CS/CS/HB 75

1
A bill to be entitled
2An act relating to the offense of sexting; providing that
3a minor commits the offense of sexting if he or she
4knowingly uses a computer, or any other device capable of
5electronic data transmission or distribution, to transmit
6or distribute to another minor any photograph or video of
7any person which depicts nudity and is harmful to minors;
8providing noncriminal and criminal penalties; providing
9that the transmission or distribution of multiple
10photographs or videos is a single offense if the
11transmission occurs within a 24-hour period; providing
12that the act does not prohibit prosecution of a minor for
13conduct relating to material that includes the depiction
14of sexual conduct or sexual excitement or for stalking;
15defining the term "found to have committed"; providing an
16effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Sexting; prohibited acts; penalties.-
21     (1)  A minor commits the offense of sexting if he or she
22knowingly uses a computer, or any other device capable of
23electronic data transmission or distribution, to transmit or
24distribute to another minor any photograph or video of any
25person which depicts nudity, as defined in s. 847.001(9),
26Florida Statutes, and is harmful to minors, as defined in s.
27847.001(6), Florida Statutes. The transmission or distribution
28of multiple photographs or videos is a single offense if the
29photographs or videos were transmitted or distributed within the
30same 24-hour period.
31     (2)  A minor who violates subsection (1):
32     (a)  Commits a noncriminal violation for a first violation,
33punishable by 8 hours of community service or, if ordered by the
34court in lieu of community service, a $60 fine. The court may
35also order the minor to participate in suitable training or
36instruction in lieu of, or in addition to, community service or
37a fine.
38     (b)  Commits a misdemeanor of the first degree for a
39violation that occurs after being found to have committed a
40noncriminal violation for sexting, punishable as provided in s.
41775.082 or s. 775.083, Florida Statutes.
42     (c)  Commits a felony of the third degree for a violation
43that occurs after being found to have committed a misdemeanor of
44the first degree for sexting, punishable as provided in s.
45775.082, s. 775.083, or s. 775.084, Florida Statutes.
46     (3)  This section does not prohibit the prosecution of a
47minor for a violation of any law of this state if the photograph
48or video that depicts nudity also includes the depiction of
49sexual conduct or sexual excitement, and does not prohibit the
50prosecution of a minor for stalking under s. 784.048, Florida
51Statutes.
52     (4)  As used in this section, the term "found to have
53committed" means a determination of guilt that is the result of
54a plea or trial, or a finding of delinquency that is the result
55of a plea or an adjudicatory hearing, regardless of whether
56adjudication is withheld.
57     Section 2.  This act shall take effect October 1, 2011.


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