurism prohibitions commits a felony of the third degree.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Digital voyeurism — offender 19 or older — A person 19 years of age or older who violates subsection (2)'s digital voyeurism prohibitions commits a felony of the third degree.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Digital voyeurism dissemination — A person who intentionally disseminates, distributes, or transfers an image or recording created in violation of subsection (2) commits a felony of the third degree.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Digital voyeurism dissemination — A person who intentionally disseminates, distributes, or transfers an image or recording created in violation of subsection (2) commits a felony of the third degree.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Commercial digital voyeurism dissemination — A person who sells, or disseminates for sale, an image or recording created in violation of subsection (2) commits a felony of the third degree.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Commercial digital voyeurism dissemination — A person who sells, or disseminates for sale, an image or recording created in violation of subsection (2) commits a felony of the third degree.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Repeat offense under this section — A person who violates this section and has a prior conviction or adjudication of delinquency for any violation of this section commits a felony of the second degree.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Repeat offense under this section — A person who violates this section and has a prior conviction or adjudication of delinquency for any violation of this section commits a felony of the second degree.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Offense against child by person responsible for welfare, school employee, or person 24+ against child under 16 — A person meeting specified age/relationship criteria (responsible for the child's welfare, employed at the child's school, or 24 or older) who commits an offense under this section against a child under 16 commits a felony of the second degree.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Offense against child by person responsible for welfare, school employee, or person 24+ against child under 16 — A person meeting specified age/relationship criteria (responsible for the child's welfare, employed at the child's school, or 24 or older) who commits an offense under this section against a child under 16 commits a felony of the second degree.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Repeat offense under subsection (8) — A person who violates subsection (8) and has previously been convicted of or adjudicated delinquent for any violation of this section commits a felony of the second degree.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Repeat offense under subsection (8) — A person who violates subsection (8) and has previously been convicted of or adjudicated delinquent for any violation of this section commits a felony of the second degree.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is digital voyeurism classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Digital voyeurism — offender under 19 | Misdemeanor of the First Degree | A person under 19 years of age who violates subsection (2)'s digital voyeurism prohibitions commits a misdemeanor of the first degree. | Fla. Stat. § 810.145(2)(b) |
| Digital voyeurism — offender 19 or older | Felony of the Third Degree | A person 19 years of age or older who violates subsection (2)'s digital voyeurism prohibitions commits a felony of the third degree. | Fla. Stat. § 810.145(2)(c) |
| Digital voyeurism dissemination | Felony of the Third Degree | A person who intentionally disseminates, distributes, or transfers an image or recording created in violation of subsection (2) commits a felony of the third degree. | Fla. Stat. § 810.145(3)(b) |
| Commercial digital voyeurism dissemination | Felony of the Third Degree | A person who sells, or disseminates for sale, an image or recording created in violation of subsection (2) commits a felony of the third degree. | Fla. Stat. § 810.145(4) |
| Repeat offense under this section | Felony of the Second Degree | A person who violates this section and has a prior conviction or adjudication of delinquency for any violation of this section commits a felony of the second degree. | Fla. Stat. § 810.145(7)(a) |
| Offense against child by person responsible for welfare, school employee, or person 24+ against child under 16 | Felony of the Second Degree | A person meeting specified age/relationship criteria (responsible for the child's welfare, employed at the child's school, or 24 or older) who commits an offense under this section against a child under 16 commits a felony of the second degree. | Fla. Stat. § 810.145(8)(a) |
| Repeat offense under subsection (8) | Felony of the Second Degree | A person who violates subsection (8) and has previously been convicted of or adjudicated delinquent for any violation of this section commits a felony of the second degree. | Fla. Stat. § 810.145(8)(b) |
Common questions about digital voyeurism in Florida
Is digital voyeurism a felony or a misdemeanor in Florida?
It depends on the circumstances: digital voyeurism ranges from a Misdemeanor of the First Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 810.145.
Digital voyeurism — offender under 19: Misdemeanor of the First Degree (Fla. Stat. § 810.145(2)(b)) · Digital voyeurism — offender 19 or older: Felony of the Third Degree (Fla. Stat. § 810.145(2)(c)) · Digital voyeurism dissemination: Felony of the Third Degree (Fla. Stat. § 810.145(3)(b)) · Commercial digital voyeurism dissemination: Felony of the Third Degree (Fla. Stat. § 810.145(4)) · Repeat offense under this section: Felony of the Second Degree (Fla. Stat. § 810.145(7)(a)) · Offense against child by person responsible for welfare, school employee, or person 24+ against child under 16: Felony of the Second Degree (Fla. Stat. § 810.145(8)(a)) · Repeat offense under subsection (8): Felony of the Second Degree (Fla. Stat. § 810.145(8)(b))
What are the penalties for digital voyeurism in Florida?
Penalties for digital voyeurism in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Second Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers digital voyeurism?
Digital voyeurism is governed by Fla. Stat. § 810.145 (Digital voyeurism).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.