Florida Senate - 2010                             CS for SB 2560
       
       
       
       By the Committee on Criminal Justice; and Senators Aronberg and
       Sobel
       
       
       
       591-04395-10                                          20102560c1
    1                        A bill to be entitled                      
    2         An act relating to the offense of sexting; providing
    3         that a minor commits the offense of sexting if he or
    4         she knowingly uses a computer, or any other device
    5         capable of electronic data transmission or
    6         distribution, to transmit or distribute to another
    7         minor any photograph or video of himself or herself
    8         which depicts nudity and is harmful to minors;
    9         providing noncriminal and criminal penalties;
   10         providing that the act does not prohibit prosecution
   11         of a minor for conduct relating to material that
   12         includes the depiction of sexual conduct or sexual
   13         excitement or for stalking; providing an effective
   14         date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Sexting; prohibited acts; penalties.—
   19         (1) A minor commits the offense of sexting if he or she
   20  knowingly uses a computer, or any other device capable of
   21  electronic data transmission or distribution, to transmit or
   22  distribute to another minor any photograph or video of himself
   23  or herself which depicts nudity as defined in s. 847.001(9),
   24  Florida Statutes, and is harmful to minors as defined in s.
   25  847.001(6), Florida Statutes.
   26         (2) A minor who violates subsection (1):
   27         (a) Commits a noncriminal violation for a first violation
   28  of sexting, punishable by 8 hours of community service or, if
   29  ordered by the court in lieu of community service, a $60 fine.
   30  The court may also order the minor to participate in suitable
   31  training or instruction in lieu of, or in addition to, community
   32  service or a fine.
   33         (b) Commits a misdemeanor of the second degree for a
   34  violation that occurs after being found to have committed a
   35  noncriminal violation for sexting, punishable as provided in s.
   36  775.082 or s. 775.083, Florida Statutes.
   37         (c) Commits a misdemeanor of the first degree for a
   38  violation that occurs after being found to have committed a
   39  misdemeanor of the second degree for sexting, punishable as
   40  provided in s. 775.082 or s. 775.083, Florida Statutes.
   41         (d) Commits a felony of the third degree for a violation
   42  that occurs after being found to have committed a misdemeanor of
   43  the first degree for sexting, punishable as provided in s.
   44  775.082, s. 775.083, or s. 775.084, Florida Statutes.
   45         (3) This section does not prohibit the prosecution of a
   46  minor for a violation of any law of this state if the photograph
   47  or video that depicts nudity also includes the depiction of
   48  sexual conduct or sexual excitement, and does not prohibit the
   49  prosecution of a minor for stalking under s. 784.048, Florida
   50  Statutes.
   51         Section 2. This act shall take effect October 1, 2010.