police recording undercover hidden
Can the police video-record sexual acts of underage children during an investigation?
<p>I have <a href="https://www.cnbc.com/2019/02/22/new-england-patriots-owner-robert-kraft-charged-with-soliciting-prostitution.html" rel="nofollow noreferrer">read today</a> that "New England Patriots owner Robert Kraft charged with soliciting prostitution in human trafficking probe". In the article itself, they state the that:</p>

<blockquote>
  <p>"Robert Kraft, is being criminally charged with soliciting
  prostitution at a spa in Florida, <strong>where surveillance video showed him</strong>
  <strong>receiving sexual services</strong>, police said Friday"</p>
</blockquote>

<p>Also, police says that 25 other people are being charged 'with soliciting prostitution', and that 5 Massage Parlors are being shut-down due to the investigation. </p>

<p>So I can only assume that those Massage Parlors did not check people's IDs for age etc. So theoretically an underage child could have went there to get the "same services". The police seems to have planted hidden video cameras and were recording all these clients getting sexual treatments (assuming sex and handjobs). </p>

<p>So now comes the legal question: </p>

<ol>
<li>Can the police video record you naked or having sex? </li>
<li>Can the police video record underage children naked or having sex?</li>
<li>If the police record you, and the video clip gets hacked or leaked, what is the police's legal responsibility? Wouldn't it be distribution of pedophilia materials which is illegal?</li>
</ol>

<p>Ordinarily, it would be illegal to secretly videotape a person at a massage parlor under <a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&amp;URL=0800-0899/0810/Sections/0810.145.html" rel="nofollow noreferrer">Florida law</a>, where you have a reasonable expectation of privacy. However law also specifically exempts "Law enforcement agency conducting surveillance for a law enforcement purpose" as well as a "Security system when a written notice is conspicuously posted on the premises stating that a video surveillance system has been installed for the purpose of security for the premises [or] (c) Video surveillance device that is installed in such a manner that the presence of the device is clearly and immediately obvious". Audio recording, on the other hand, is prohibited unless there is a warrant (Florida is an all-party consent state). The circumstances surrounding the collection of the video evidence is not presently obvious.</p>

<blockquote>
  <p>1 Can the police video record you naked or having sex?</p>
</blockquote>

<p>Yes</p>

<blockquote>
  <p>2 Can the police video record underage children naked or having sex?</p>
</blockquote>

<p>Yes</p>

<blockquote>
  <p>3  If the police record you, and the video clip gets hacked or leaked, what is the police's legal responsibility? </p>
</blockquote>

<p>If they were negligent in the way they kept the video then they could be civilly sued for damages.</p>

<blockquote>
  <p>Wouldn't it be distribution of pedophilia materials which is illegal?</p>
</blockquote>

<p>Yes, but by the hacker, not the police. Since the clip is evidence in an investigation it falls into one of the exemptions about possessing child pornography.</p>
