Florida Senate - 2013                              CS for SB 946
       By the Committee on Criminal Justice; and Senator Simmons
       591-02620-13                                           2013946c1
    1                        A bill to be entitled                      
    2         An act relating to computer or electronic device
    3         harassment; creating s. 847.0042, F.S.; prohibiting
    4         knowing use of a computer or other device to transmit
    5         or post any photograph or video of an individual which
    6         depicts nudity and specified information relating to
    7         the depicted individual for the purpose of harassment;
    8         providing criminal penalties; providing enhanced
    9         penalties for violations by persons 18 years of age or
   10         older involving victims younger than 16 years of age;
   11         providing for jurisdiction; amending s. 921.244, F.S.;
   12         providing that a person convicted of a violation of s.
   13         847.0042, F.S., be ordered to have no contact with the
   14         victim; providing criminal penalties for violation of
   15         such an order; providing an effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Section 847.0042, Florida Statutes, is created
   20  to read:
   21         847.0042 Nude depictions with personal identifying
   22  information.—
   23         (1) A person may not knowingly transmit or post to a social
   24  networking service or any other website, or knowingly cause to
   25  be transmitted or posted to a social networking service or any
   26  other website, in one or more transmissions or posts:
   27         (a) A photograph or video which depicts nudity of another
   28  person, and
   29         (b) Descriptive information in any form that conveys the
   30  personal identification information, as defined in s. 817.568,
   31  of the person whose nudity is depicted in the photograph or
   32  video;
   33         (c) That results in the personal identification information
   34  being displayed together with, or being otherwise identifiable
   35  as connected with, the photograph or video;
   37  for the purpose of harassing the depicted person or causing
   38  others to harass the depicted person. “Harass” means to engage
   39  in conduct directed at a specific person that is intended to
   40  cause substantial emotional distress to such person and serves
   41  no legitimate purpose.
   42         (2)(a) Except as provided in paragraph (b), a person who
   43  violates this section commits a felony of the third degree,
   44  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   45         (b) A person who is 18 years of age or older at the time of
   46  violating this section commits a felony of the second degree,
   47  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   48  if the violation involves a photograph or video of a person who
   49  was younger than 16 years of age at the time the photograph or
   50  video was made.
   51         (3) An offense is committed within this state if any
   52  conduct that is an element of the offense or any harm to the
   53  depicted person resulting from the offense occurs within this
   54  state.
   55         Section 2. Section 921.244, Florida Statutes, is amended to
   56  read:
   57         921.244 Order of no contact; penalties.—
   58         (1) At the time of sentencing an offender convicted of a
   59  violation of s. 794.011, s. 800.04, s. 847.0042, s. 847.0135(5),
   60  or any offense in s. 775.084(1)(b)1.a.-o., the court shall order
   61  that the offender be prohibited from having any contact with the
   62  victim, directly or indirectly, including through a third
   63  person, for the duration of the sentence imposed. The court may
   64  reconsider the order upon the request of the victim if the
   65  request is made at any time after the victim has attained 18
   66  years of age. In considering the request, the court shall
   67  conduct an evidentiary hearing to determine whether a change of
   68  circumstances has occurred which warrants a change in the court
   69  order prohibiting contact and whether it is in the best interest
   70  of the victim that the court order be modified or rescinded.
   71         (2) Any offender who violates a court order issued under
   72  this section commits a felony of the third degree, punishable as
   73  provided in s. 775.082, s. 775.083, or s. 775.084.
   74         (3) The punishment imposed under this section shall run
   75  consecutive to any former sentence imposed for a conviction for
   76  any offense under s. 794.011, s. 800.04, s. 847.0135(5), or any
   77  offense in s. 775.084(1)(b)1.a.-o.
   78         Section 3. This act shall take effect October 1, 2013.