HB 437

1	A bill to be entitled
2	An act relating to protection of minors; providing a
3	short title; amending s. 775.21, F.S.; requiring a
4	person convicted of a second or subsequent violation
5	of a specified video voyeurism provision to register
6	as a sexual offender if the victim of the violation
7	was a minor; amending s. 827.071, F.S.; providing that
8	if more than one child is involved in a violation of
9	provisions prohibiting sexual performance by a child,
10	each child involved in the violation creates a
11	separate offense; amending s. 943.0435, F.S.;
12	requiring a person convicted of a video voyeurism
13	violation to register as a sexual offender if the
14	victim of the violation was a minor; amending s.
15	810.145, F.S.; revising the definition of the term
16	"place and time when a person has a reasonable
17	expectation of privacy" to include the interior of a
18	residential dwelling; increasing the classification of
19	specified video voyeurism offenses involving minors;
20	amending s. 921.0022, F.S.; ranking a violation of s.
21	810.145(8)(b), F.S., above its default value for
22	purposes of the offense severity ranking chart of the
23	Criminal Punishment Code; providing an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  This act may be cited as the "Protect Our
28	Children Act of 2012."
29	Section 2.  Paragraph (a) of subsection (4) of section
30	775.21, Florida Statutes, is amended to read:
31	775.21  The Florida Sexual Predators Act.-
32	(4)  SEXUAL PREDATOR CRITERIA.-
33	(a)  For a current offense committed on or after October 1,
34	1993, upon conviction, an offender shall be designated as a
35	"sexual predator" under subsection (5), and subject to
36	registration under subsection (6) and community and public
37	notification under subsection (7) if:
38	1.  The felony is:
39	a.  A capital, life, or first-degree felony violation, or
40	any attempt thereof, of s. 787.01 or s. 787.02, where the victim
41	is a minor and the defendant is not the victim's parent or
42	guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
43	violation of a similar law of another jurisdiction; or
44	b.  Any felony violation, or any attempt thereof, of s.
45	787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
46	minor and the defendant is not the victim's parent or guardian;
47	s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
48	796.035; s. 800.04; s. 810.145(8); s. 825.1025(2)(b); s.
49	827.071; s. 847.0135(5); s. 847.0145; or s. 985.701(1); or a
50	violation of a similar law of another jurisdiction, and the
51	offender has previously been convicted of or found to have
52	committed, or has pled nolo contendere or guilty to, regardless
53	of adjudication, any violation of s. 787.01, s. 787.02, or s.
54	787.025(2)(c), where the victim is a minor and the defendant is
55	not the victim's parent or guardian; s. 794.011, excluding s.
56	794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
57	810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
58	excluding s. 847.0135(6); s. 847.0145; or s. 985.701(1); or a
59	violation of a similar law of another jurisdiction;
60	2.  The offender has not received a pardon for any felony
61	or similar law of another jurisdiction that is necessary for the
62	operation of this paragraph; and
63	3.  A conviction of a felony or similar law of another
64	jurisdiction necessary to the operation of this paragraph has
65	not been set aside in any postconviction proceeding.
66	Section 3.  Paragraph (a) of subsection (5) of section
67	827.071, Florida Statutes, is amended to read:
68	827.071  Sexual performance by a child; penalties.-
69	(5)(a)  It is unlawful for any person to knowingly possess,
70	control, or intentionally view a photograph, motion picture,
71	exhibition, show, representation, image, data, computer
72	depiction, or other presentation which, in whole or in part, he
73	or she knows to include any sexual conduct by a child. The
74	possession, control, or intentional viewing of each such
75	photograph, motion picture, exhibition, show, image, data,
76	computer depiction, representation, or presentation is a
77	separate offense. If a photograph, motion picture, exhibition,
78	show, representation, image, data, computer depiction, or other
79	presentation includes sexual conduct by more than one child,
80	then each such child in each such photograph, motion picture,
81	exhibition, show, representation, image, data, computer
82	depiction, or other presentation is a separate offense. A person
83	who violates this subsection commits a felony of the third
84	degree, punishable as provided in s. 775.082, s. 775.083, or s.
85	775.084.
86	Section 4.  Paragraph (a) of subsection (1) of section
87	943.0435, Florida Statutes, is amended to read:
88	943.0435  Sexual offenders required to register with the
89	department; penalty.-
90	(1)  As used in this section, the term:
91	(a)1.  "Sexual offender" means a person who meets the
92	criteria in sub-subparagraph a., sub-subparagraph b., sub-
93	subparagraph c., or sub-subparagraph d., as follows:
94	a.(I)  Has been convicted of committing, or attempting,
95	soliciting, or conspiring to commit, any of the criminal
96	offenses proscribed in the following statutes in this state or
97	similar offenses in another jurisdiction: s. 787.01, s. 787.02,
98	or s. 787.025(2)(c), where the victim is a minor and the
99	defendant is not the victim's parent or guardian; s. 794.011,
100	excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
101	800.04; s. 810.145(8)(a); s. 825.1025; s. 827.071; s. 847.0133;
102	s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
103	s. 847.0145; or s. 985.701(1); or any similar offense committed
104	in this state which has been redesignated from a former statute
105	number to one of those listed in this sub-sub-subparagraph; and
106	(II)  Has been released on or after October 1, 1997, from
107	the sanction imposed for any conviction of an offense described
108	in sub-sub-subparagraph (I). For purposes of sub-sub-
109	subparagraph (I), a sanction imposed in this state or in any
110	other jurisdiction includes, but is not limited to, a fine,
111	probation, community control, parole, conditional release,
112	control release, or incarceration in a state prison, federal
113	prison, private correctional facility, or local detention
114	facility;
115	b.  Establishes or maintains a residence in this state and
116	who has not been designated as a sexual predator by a court of
117	this state but who has been designated as a sexual predator, as
118	a sexually violent predator, or by another sexual offender
119	designation in another state or jurisdiction and was, as a
120	result of such designation, subjected to registration or
121	community or public notification, or both, or would be if the
122	person were a resident of that state or jurisdiction, without
123	regard to whether the person otherwise meets the criteria for
124	registration as a sexual offender;
125	c.  Establishes or maintains a residence in this state who
126	is in the custody or control of, or under the supervision of,
127	any other state or jurisdiction as a result of a conviction for
128	committing, or attempting, soliciting, or conspiring to commit,
129	any of the criminal offenses proscribed in the following
130	statutes or similar offense in another jurisdiction: s. 787.01,
131	s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
132	the defendant is not the victim's parent or guardian; s.
133	794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
134	796.035; s. 800.04; s. 810.145(8)(a); s. 825.1025; s. 827.071;
135	s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137;
136	s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar
137	offense committed in this state which has been redesignated from
138	a former statute number to one of those listed in this sub-
139	subparagraph; or
140	d.  On or after July 1, 2007, has been adjudicated
141	delinquent for committing, or attempting, soliciting, or
142	conspiring to commit, any of the criminal offenses proscribed in
143	the following statutes in this state or similar offenses in
144	another jurisdiction when the juvenile was 14 years of age or
145	older at the time of the offense:
146	(I)  Section 794.011, excluding s. 794.011(10);
147	(II)  Section 800.04(4)(b) where the victim is under 12
148	years of age or where the court finds sexual activity by the use
149	of force or coercion;
150	(III)  Section 800.04(5)(c)1. where the court finds
151	molestation involving unclothed genitals; or
152	(IV)  Section 800.04(5)(d) where the court finds the use of
153	force or coercion and unclothed genitals.
154	2.  For all qualifying offenses listed in sub-subparagraph
155	(1)(a)1.d., the court shall make a written finding of the age of
156	the offender at the time of the offense.
157
158	For each violation of a qualifying offense listed in this
159	subsection, the court shall make a written finding of the age of
160	the victim at the time of the offense. For a violation of s.
161	800.04(4), the court shall additionally make a written finding
162	indicating that the offense did or did not involve sexual
163	activity and indicating that the offense did or did not involve
164	force or coercion. For a violation of s. 800.04(5), the court
165	shall additionally make a written finding that the offense did
166	or did not involve unclothed genitals or genital area and that
167	the offense did or did not involve the use of force or coercion.
168	Section 5.  Paragraph (c) of subsection (1) and subsection
169	(8) of section 810.145, Florida Statutes, are amended to read:
170	810.145  Video voyeurism.-
171	(1)  As used in this section, the term:
172	(c)  "Place and time when a person has a reasonable
173	expectation of privacy" means a place and time when a reasonable
174	person would believe that he or she could fully disrobe in
175	privacy, without being concerned that the person's undressing
176	was being viewed, recorded, or broadcasted by another,
177	including, but not limited to, the interior of a residential
178	dwelling, bathroom, changing room, fitting room, dressing room,
179	or tanning booth.
180	(8)(a)  A person who is:
181	1.  Eighteen years of age or older who is responsible for
182	the welfare of a child younger than 16 years of age, regardless
183	of whether the person knows or has reason to know the age of the
184	child, and who commits an offense under this section against
185	that child;
186	2.  Eighteen years of age or older who is employed at a
187	private school as defined in s. 1002.01; a school as defined in
188	s. 1003.01; or a voluntary prekindergarten education program as
189	described in s. 1002.53(3)(a), (b), or (c) and who commits an
190	offense under this section against a student of the private
191	school, school, or voluntary prekindergarten education program;
192	or
193	3.  Twenty-four years of age or older who commits an
194	offense under this section against a child younger than 16 years
195	of age, regardless of whether the person knows or has reason to
196	know the age of the child
197
198	commits a felony of the second third degree, punishable as
199	provided in s. 775.082, s. 775.083, or s. 775.084.
200	(b)  A person who violates this subsection and who has
201	previously been convicted of or adjudicated delinquent for any
202	violation of this section commits a felony of the second degree,
203	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
204	Section 6.  Paragraph (f) of subsection (3) of section
205	921.0022, Florida Statutes, is amended to read:
206	921.0022  Criminal Punishment Code; offense severity
207	ranking chart.-
208	(3)  OFFENSE SEVERITY RANKING CHART
209	(f)  LEVEL 6
210
	FloridaStatute FelonyDegree Description
211
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
212
	499.0051(3) 2nd Knowing forgery of pedigree papers.
213
	499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
214
	499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
215
	775.0875(1) 3rd Taking firearm from law enforcement officer.
216
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
217
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
218
	784.041 3rd Felony battery; domestic battery by strangulation.
219
	784.048(3) 3rd Aggravated stalking; credible threat.
220
	784.048(5) 3rd Aggravated stalking of person under 16.
221
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
222
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
223
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
224
	784.081(2) 2nd Aggravated assault on specified official or employee.
225
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
226
	784.083(2) 2nd Aggravated assault on code inspector.
227
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
228
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
229
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
230
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
231
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
232
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
233
	794.05(1) 2nd Unlawful sexual activity with specified minor.
234
	800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
235
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
236
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
237
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
238
	810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
239
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
240
	812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
241
	812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
242
	812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
243
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
244
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
245
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
246
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
247
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
248
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
249
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
250
	827.03(1) 3rd Abuse of a child.
251
	827.03(3)(c) 3rd Neglect of a child.
252
	827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
253
	836.05 2nd Threats; extortion.
254
	836.10 2nd Written threats to kill or do bodily injury.
255
	843.12 3rd Aids or assists person to escape.
256
	847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
257
	847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
258
	847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
259
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
260
	944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
261
	944.40 2nd Escapes.
262
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
263
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
264
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
265
266	Section 7.  This act shall take effect October 1, 2012.

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