Florida Senate - 2011                                     SB 888
       
       
       
       By Senator Dean
       
       
       
       
       3-01112-11                                             2011888__
    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 transmission, distribution, or
   11         possession of multiple photographs or videos is a
   12         single offense if the transmission occurs within a 24
   13         hour period; providing that the act does not prohibit
   14         prosecution of a minor for conduct relating to
   15         material that includes the depiction of sexual conduct
   16         or sexual excitement or for stalking; defining the
   17         term “conviction”; providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Sexting; prohibited acts; penalties.—
   22         (1)A minor commits the offense of sexting if he or she
   23  knowingly uses a computer, or any other device capable of
   24  electronic data transmission or distribution, to transmit or
   25  distribute to another minor any photograph or video of himself
   26  or herself which depicts nudity, as defined in s. 847.001(9),
   27  Florida Statutes, and is harmful to minors, as defined in s.
   28  847.001(6), Florida Statutes.
   29         (a) The transmission or distribution of multiple
   30  photographs or videos is a single offense if the photographs or
   31  videos were transmitted or distributed within the same 24-hour
   32  period.
   33         (b) The possession of multiple photographs or videos that
   34  were transmitted or distributed by a minor is a single offense
   35  if the photographs or videos were transmitted or distributed by
   36  the minor in the same 24-hour period.
   37         (2)A minor who violates subsection (1):
   38         (a)Commits a noncriminal violation for a first violation,
   39  punishable by 8 hours of community service or, if ordered by the
   40  court in lieu of community service, a $60 fine. The court may
   41  also order the minor to participate in suitable training or
   42  instruction in lieu of, or in addition to, community service or
   43  a fine.
   44         (b)Commits a misdemeanor of the second degree for a
   45  violation that occurs after being found to have committed a
   46  noncriminal violation for sexting, punishable as provided in s.
   47  775.082 or s. 775.083, Florida Statutes.
   48         (c)Commits a misdemeanor of the first degree for a
   49  violation that occurs after being found to have committed a
   50  misdemeanor of the second degree for sexting, punishable as
   51  provided in s. 775.082 or s. 775.083, Florida Statutes.
   52         (d)Commits a felony of the third degree for a violation
   53  that occurs after being found to have committed a misdemeanor of
   54  the first degree for sexting, punishable as provided in s.
   55  775.082, s. 775.083, or s. 775.084, Florida Statutes.
   56         (3)This section does not prohibit the prosecution of a
   57  minor for a violation of any law of this state if the photograph
   58  or video that depicts nudity also includes the depiction of
   59  sexual conduct or sexual excitement, and does not prohibit the
   60  prosecution of a minor for stalking under s. 784.048, Florida
   61  Statutes.
   62         (4)As used in this section, the term “conviction” means a
   63  determination of guilt that is the result of a plea or trial, or
   64  a finding of delinquency that is the result of a plea or an
   65  adjudicatory hearing, regardless of whether adjudication is
   66  withheld.
   67         Section 2. This act shall take effect October 1, 2011.