| 1 | Representative Kiar offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 465 and 466, insert: |
| 5 | Section 6. Paragraph (a) of subsection (5) and subsection |
| 6 | (7) of section 847.0135, Florida Statutes, are amended to read: |
| 7 | 847.0135 Computer pornography; traveling to meet minor; |
| 8 | penalties.-- |
| 9 | (5) CERTAIN COMPUTER TRANSMISSIONS PROHIBITED.-- |
| 10 | (a) A person who: |
| 11 | 1. Intentionally masturbates; |
| 12 | 2. Intentionally exposes the genitals in a lewd or |
| 13 | lascivious manner; or |
| 14 | 3. Intentionally commits any other sexual act that does |
| 15 | not involve actual physical or sexual contact with the victim, |
| 16 | including, but not limited to, sadomasochistic abuse, sexual |
| 17 | bestiality, or the simulation of any act involving sexual |
| 18 | activity |
| 19 |
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| 20 | live over a computer online service, Internet service, or local |
| 21 | bulletin board service and who knows or should know or has |
| 22 | reason to believe that the transmission is viewed on a computer |
| 23 | or television monitor by a victim in this state who is less than |
| 24 | 16 years of age, commits lewd or lascivious exhibition in |
| 25 | violation of this subsection. The fact that an undercover |
| 26 | operative or law enforcement officer was involved in the |
| 27 | detection and investigation of an offense under this subsection |
| 28 | shall not constitute a defense to a prosecution under this |
| 29 | subsection. |
| 30 | (7) STATE CRIMINAL JURISDICTION.--A person is subject to |
| 31 | prosecution in this state pursuant to chapter 910 for any |
| 32 | conduct proscribed by this section which the person engages in, |
| 33 | while either within or outside this state, if by such conduct |
| 34 | the person commits a violation of this section involving a child |
| 35 | residing in this state, a child's guardian, or another person |
| 36 | believed by the person to be a child or a child's guardian |
| 37 | residing in this state. |
| 38 | Section 7. Subsections (2) and (3) of section 847.0138, |
| 39 | Florida Statutes, are amended to read: |
| 40 | 847.0138 Transmission of material harmful to minors to a |
| 41 | minor by electronic device or equipment prohibited; penalties.-- |
| 42 | (2) Notwithstanding ss. 847.012 and 847.0133, any person |
| 43 | in this state who knew or believed that he or she was |
| 44 | transmitting an image, information, or data that is harmful to |
| 45 | minors, as defined in s. 847.001, to a specific individual known |
| 46 | by the defendant to be a minor in this state commits a felony of |
| 47 | the third degree, punishable as provided in s. 775.082, s. |
| 48 | 775.083, or s. 775.084. |
| 49 | (3) Notwithstanding ss. 847.012 and 847.0133, any person |
| 50 | in any jurisdiction other than this state who knew or believed |
| 51 | that he or she was transmitting an image, information, or data |
| 52 | that is harmful to minors, as defined in s. 847.001, to a |
| 53 | specific individual known by the defendant to be a minor in this |
| 54 | state commits a felony of the third degree, punishable as |
| 55 | provided in s. 775.082, s. 775.083, or s. 775.084. |
| 56 |
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| 57 | The provisions of this section do not apply to subscription- |
| 58 | based transmissions such as list servers. |
| 59 |
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| 60 | ----------------------------------------------------- |
| 61 | T I T L E A M E N D M E N T |
| 62 | Remove line 10 and insert: |
| 63 | a minor; amending ss. 847.0135 and 847.0138, F.S.; removing |
| 64 | residency requirements in statutes relating to computer |
| 65 | pornography involving minor children and the transmission |
| 66 | of material harmful to a minor by electronic device or |
| 67 | equipment, respectively; providing an effective date. |