Florida Senate - 2011                       CS for CS for SB 888
       
       
       
       By the Committees on Communications, Energy, and Public
       Utilities; and Judiciary; and Senator Dean
       
       
       
       579-03842-11                                           2011888c2
    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 any person which
    8         depicts nudity and is harmful to minors; providing
    9         noncriminal and criminal penalties; providing that the
   10         transmission or distribution of multiple photographs
   11         or videos is a single offense if the transmission
   12         occurs within a 24-hour period; providing that the act
   13         does not prohibit prosecution of a minor for conduct
   14         relating to material that includes the depiction of
   15         sexual conduct or sexual excitement or for stalking;
   16         defining the term “found to have committed”; providing
   17         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 any
   26  person 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. The transmission or distribution
   29  of multiple photographs or videos is a single offense if the
   30  photographs or videos were transmitted or distributed within the
   31  same 24-hour period.
   32         (2) A minor who violates subsection (1):
   33         (a) Commits a noncriminal violation for a first violation,
   34  punishable by 8 hours of community service or, if ordered by the
   35  court in lieu of community service, a $60 fine. The court may
   36  also order the minor to participate in suitable training or
   37  instruction in lieu of, or in addition to, community service or
   38  a fine.
   39         (b) Commits a misdemeanor of the first degree for a
   40  violation that occurs after being found to have committed a
   41  noncriminal violation for sexting, punishable as provided in s.
   42  775.082 or s. 775.083, Florida Statutes.
   43         (c) Commits a felony of the third degree for a violation
   44  that occurs after being found to have committed a misdemeanor of
   45  the first degree for sexting, punishable as provided in s.
   46  775.082, s. 775.083, or s. 775.084, Florida Statutes.
   47         (3) This section does not prohibit the prosecution of a
   48  minor for a violation of any law of this state if the photograph
   49  or video that depicts nudity also includes the depiction of
   50  sexual conduct or sexual excitement, and does not prohibit the
   51  prosecution of a minor for stalking under s. 784.048, Florida
   52  Statutes.
   53         (4) As used in this section, the term “found to have
   54  committed” means a determination of guilt that is the result of
   55  a plea or trial, or a finding of delinquency that is the result
   56  of a plea or an adjudicatory hearing, regardless of whether
   57  adjudication is withheld.
   58         Section 2. This act shall take effect October 1, 2011.