| 1 | A bill to be entitled |
| 2 | An act relating to the distribution of material harmful to |
| 3 | minors; amending s. 847.001, F.S.; redefining the term |
| 4 | "harmful to minors"; amending s. 847.011, F.S.; providing |
| 5 | that it is a third-degree felony for any person to sell, |
| 6 | distribute, transmit, advertise, or possess with the |
| 7 | intent to sell, distribute, transmit, or advertise certain |
| 8 | materials to minors; providing that ignorance of a minor's |
| 9 | age or the minor's consent is not a defense in a |
| 10 | prosecution for such a violation; amending s. 847.012, |
| 11 | F.S.; prohibiting a person from knowingly using a minor in |
| 12 | the production of certain materials, regardless of whether |
| 13 | those materials are intended for distribution to minors or |
| 14 | actually distributed to minors; providing a penalty; |
| 15 | providing that ignorance of a minor's age or the minor's |
| 16 | consent is not a defense in a prosecution for specified |
| 17 | violations; amending s. 847.013, F.S.; providing that it |
| 18 | is a first-degree misdemeanor for any person to knowingly |
| 19 | use a minor in the production of certain materials |
| 20 | depicting certain images, representations, or acts; |
| 21 | providing that ignorance of a minor's age or the minor's |
| 22 | consent is not a defense in a prosecution for specified |
| 23 | violations; revising legislative intent concerning the |
| 24 | enforcement of such laws with respect to minors; amending |
| 25 | s. 847.0133, F.S.; providing that it is a felony of the |
| 26 | third degree for any person to knowingly give away, |
| 27 | distribute, transmit, or show any obscene material to a |
| 28 | minor, display, distribute, transmit, or show erotic |
| 29 | nudity to a minor, or distribute, display, transmit, or |
| 30 | show erotic fondling to a minor; amending s. 921.0022, |
| 31 | F.S., relating to the offense severity ranking chart of |
| 32 | the Criminal Punishment Code; establishing offense levels |
| 33 | to conform to changes made by the act; providing an |
| 34 | effective date. |
| 35 |
|
| 36 | Be It Enacted by the Legislature of the State of Florida: |
| 37 |
|
| 38 | Section 1. Subsection (6) of section 847.001, Florida |
| 39 | Statutes, is amended to read: |
| 40 | 847.001 Definitions.--As used in this chapter, the term: |
| 41 | (6) "Harmful to minors" means any reproduction, imitation, |
| 42 | characterization, description, exhibition, presentation, or |
| 43 | representation, of whatever kind or form, depicting nudity, |
| 44 | sexual conduct, or sexual excitement when it: |
| 45 | (a) Predominantly appeals to the prurient, shameful, or |
| 46 | morbid interest of minors; |
| 47 | (b) Is patently offensive to prevailing standards in the |
| 48 | adult community as a whole with respect to what is suitable |
| 49 | material or conduct for minors; and |
| 50 | (c) Taken as a whole, is without serious literary, |
| 51 | artistic, political, or scientific value for minors. |
| 52 |
|
| 53 | A mother's breastfeeding of her baby is not under any |
| 54 | circumstance "harmful to minors." |
| 55 | Section 2. Subsections (1) and (2) of section 847.011, |
| 56 | Florida Statutes, are amended to read: |
| 57 | 847.011 Prohibition of certain acts in connection with |
| 58 | obscene, lewd, etc., materials; penalty.-- |
| 59 | (1)(a) Any person who knowingly sells, lends, gives away, |
| 60 | distributes, transmits, shows, or transmutes, or offers to sell, |
| 61 | lend, give away, distribute, transmit, show, or transmute, or |
| 62 | has in his or her possession, custody, or control with intent to |
| 63 | sell, lend, give away, distribute, transmit, show, transmute, or |
| 64 | advertise in any manner, any obscene book, magazine, periodical, |
| 65 | pamphlet, newspaper, comic book, story paper, written or printed |
| 66 | story or article, writing, paper, card, picture, drawing, |
| 67 | photograph, motion picture film, figure, image, phonograph |
| 68 | record, or wire or tape or other recording, or any written, |
| 69 | printed, or recorded matter of any such character which may or |
| 70 | may not require mechanical or other means to be transmuted into |
| 71 | auditory, visual, or sensory representations of such character, |
| 72 | or any article or instrument for obscene use, or purporting to |
| 73 | be for obscene use or purpose; or who knowingly designs, copies, |
| 74 | draws, photographs, poses for, writes, prints, publishes, or in |
| 75 | any manner whatsoever manufactures or prepares any such |
| 76 | material, matter, article, or thing of any such character; or |
| 77 | who knowingly writes, prints, publishes, or utters, or causes to |
| 78 | be written, printed, published, or uttered, any advertisement or |
| 79 | notice of any kind, giving information, directly or indirectly, |
| 80 | stating, or purporting to state, where, how, of whom, or by what |
| 81 | means any, or what purports to be any, such material, matter, |
| 82 | article, or thing of any such character can be purchased, |
| 83 | obtained, or had; or who in any manner knowingly hires, employs, |
| 84 | uses, or permits any person knowingly to do or assist in doing |
| 85 | any act or thing mentioned above, commits is guilty of a |
| 86 | misdemeanor of the first degree, punishable as provided in s. |
| 87 | 775.082 or s. 775.083. A person who, after having been convicted |
| 88 | of a violation of this subsection, thereafter violates any of |
| 89 | its provisions, commits is guilty of a felony of the third |
| 90 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 91 | 775.084. |
| 92 | (b) The knowing possession by any person of three or more |
| 93 | identical or similar materials, matters, articles, or things |
| 94 | coming within the provisions of paragraph (a) is prima facie |
| 95 | evidence of the violation of the said paragraph. |
| 96 | (c) A person who commits a violation of paragraph (a) or |
| 97 | subsection (2) which is based on materials that depict a minor |
| 98 | engaged in any act or conduct that is harmful to minors commits |
| 99 | a felony of the third degree, punishable as provided in s. |
| 100 | 775.082, s. 775.083, or s. 775.084. |
| 101 | (d) A person's ignorance of a minor's age, a minor's |
| 102 | misrepresentation of his or her age, a bona fide belief of a |
| 103 | minor's age, or a minor's consent may not be raised as a defense |
| 104 | in a prosecution for one or more violations of paragraph (a) or |
| 105 | subsection (2). |
| 106 | (2) A person who knowingly has in his or her possession, |
| 107 | custody, or control any obscene book, magazine, periodical, |
| 108 | pamphlet, newspaper, comic book, story paper, written or printed |
| 109 | story or article, writing, paper, card, picture, drawing, |
| 110 | photograph, motion picture film, film, any sticker, decal, |
| 111 | emblem or other device attached to a motor vehicle containing |
| 112 | obscene descriptions, photographs, or depictions, any figure, |
| 113 | image, phonograph record, or wire or tape or other recording, or |
| 114 | any written, printed, or recorded matter of any such character |
| 115 | which may or may not require mechanical or other means to be |
| 116 | transmuted into auditory, visual, or sensory representations of |
| 117 | such character, or any article or instrument for obscene use, or |
| 118 | purporting to be for obscene use or purpose, without intent to |
| 119 | sell, lend, give away, distribute, transmit, show, transmute, or |
| 120 | advertise the same, commits is guilty of a misdemeanor of the |
| 121 | second degree, punishable as provided in s. 775.082 or s. |
| 122 | 775.083. A person who, after having been convicted of violating |
| 123 | this subsection, thereafter violates any of its provisions |
| 124 | commits is guilty of a misdemeanor of the first degree, |
| 125 | punishable as provided in s. 775.082 or s. 775.083. In any |
| 126 | prosecution for such possession, it is shall not be necessary to |
| 127 | allege or prove the absence of such intent. |
| 128 | Section 3. Section 847.012, Florida Statutes, is amended |
| 129 | to read: |
| 130 | 847.012 Prohibition of sale or other distribution of |
| 131 | harmful materials to persons under 18 years of age; penalty.-- |
| 132 | (1) As used in this section, "knowingly" means having the |
| 133 | general knowledge of, reason to know, or a belief or ground for |
| 134 | belief which warrants further inspection or inquiry of both: |
| 135 | (a) The character and content of any material described in |
| 136 | this section herein which is reasonably susceptible of |
| 137 | examination by the defendant;, and |
| 138 | (b) The age of the minor; however, an honest mistake shall |
| 139 | constitute an excuse from liability hereunder if the defendant |
| 140 | made a reasonable bona fide attempt to ascertain the true age of |
| 141 | such minor. |
| 142 | (2) A person's ignorance of a minor's age, a minor's |
| 143 | misrepresentation of his or her age, a bona fide belief of a |
| 144 | minor's age, or a minor's consent may not be raised as a defense |
| 145 | in a prosecution for a violation of this section. |
| 146 | (3)(2) A It is unlawful for any person may not knowingly |
| 147 | to sell, rent, or loan for monetary consideration to a minor: |
| 148 | (a) Any picture, photograph, drawing, sculpture, motion |
| 149 | picture film, videocassette, or similar visual representation or |
| 150 | image of a person or portion of the human body which depicts |
| 151 | nudity or sexual conduct, sexual excitement, sexual battery, |
| 152 | bestiality, or sadomasochistic abuse and which is harmful to |
| 153 | minors;, or |
| 154 | (b) Any book, pamphlet, magazine, printed matter however |
| 155 | reproduced, or sound recording that which contains any matter |
| 156 | defined in s. 847.001, explicit and detailed verbal descriptions |
| 157 | or narrative accounts of sexual excitement, or sexual conduct |
| 158 | and that which is harmful to minors. |
| 159 | (4) A person may not knowingly use a minor in the |
| 160 | production of any material described in subsection (3), |
| 161 | regardless of whether the material is intended for distribution |
| 162 | to minors or is actually distributed to minors. |
| 163 | (5)(3) Any person violating any provision of this section |
| 164 | commits is guilty of a felony of the third degree, punishable as |
| 165 | provided in s. 775.082, s. 775.083, or s. 775.084. |
| 166 | (6)(4) Every act, thing, or transaction forbidden by this |
| 167 | section constitutes a separate offense and is punishable as |
| 168 | such. |
| 169 | (7)(5)(a) The circuit court has jurisdiction to enjoin a |
| 170 | violation of this section upon complaint filed by the state |
| 171 | attorney in the name of the state upon the relation of such |
| 172 | state attorney. |
| 173 | (b) After the filing of such a complaint, the judge to |
| 174 | whom it is presented may grant an order restraining the person |
| 175 | complained of until final hearing or further order of the court. |
| 176 | Whenever the relator state attorney requests a judge of such |
| 177 | court to set a hearing upon an application for such a |
| 178 | restraining order, the such judge shall set the such hearing for |
| 179 | a time within 3 days after the making of the such request. The |
| 180 | No such order may not shall be made unless the such judge is |
| 181 | satisfied that sufficient notice of the application therefor has |
| 182 | been given to the party restrained of the time when and place |
| 183 | where the application for the such restraining order is to be |
| 184 | made. |
| 185 | (c) The person sought to be enjoined is shall be entitled |
| 186 | to a trial of the issues within 1 day after joinder of issue, |
| 187 | and a decision shall be rendered by the court within 2 days |
| 188 | after of the conclusion of the trial. |
| 189 | (d) If In the event that a final decree of injunction is |
| 190 | entered, it must shall contain a provision directing the |
| 191 | defendant having the possession, custody, or control of the |
| 192 | materials, matters, articles, or things affected by the |
| 193 | injunction to surrender the same to the sheriff and requiring |
| 194 | the sheriff to seize and destroy the same. The sheriff shall |
| 195 | file a certificate of her or his compliance. |
| 196 | (e) In any action brought as provided in this section, a |
| 197 | no bond or undertaking may not shall be required of the state or |
| 198 | the state attorney before the issuance of a restraining order |
| 199 | provided for by paragraph (b), and there shall be no liability |
| 200 | on the part of the state or the state attorney may not be held |
| 201 | liable for costs or for damages sustained by reason of the such |
| 202 | restraining order in any case where a final decree is rendered |
| 203 | in favor of the person sought to be enjoined. |
| 204 | (f) Every person who has possession, custody, or control |
| 205 | of, or otherwise deals with, any of the materials, matters, |
| 206 | articles, or things described in this section, after the service |
| 207 | upon her or him of a summons and complaint in an action for |
| 208 | injunction brought under this section, is chargeable with |
| 209 | knowledge of the contents and character thereof. |
| 210 | (8)(6) The several sheriffs and state attorneys shall |
| 211 | vigorously enforce this section within their respective |
| 212 | jurisdictions. |
| 213 | (9)(7) This section does not apply to the exhibition of |
| 214 | motion pictures, shows, presentations, or other representations |
| 215 | regulated under the provisions of s. 847.013. |
| 216 | Section 4. Section 847.013, Florida Statutes, is amended |
| 217 | to read: |
| 218 | 847.013 Exposing minors to or using minors in the |
| 219 | production of harmful motion pictures, exhibitions, shows, |
| 220 | presentations, or representations.-- |
| 221 | (1) "KNOWINGLY" DEFINED.--As used in this section |
| 222 | "knowingly" means having general knowledge of, reason to know, |
| 223 | or a belief or ground for belief which warrants further |
| 224 | inspection or inquiry of both: |
| 225 | (a) The character and content of any motion picture |
| 226 | described herein which is reasonably susceptible of examination |
| 227 | by the defendant, or the character of any exhibition, |
| 228 | presentation, representation, or show described herein, other |
| 229 | than a motion picture show, which is reasonably susceptible of |
| 230 | being ascertained by the defendant;, and |
| 231 | (b) The age of the minor; however, an honest mistake shall |
| 232 | constitute an excuse from liability hereunder if the defendant |
| 233 | made a reasonable bona fide attempt to ascertain the true age of |
| 234 | such minor. |
| 235 | (2) MINOR'S AGE.--A person's ignorance of a minor's age, a |
| 236 | minor's misrepresentation of his or her age, a bona fide belief |
| 237 | of a minor's age, or a minor's consent may not be raised as a |
| 238 | defense in a prosecution for a violation of this section. |
| 239 | (3)(2) OFFENSES AND PENALTIES.-- |
| 240 | (a) A It is unlawful for any person may not knowingly to |
| 241 | exhibit for a monetary consideration to a minor or knowingly to |
| 242 | sell or rent a videotape of a motion picture to a minor or |
| 243 | knowingly sell to a minor an admission ticket or pass or |
| 244 | knowingly admit a minor for a monetary consideration to premises |
| 245 | whereon there is exhibited a motion picture, exhibition, show, |
| 246 | representation, or other presentation which, in whole or in |
| 247 | part, depicts nudity, sexual conduct, sexual excitement, sexual |
| 248 | battery, bestiality, or sadomasochistic abuse and which is |
| 249 | harmful to minors. |
| 250 | (b) A It is unlawful for any person may not knowingly to |
| 251 | rent or sell, or loan to a minor for monetary consideration, a |
| 252 | videocassette or a videotape of a motion picture, or similar |
| 253 | presentation, which, in whole or in part, depicts nudity, sexual |
| 254 | conduct, sexual excitement, sexual battery, bestiality, or |
| 255 | sadomasochistic abuse and which is harmful to minors. |
| 256 | (c) The provisions of paragraph (a) do not apply to a |
| 257 | minor when the minor is accompanied by his or her parents or |
| 258 | either of them. |
| 259 | (d) A It is unlawful for any minor may not to falsely |
| 260 | represent to the owner of any premises mentioned in paragraph |
| 261 | (a), or to the owner's agent, or to any person mentioned in |
| 262 | paragraph (b), that the such minor is 17 years of age or older, |
| 263 | with the intent to procure the such minor's admission to such |
| 264 | premises, or the such minor's purchase or rental of a videotape, |
| 265 | for a monetary consideration. |
| 266 | (e) A It is unlawful for any person may not to knowingly |
| 267 | make a false representation to the owner of any premises |
| 268 | mentioned in paragraph (a), or to the owner's agent, or to any |
| 269 | person mentioned in paragraph (b), that he or she is the parent |
| 270 | of any minor or that any minor is 17 years of age or older, with |
| 271 | intent to procure the such minor's admission to the such |
| 272 | premises or to aid the such minor in procuring admission |
| 273 | thereto, or to aid or enable the such minor's purchase or rental |
| 274 | of a videotape, for a monetary consideration. |
| 275 | (f) A person may not knowingly use a minor in the |
| 276 | production of any motion picture, exhibition, show, |
| 277 | representation, or other presentation that, in whole or in part, |
| 278 | depicts nudity, sexual conduct, sexual excitement, sexual |
| 279 | battery, bestiality, or sadomasochistic abuse and that is |
| 280 | harmful to minors. |
| 281 | (g)(f) A violation of any provision of this subsection |
| 282 | constitutes a misdemeanor of the first degree, punishable as |
| 283 | provided in s. 775.082 or s. 775.083. |
| 284 | (4)(3) INJUNCTIVE PROCEEDINGS.-- |
| 285 | (a) The circuit court has jurisdiction to enjoin a |
| 286 | threatened violation of subsection (2) upon complaint filed by |
| 287 | the state attorney in the name of the state upon the relation of |
| 288 | such state attorney. |
| 289 | (b) After the filing of such a complaint, the judge to |
| 290 | whom it is presented may grant an order restraining the person |
| 291 | or persons complained of until final hearing or further order of |
| 292 | the court. Whenever the relator requests a judge of the such |
| 293 | court to set a hearing upon an application for such a |
| 294 | restraining order, the such judge shall set the such hearing for |
| 295 | a time within 3 days after the making of the such request. An No |
| 296 | such order may not shall be made unless the such judge is |
| 297 | satisfied that sufficient notice of the application therefor has |
| 298 | been given to the person or persons restrained of the time when |
| 299 | and place where the application for the such restraining order |
| 300 | is to be heard. However, the such notice shall be dispensed with |
| 301 | when it is manifest to the such judge, from the allegations of a |
| 302 | sworn complaint or independent affidavit, sworn to by the |
| 303 | relator or by some person associated with him or her in the |
| 304 | field of law enforcement and filed by the relator, that the |
| 305 | apprehended violation will be committed if an immediate remedy |
| 306 | is not afforded. |
| 307 | (c) The person or persons sought to be enjoined are shall |
| 308 | be entitled to a trial of the issues within 1 day after joinder |
| 309 | of issue, and a decision shall be rendered by the court within 2 |
| 310 | days after the conclusion of the trial. |
| 311 | (d) In any action brought as provided in this section, a |
| 312 | no bond or undertaking is not shall be required of the state or |
| 313 | the relator state attorney before the issuance of a restraining |
| 314 | order provided for by this section, and there is shall be no |
| 315 | liability on the part of the state or the relator state attorney |
| 316 | for costs or damages sustained by reason of such restraining |
| 317 | order in any case in which a final decree is rendered in favor |
| 318 | of the person or persons sought to be enjoined. |
| 319 | (e) Every person who has possession, custody, or control |
| 320 | of, or otherwise deals with, any motion picture, exhibition, |
| 321 | show, representation, or presentation described in this section, |
| 322 | after the service upon him or her of a summons and complaint in |
| 323 | an action for injunction brought under this section, is |
| 324 | chargeable with knowledge of the contents or character thereof. |
| 325 | (5)(4) LEGISLATIVE INTENT.--In order to make the |
| 326 | application and enforcement of this section uniform throughout |
| 327 | the state, it is the intent of the Legislature to preempt the |
| 328 | field, to the exclusion of counties and municipalities, insofar |
| 329 | as it concerns exposing persons under 17 years of age to harmful |
| 330 | motion pictures, exhibitions, shows, representations, and |
| 331 | presentations, and commercial or sexual exploitation. To that |
| 332 | end, it is hereby declared that every county ordinance and every |
| 333 | municipal ordinance adopted prior to July 1, 1969, and relating |
| 334 | to such subject shall stand abrogated and unenforceable on and |
| 335 | after such date and that no county, municipality, or |
| 336 | consolidated county-municipal government shall have the power to |
| 337 | adopt any ordinance relating to that subject on or after such |
| 338 | effective date. |
| 339 | Section 5. Section 847.0133, Florida Statutes, is amended |
| 340 | to read: |
| 341 | 847.0133 Protection of minors; prohibition of certain acts |
| 342 | in connection with obscenity; prohibition of displaying erotic |
| 343 | nudity or erotic fondling to minors; penalty.-- |
| 344 | (1) A It is unlawful for any person may not knowingly to |
| 345 | sell, rent, loan, give away, distribute, transmit, or show any |
| 346 | obscene material to a minor. For purposes of this section |
| 347 | "obscene material" means any obscene book, magazine, periodical, |
| 348 | pamphlet, newspaper, comic book, story paper, written or printed |
| 349 | story or article, writing paper, card, picture, drawing, |
| 350 | photograph, motion picture film, figure, image, videotape, |
| 351 | videocassette, phonograph record, or wire or tape or other |
| 352 | recording, or any written, printed, or recorded matter of any |
| 353 | such character which may or may not require mechanical or other |
| 354 | means to be transmuted into auditory, visual, or sensory |
| 355 | representations of such character, or any article or instrument |
| 356 | for obscene use, or purporting to be for obscene use or purpose. |
| 357 | The term "obscene" has shall have the same meaning as set forth |
| 358 | in s. 847.001. |
| 359 | (2)(a) A person may not knowingly sell, rent, loan, give |
| 360 | away, distribute, transmit, or show any material displaying |
| 361 | erotic nudity to a minor. As used in this subsection, the term |
| 362 | "erotic nudity" means the display of the genitals, pubic area, |
| 363 | or breasts of a person, or the undeveloped or developing |
| 364 | genitals, breasts, or public area of a minor for the purpose of |
| 365 | real or simulated overt sexual gratification or stimulation of a |
| 366 | minor. Displaying erotic nudity means its inclusion in any book, |
| 367 | magazine, periodical, pamphlet, newspaper, comic book, story |
| 368 | paper, written or printed story or article, writing paper, card, |
| 369 | picture, drawing, photograph, motion picture film, figure, |
| 370 | image, videotape, videocassette, phonograph record, wire, tape, |
| 371 | or other recording, or any written, printed, or recorded matter |
| 372 | of any such character which may or may not require mechanical or |
| 373 | other means to be transmuted into auditory, visual, or sensory |
| 374 | representations of erotic nudity. |
| 375 | (b) A person may not knowingly sell, rent, loan, give |
| 376 | away, distribute, transmit, or show any material displaying |
| 377 | erotic fondling to a minor. As used in this subsection, the term |
| 378 | "erotic fondling" means touching the clothed or unclothed |
| 379 | genitals, pubic area, buttocks, or breasts of a person, or the |
| 380 | developing or undeveloped genitals, pubic area, or breasts of a |
| 381 | minor for the purpose of real or simulated overt sexual |
| 382 | gratification or stimulation of a minor. The term does not |
| 383 | include physical contact that is not for the purpose of real or |
| 384 | simulated overt sexual gratification or stimulation of a minor. |
| 385 | Displaying erotic fondling means its inclusion in any book, |
| 386 | magazine, periodical, pamphlet, newspaper, comic book, story |
| 387 | paper, written or printed story or article, writing paper, card, |
| 388 | picture, drawing, photograph, motion picture film, figure, |
| 389 | image, videotape, videocassette, phonograph record, wire, tape, |
| 390 | or other recording, or any written, printed, or recorded matter |
| 391 | of any such character which may or may not require mechanical or |
| 392 | other means to be transmuted into auditory, visual, or sensory |
| 393 | representations of erotic fondling. |
| 394 | (3)(2) As used in this section "knowingly" has the same |
| 395 | meaning set forth in s. 847.012(1). A "minor" is any person |
| 396 | under the age of 18 years. |
| 397 | (4)(3) A person who violates subsection (1) or subsection |
| 398 | (2) commits violation of the provisions of this section |
| 399 | constitutes a felony of the third degree, punishable as provided |
| 400 | in s. 775.082 or s. 775.083. |
| 401 | Section 6. Paragraph (f) of subsection (3) of section |
| 402 | 921.0022, Florida Statutes, is amended to read: |
| 403 | 921.0022 Criminal Punishment Code; offense severity |
| 404 | ranking chart.-- |
| 405 | (3) OFFENSE SEVERITY RANKING CHART |
| 406 | (f) LEVEL 6 |
| 407 |
|
| | | FloridaStatute | FelonyDegree | Description |
|
| 408 |
|
| | | 316.193(2)(b) | 3rd | Felony DUI, 4th or subsequent conviction. |
|
| 409 |
|
| | | 499.0051(3) | 2nd | Forgery of pedigree papers. |
|
| 410 |
|
| | | 499.0051(4) | 2nd | Purchase or receipt of legend drug from unauthorized person. |
|
| 411 |
|
| | | 499.0051(5) | 2nd | Sale of legend drug to unauthorized person. |
|
| 412 |
|
| | | 775.0875(1) | 3rd | Taking firearm from law enforcement officer. |
|
| 413 |
|
| | | 784.021(1)(a) | 3rd | Aggravated assault; deadly weapon without intent to kill. |
|
| 414 |
|
| | | 784.021(1)(b) | 3rd | Aggravated assault; intent to commit felony. |
|
| 415 |
|
| | | 784.041 | 3rd | Felony battery; domestic battery by strangulation. |
|
| 416 |
|
| | | 784.048(3) | 3rd | Aggravated stalking; credible threat. |
|
| 417 |
|
| | | 784.048(5) | 3rd | Aggravated stalking of person under 16. |
|
| 418 |
|
| | | 784.07(2)(c) | 2nd | Aggravated assault on law enforcement officer. |
|
| 419 |
|
| | | 784.074(1)(b) | 2nd | Aggravated assault on sexually violent predators facility staff. |
|
| 420 |
|
| | | 784.08(2)(b) | 2nd | Aggravated assault on a person 65 years of age or older. |
|
| 421 |
|
| | | 784.081(2) | 2nd | Aggravated assault on specified official or employee. |
|
| 422 |
|
| | | 784.082(2) | 2nd | Aggravated assault by detained person on visitor or other detainee. |
|
| 423 |
|
| | | 784.083(2) | 2nd | Aggravated assault on code inspector. |
|
| 424 |
|
| | | 787.02(2) | 3rd | False imprisonment; restraining with purpose other than those in s. 787.01. |
|
| 425 |
|
| | | 790.115(2)(d) | 2nd | Discharging firearm or weapon on school property. |
|
| 426 |
|
| | | 790.161(2) | 2nd | Make, possess, or throw destructive device with intent to do bodily harm or damage property. |
|
| 427 |
|
| | | 790.164(1) | 2nd | False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. |
|
| 428 |
|
| | | 790.19 | 2nd | Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. |
|
| 429 |
|
| | | 794.011(8)(a) | 3rd | Solicitation of minor to participate in sexual activity by custodial adult. |
|
| 430 |
|
| | | 794.05(1) | 2nd | Unlawful sexual activity with specified minor. |
|
| 431 |
|
| | | 800.04(5)(d) | 3rd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years. |
|
| 432 |
|
| | | 800.04(6)(b) | 2nd | Lewd or lascivious conduct; offender 18 years of age or older. |
|
| 433 |
|
| | | 806.031(2) | 2nd | Arson resulting in great bodily harm to firefighter or any other person. |
|
| 434 |
|
| | | 810.02(3)(c) | 2nd | Burglary of occupied structure; unarmed; no assault or battery. |
|
| 435 |
|
| | | 812.014(2)(b)1. | 2nd | Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. |
|
| 436 |
|
| | | 812.014(6) | 2nd | Theft; property stolen $3,000 or more; coordination of others. |
|
| 437 |
|
| | | 812.015(9)(a) | 2nd | Retail theft; property stolen $300 or more; second or subsequent conviction. |
|
| 438 |
|
| | | 812.015(9)(b) | 2nd | Retail theft; property stolen $3,000 or more; coordination of others. |
|
| 439 |
|
| | | 812.13(2)(c) | 2nd | Robbery, no firearm or other weapon (strong-arm robbery). |
|
| 440 |
|
| | | 817.034(4)(a)1. | 1st | Communications fraud, value greater than $50,000. |
|
| 441 |
|
| | | 817.4821(5) | 2nd | Possess cloning paraphernalia with intent to create cloned cellular telephones. |
|
| 442 |
|
| | | 825.102(1) | 3rd | Abuse of an elderly person or disabled adult. |
|
| 443 |
|
| | | 825.102(3)(c) | 3rd | Neglect of an elderly person or disabled adult. |
|
| 444 |
|
| | | 825.1025(3) | 3rd | Lewd or lascivious molestation of an elderly person or disabled adult. |
|
| 445 |
|
| | | 825.103(2)(c) | 3rd | Exploiting an elderly person or disabled adult and property is valued at less than $20,000. |
|
| 446 |
|
| | | 827.03(1) | 3rd | Abuse of a child. |
|
| 447 |
|
| | | 827.03(3)(c) | 3rd | Neglect of a child. |
|
| 448 |
|
| | | 827.071(2)&(3) | 2nd | Use or induce a child in a sexual performance, or promote or direct such performance. |
|
| 449 |
|
| | | 836.05 | 2nd | Threats; extortion. |
|
| 450 |
|
| | | 836.10 | 2nd | Written threats to kill or do bodily injury. |
|
| 451 |
|
| | | 843.12 | 3rd | Aids or assists person to escape. |
|
| 452 |
|
| | | 847.011 | 3rd | Distributing, offering to distribute, or possessing with intent to distribute obscene materials to minors or depicting minors. |
|
| 453 |
|
| | | 847.012 | 3rd | Knowingly using a minor in the production of obscene or sexually explicit materials. |
|
| 454 |
|
| | | 847.0135(2) | 3rd | Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. |
|
| 455 |
|
| | | 914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
|
| 456 |
|
| | | 944.35(3)(a)2. | 3rd | Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. |
|
| 457 |
|
| | |
| 458 |
|
| | | 944.46 | 3rd | Harboring, concealing, aiding escaped prisoners. |
|
| 459 |
|
| | | 944.47(1)(a)5. | 2nd | Introduction of contraband (firearm, weapon, or explosive) into correctional facility. |
|
| 460 |
|
| | | 951.22(1) | 3rd | Intoxicating drug, firearm, or weapon introduced into county facility. |
|
| 461 |
|
| 462 | Section 7. This act shall take effect July 1, 2008. |