Senate Bill 0796

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                                   SB 796

    By Senator Saunders





    25-378-00

  1                      A bill to be entitled

  2         An act relating to sentencing; amending s.

  3         921.0022, F.S., relating to the offense

  4         severity ranking chart of the Criminal

  5         Punishment Code; ranking the offense of

  6         knowingly transmitting or disseminating by

  7         computer any notice or advertisement for the

  8         purpose of facilitating, encouraging, offering,

  9         or soliciting sexual conduct of or with a

10         minor, or visually depicting such conduct;

11         providing an effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Paragraph (f) of subsection (3) of section

16  921.0022, Florida Statutes, is amended to read:

17         921.0022  Criminal Punishment Code; offense severity

18  ranking chart.--

19         (3)  OFFENSE SEVERITY RANKING CHART

20

21  Florida           Felony

22  Statute           Degree             Description

23

24

25                              (f)  LEVEL 6

26  316.027(1)(b)      2nd      Accident involving death, failure

27                              to stop; leaving scene.

28  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

29                              conviction.

30  775.0875(1)        3rd      Taking firearm from law

31                              enforcement officer.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                   SB 796
    25-378-00




  1  775.21(10)         3rd      Sexual predators; failure to

  2                              register; failure to renew

  3                              driver's license or

  4                              identification card.

  5  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

  6                              without intent to kill.

  7  784.021(1)(b)      3rd      Aggravated assault; intent to

  8                              commit felony.

  9  784.041            3rd      Felony battery.

10  784.048(3)         3rd      Aggravated stalking; credible

11                              threat.

12  784.048(5)         3rd      Aggravated stalking of person

13                              under 16.

14  784.07(2)(c)       2nd      Aggravated assault on law

15                              enforcement officer.

16  784.08(2)(b)       2nd      Aggravated assault on a person 65

17                              years of age or older.

18  784.081(2)         2nd      Aggravated assault on specified

19                              official or employee.

20  784.082(2)         2nd      Aggravated assault by detained

21                              person on visitor or other

22                              detainee.

23  784.083(2)         2nd      Aggravated assault on code

24                              inspector.

25  787.02(2)          3rd      False imprisonment; restraining

26                              with purpose other than those in

27                              s. 787.01.

28  790.115(2)(d)      2nd      Discharging firearm or weapon on

29                              school property.

30

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    Florida Senate - 2000                                   SB 796
    25-378-00




  1  790.161(2)         2nd      Make, possess, or throw

  2                              destructive device with intent to

  3                              do bodily harm or damage

  4                              property.

  5  790.164(1)         2nd      False report of deadly explosive

  6                              or act of arson or violence to

  7                              state property.

  8  790.19             2nd      Shooting or throwing deadly

  9                              missiles into dwellings, vessels,

10                              or vehicles.

11  794.011(8)(a)      3rd      Solicitation of minor to

12                              participate in sexual activity by

13                              custodial adult.

14  794.05(1)          2nd      Unlawful sexual activity with

15                              specified minor.

16  800.04(5)(d)       3rd      Lewd or lascivious molestation;

17                              victim 12 years of age or older

18                              but less than 16 years; offender

19                              less than 18 years.

20  800.04(6)(b)       2nd      Lewd or lascivious conduct;

21                              offender 18 years of age or

22                              older.

23  806.031(2)         2nd      Arson resulting in great bodily

24                              harm to firefighter or any other

25                              person.

26  810.02(3)(c)       2nd      Burglary of occupied structure;

27                              unarmed; no assault or battery.

28  812.014(2)(b)      2nd      Property stolen $20,000 or more,

29                              but less than $100,000, grand

30                              theft in 2nd degree.

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    Florida Senate - 2000                                   SB 796
    25-378-00




  1  812.13(2)(c)       2nd      Robbery, no firearm or other

  2                              weapon (strong-arm robbery).

  3  817.034(4)(a)1.    1st      Communications fraud, value

  4                              greater than $50,000.

  5  817.4821(5)        2nd      Possess cloning paraphernalia

  6                              with intent to create cloned

  7                              cellular telephones.

  8  825.102(1)         3rd      Abuse of an elderly person or

  9                              disabled adult.

10  825.102(3)(c)      3rd      Neglect of an elderly person or

11                              disabled adult.

12  825.1025(3)        3rd      Lewd or lascivious molestation of

13                              an elderly person or disabled

14                              adult.

15  825.103(2)(c)      3rd      Exploiting an elderly person or

16                              disabled adult and property is

17                              valued at less than $20,000.

18  827.03(1)          3rd      Abuse of a child.

19  827.03(3)(c)       3rd      Neglect of a child.

20  827.071(2)&(3)     2nd      Use or induce a child in a sexual

21                              performance, or promote or direct

22                              such performance.

23  836.05             2nd      Threats; extortion.

24  836.10             2nd      Written threats to kill or do

25                              bodily injury.

26  843.12             3rd      Aids or assists person to escape.

27  847.0135(2)        3rd      Use of computer to facilitate or

28                              solicit sexual conduct of or with

29                              a minor.

30

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    Florida Senate - 2000                                   SB 796
    25-378-00




  1  847.0135(3)        3rd      Solicitation of a child, via a

  2                              computer service, to commit an

  3                              unlawful sex act.

  4  914.23             2nd      Retaliation against a witness,

  5                              victim, or informant, with bodily

  6                              injury.

  7  943.0435(9)        3rd      Sex offenders; failure to comply

  8                              with reporting requirements.

  9  944.35(3)(a)2.     3rd      Committing malicious battery upon

10                              or inflicting cruel or inhuman

11                              treatment on an inmate or

12                              offender on community

13                              supervision, resulting in great

14                              bodily harm.

15  944.40             2nd      Escapes.

16  944.46             3rd      Harboring, concealing, aiding

17                              escaped prisoners.

18  944.47(1)(a)5.     2nd      Introduction of contraband

19                              (firearm, weapon, or explosive)

20                              into correctional facility.

21  951.22(1)          3rd      Intoxicating drug, firearm, or

22                              weapon introduced into county

23                              facility.

24         Section 2.  This act shall take effect July 1, 2000.

25

26            *****************************************

27                          SENATE SUMMARY

28    Ranks as a level 6 on the Criminal Punishment Code the
      offense of knowingly transmitting or disseminating by
29    computer any notice or advertisement for the purpose of
      facilitating or soliciting sexual conduct of or with a
30    minor and the offense of visually depicting such conduct.

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