Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 888
       
       
       
       
       
       
                                Barcode 412044                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             05/03/2011 11:49 AM       .                                
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       Senator Dean moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 23 - 53
    4  and insert:
    5  knowingly:
    6         (a) Uses a computer or any other device capable of
    7  electronic data transmission or distribution to transmit or
    8  distribute to another minor any photograph or video of any
    9  person which depicts nudity, as defined in s. 847.001(9),
   10  Florida Statutes, and is harmful to minors, as defined in s.
   11  847.001(6), Florida Statutes.
   12         (b) Possesses a photograph or video of any person which was
   13  transmitted or distributed by another minor, which depicts
   14  nudity, as defined in s. 847.001(9), Florida Statutes, and is
   15  harmful to minors, as defined in s. 847.001(6), Florida
   16  Statutes. A minor does not violate this paragraph if all of the
   17  following apply:
   18         1. The minor did not solicit the photograph or video.
   19         2. The minor did not transmit, distribute, or display the
   20  photograph or video to a third party.
   21         (2)(a) The transmission or distribution of multiple
   22  photographs or videos prohibited by paragraph (1)(a) is a single
   23  offense if the photographs or videos were transmitted or
   24  distributed within the same 24-hour period.
   25         (b) The possession of multiple photographs or videos that
   26  were transmitted, distributed, or displayed by a minor
   27  prohibited by paragraph (1)(b) is a single offense if the
   28  photographs or videos were transmitted or distributed by a minor
   29  in the same 24-hour period.
   30         (3) A minor who violates subsection (1):
   31         (a) Commits a noncriminal violation for a first violation,
   32  punishable by 8 hours of community service, or, if ordered by
   33  the court in lieu of community service, a $60 fine. The court
   34  may also order the minor to participate in suitable training or
   35  instruction in lieu of, or in addition to, community service or
   36  a fine.
   37         (b) Commits a misdemeanor of the first degree for a
   38  violation that occurs after being found to have committed a
   39  noncriminal violation for sexting, punishable as provided in s.
   40  775.082 or s. 775.083, Florida Statutes.
   41         (c) 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         (4) 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         (5) As used in this section, the term “found to have
   52  
   53  ================= T I T L E  A M E N D M E N T ================
   54         And the title is amended as follows:
   55         Delete line 8
   56  and insert:
   57         depicts nudity and is harmful to minors; providing
   58         that a minor commits the offense of sexting if he or
   59         she knowingly possesses a photograph or video of any
   60         person which was transmitted or distributed by another
   61         minor, depicts nudity, and is harmful to minors;
   62         providing an exception; providing