Kayla Renee Dubois, 24, and Christopher Wimmer, 33, have the dubious distinction of creating a new category of crimes for illicit selfies.  The two Florida paramedics allegedly competed in a “selfie war” in vying to take the most graphic pictures with incapacitated patients.  They are charged with multiple counts of interception and disclosure of oral communications.

Wimmer faces seven such charges as well as a misdemeanor battery charge for holding up the eyelid of a sedate patient.  Dubois faces two charges.   In all, 41 patients were allegedly victimized, though three appeared to consent and their inclusion in the group raises difficult issues.  Indeed, it is not clear why the prosecutors wanted to include any cases with alleged consent when they have alleged so many unconsented to examples.

After the two were fingered by colleagues, Dubois was fired and Wimmer then resigned.

The statute’s use of “oral communication” could create an odd fit for a jury. Here is the code provision:

934.03 Interception and disclosure of wire, oral, or electronic communications prohibited.—

(1) Except as otherwise specifically provided in this chapter, any person who:

(a) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, oral, or electronic communication;

(b) Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when:

1. Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or

2. Such device transmits communications by radio or interferes with the transmission of such communication;

(c) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;

(d) Intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; or

(e) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication intercepted by means authorized by subparagraph (2)(a)2., paragraph (2)(b), paragraph (2)(c), s. 934.07, or s. 934.09 when that person knows or has reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation, has obtained or received the information in connection with a criminal investigation, and intends to improperly obstruct, impede, or interfere with a duly authorized criminal investigation;