| 1 | A bill to be entitled |
| 2 | An act relating to the offense of sexting; providing that |
| 3 | a minor commits the offense of sexting if he or she |
| 4 | knowingly uses a computer, or any other device capable of |
| 5 | electronic data transmission or distribution, to transmit |
| 6 | or distribute to another person any photograph or video of |
| 7 | himself or herself which depicts nudity and is harmful to |
| 8 | minors, or knowingly possesses such a photograph or video |
| 9 | that was transmitted or distributed to the minor from |
| 10 | another minor; providing noncriminal and criminal |
| 11 | penalties; providing that the act does not prohibit |
| 12 | prosecution of a minor for conduct relating to material |
| 13 | that includes the depiction of sexual conduct or sexual |
| 14 | excitement or for stalking; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Sexting; prohibited acts; penalties.- |
| 19 | (1) A minor commits the offense of sexting if he or she |
| 20 | knowingly: |
| 21 | (a) Uses a computer, or any other device capable of |
| 22 | electronic data transmission or distribution, to transmit or |
| 23 | distribute to another person any photograph or video of himself |
| 24 | or herself which depicts nudity and is harmful to minors; or |
| 25 | (b) Possesses a photograph or video that was transmitted |
| 26 | or distributed by another minor as described in paragraph (a). |
| 27 | (2) A minor who violates subsection (1): |
| 28 | (a) Commits a noncriminal violation for a first offense, |
| 29 | punishable by 8 hours of community service and a $25 fine. The |
| 30 | court may order the minor to participate in suitable training or |
| 31 | instruction in lieu of community service. |
| 32 | (b) Commits a misdemeanor of the second degree for a |
| 33 | second offense, punishable as provided in s. 775.082 or s. |
| 34 | 775.083, Florida Statutes. |
| 35 | (c) Commits a misdemeanor of the first degree for a third |
| 36 | offense, punishable as provided in s. 775.082 or s. 775.083, |
| 37 | Florida Statutes. |
| 38 | (d) Commits a felony of the third degree for a fourth or |
| 39 | subsequent offense, punishable as provided in s. 775.082, s. |
| 40 | 775.083, or s. 775.084, Florida Statutes. |
| 41 | (3) This section does not prohibit the prosecution of a |
| 42 | minor for conduct relating to material that includes the |
| 43 | depiction of sexual conduct or sexual excitement, and does not |
| 44 | prohibit the prosecution of a minor for stalking under s. |
| 45 | 784.048, Florida Statutes. |
| 46 | Section 2. This act shall take effect October 1, 2010. |