CS/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 specified video voyeurism provisions to register as
6	a sexual predator; amending s. 827.071, F.S.;
7	providing that if more than one child is involved in a
8	violation of provisions prohibiting sexual performance
9	by a child, each child involved in the violation
10	creates a separate offense; amending s. 943.0435,
11	F.S.; requiring a person convicted of video voyeurism
12	violations to register as a sexual offender; amending
13	ss. 944.606 and 944.607, F.S.; revising the definition
14	of the term "sexual offender" to include persons
15	convicted of specified video voyeurism provisions;
16	amending s. 810.145, F.S.; increasing the
17	classification of specified video voyeurism offenses
18	involving minors; amending s. 921.0022, F.S.; ranking
19	a violation of s. 810.145(8)(b), F.S., above its
20	default value for purposes of the offense severity
21	ranking chart of the Criminal Punishment Code;
22	providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  This act may be cited as the "Protect Our
27	Children Act of 2012."
28	Section 2.  Paragraph (a) of subsection (4) of section
29	775.21, Florida Statutes, is amended to read:
30	775.21  The Florida Sexual Predators Act.-
31	(4)  SEXUAL PREDATOR CRITERIA.-
32	(a)  For a current offense committed on or after October 1,
33	1993, upon conviction, an offender shall be designated as a
34	"sexual predator" under subsection (5), and subject to
35	registration under subsection (6) and community and public
36	notification under subsection (7) if:
37	1.  The felony is:
38	a.  A capital, life, or first-degree felony violation, or
39	any attempt thereof, of s. 787.01 or s. 787.02, where the victim
40	is a minor and the defendant is not the victim's parent or
41	guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
42	violation of a similar law of another jurisdiction; or
43	b.  Any felony violation, or any attempt thereof, of s.
44	787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
45	minor and the defendant is not the victim's parent or guardian;
46	s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
47	796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025(2)(b); s.
48	827.071; s. 847.0135(5); s. 847.0145; or s. 985.701(1); or a
49	violation of a similar law of another jurisdiction, and the
50	offender has previously been convicted of or found to have
51	committed, or has pled nolo contendere or guilty to, regardless
52	of adjudication, any violation of s. 787.01, s. 787.02, or s.
53	787.025(2)(c), where the victim is a minor and the defendant is
54	not the victim's parent or guardian; s. 794.011, excluding s.
55	794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
56	810.145(8)(b); s. 825.1025; s. 827.071; s. 847.0133; s.
57	847.0135, excluding s. 847.0135(6); s. 847.0145; or s.
58	985.701(1); or a violation of a similar law of another
59	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 such photograph, motion picture,
78	exhibition, show, representation, image, data, computer
79	depiction, or other presentation includes sexual conduct by more
80	than one child, then each such child in each such photograph,
81	motion picture, exhibition, show, representation, image, data,
82	computer depiction, or other presentation that is knowingly
83	possessed, controlled, or intentionally viewed is a separate
84	offense. A person who violates this subsection commits a felony
85	of the third degree, punishable as provided in s. 775.082, s.
86	775.083, or s. 775.084.
87	Section 4.  Paragraph (a) of subsection (1) of section
88	943.0435, Florida Statutes, is amended to read:
89	943.0435  Sexual offenders required to register with the
90	department; penalty.-
91	(1)  As used in this section, the term:
92	(a)1.  "Sexual offender" means a person who meets the
93	criteria in sub-subparagraph a., sub-subparagraph b., sub-
94	subparagraph c., or sub-subparagraph d., as follows:
95	a.(I)  Has been convicted of committing, or attempting,
96	soliciting, or conspiring to commit, any of the criminal
97	offenses proscribed in the following statutes in this state or
98	similar offenses in another jurisdiction: s. 787.01, s. 787.02,
99	or s. 787.025(2)(c), where the victim is a minor and the
100	defendant is not the victim's parent or guardian; s. 794.011,
101	excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
102	800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s.
103	847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
104	847.0145; or s. 985.701(1); or any similar offense committed in
105	this state which has been redesignated from a former statute
106	number to one of those listed in this sub-sub-subparagraph; and
107	(II)  Has been released on or after October 1, 1997, from
108	the sanction imposed for any conviction of an offense described
109	in sub-sub-subparagraph (I). For purposes of sub-sub-
110	subparagraph (I), a sanction imposed in this state or in any
111	other jurisdiction includes, but is not limited to, a fine,
112	probation, community control, parole, conditional release,
113	control release, or incarceration in a state prison, federal
114	prison, private correctional facility, or local detention
115	facility;
116	b.  Establishes or maintains a residence in this state and
117	who has not been designated as a sexual predator by a court of
118	this state but who has been designated as a sexual predator, as
119	a sexually violent predator, or by another sexual offender
120	designation in another state or jurisdiction and was, as a
121	result of such designation, subjected to registration or
122	community or public notification, or both, or would be if the
123	person were a resident of that state or jurisdiction, without
124	regard to whether the person otherwise meets the criteria for
125	registration as a sexual offender;
126	c.  Establishes or maintains a residence in this state who
127	is in the custody or control of, or under the supervision of,
128	any other state or jurisdiction as a result of a conviction for
129	committing, or attempting, soliciting, or conspiring to commit,
130	any of the criminal offenses proscribed in the following
131	statutes or similar offense in another jurisdiction: s. 787.01,
132	s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
133	the defendant is not the victim's parent or guardian; s.
134	794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
135	796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s.
136	847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
137	847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
138	committed in this state which has been redesignated from a
139	former statute number to one of those listed in this sub-
140	subparagraph; or
141	d.  On or after July 1, 2007, has been adjudicated
142	delinquent for committing, or attempting, soliciting, or
143	conspiring to commit, any of the criminal offenses proscribed in
144	the following statutes in this state or similar offenses in
145	another jurisdiction when the juvenile was 14 years of age or
146	older at the time of the offense:
147	(I)  Section 794.011, excluding s. 794.011(10);
148	(II)  Section 800.04(4)(b) where the victim is under 12
149	years of age or where the court finds sexual activity by the use
150	of force or coercion;
151	(III)  Section 800.04(5)(c)1. where the court finds
152	molestation involving unclothed genitals; or
153	(IV)  Section 800.04(5)(d) where the court finds the use of
154	force or coercion and unclothed genitals.
155	2.  For all qualifying offenses listed in sub-subparagraph
156	(1)(a)1.d., the court shall make a written finding of the age of
157	the offender at the time of the offense.
158
159	For each violation of a qualifying offense listed in this
160	subsection, the court shall make a written finding of the age of
161	the victim at the time of the offense. For a violation of s.
162	800.04(4), the court shall additionally make a written finding
163	indicating that the offense did or did not involve sexual
164	activity and indicating that the offense did or did not involve
165	force or coercion. For a violation of s. 800.04(5), the court
166	shall additionally make a written finding that the offense did
167	or did not involve unclothed genitals or genital area and that
168	the offense did or did not involve the use of force or coercion.
169	Section 5.  Paragraph (b) of subsection (1) of section
170	944.606, Florida Statutes, is amended to read:
171	944.606  Sexual offenders; notification upon release.-
172	(1)  As used in this section:
173	(b)  "Sexual offender" means a person who has been
174	convicted of committing, or attempting, soliciting, or
175	conspiring to commit, any of the criminal offenses proscribed in
176	the following statutes in this state or similar offenses in
177	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
178	where the victim is a minor and the defendant is not the
179	victim's parent or guardian; s. 794.011, excluding s.
180	794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
181	810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
182	excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
183	or s. 985.701(1); or any similar offense committed in this state
184	which has been redesignated from a former statute number to one
185	of those listed in this subsection, when the department has
186	received verified information regarding such conviction; an
187	offender's computerized criminal history record is not, in and
188	of itself, verified information.
189	Section 6.  Paragraph (a) of subsection (1) of section
190	944.607, Florida Statutes, is amended to read:
191	944.607  Notification to Department of Law Enforcement of
192	information on sexual offenders.-
193	(1)  As used in this section, the term:
194	(a)  "Sexual offender" means a person who is in the custody
195	or control of, or under the supervision of, the department or is
196	in the custody of a private correctional facility:
197	1.  On or after October 1, 1997, as a result of a
198	conviction for committing, or attempting, soliciting, or
199	conspiring to commit, any of the criminal offenses proscribed in
200	the following statutes in this state or similar offenses in
201	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
202	where the victim is a minor and the defendant is not the
203	victim's parent or guardian; s. 794.011, excluding s.
204	794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
205	810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
206	excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
207	or s. 985.701(1); or any similar offense committed in this state
208	which has been redesignated from a former statute number to one
209	of those listed in this paragraph; or
210	2.  Who establishes or maintains a residence in this state
211	and who has not been designated as a sexual predator by a court
212	of this state but who has been designated as a sexual predator,
213	as a sexually violent predator, or by another sexual offender
214	designation in another state or jurisdiction and was, as a
215	result of such designation, subjected to registration or
216	community or public notification, or both, or would be if the
217	person were a resident of that state or jurisdiction, without
218	regard as to whether the person otherwise meets the criteria for
219	registration as a sexual offender.
220	Section 7.  Subsection (8) of section 810.145, Florida
221	Statutes, are amended to read:
222	810.145  Video voyeurism.-
223	(8)(a)  A person who is:
224	1.  Eighteen years of age or older who is responsible for
225	the welfare of a child younger than 16 years of age, regardless
226	of whether the person knows or has reason to know the age of the
227	child, and who commits an offense under this section against
228	that child;
229	2.  Eighteen years of age or older who is employed at a
230	private school as defined in s. 1002.01; a school as defined in
231	s. 1003.01; or a voluntary prekindergarten education program as
232	described in s. 1002.53(3)(a), (b), or (c) and who commits an
233	offense under this section against a student of the private
234	school, school, or voluntary prekindergarten education program;
235	or
236	3.  Twenty-four years of age or older who commits an
237	offense under this section against a child younger than 16 years
238	of age, regardless of whether the person knows or has reason to
239	know the age of the child
240
241	commits a felony of the second third degree, punishable as
242	provided in s. 775.082, s. 775.083, or s. 775.084.
243	(b)  A person who violates this subsection and who has
244	previously been convicted of or adjudicated delinquent for any
245	violation of this section commits a felony of the second degree,
246	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
247	Section 8.  Paragraph (f) of subsection (3) of section
248	921.0022, Florida Statutes, is amended to read:
249	921.0022  Criminal Punishment Code; offense severity
250	ranking chart.-
251	(3)  OFFENSE SEVERITY RANKING CHART
252	(f)  LEVEL 6
253
	FloridaStatute FelonyDegree Description
254
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
255
	499.0051(3) 2nd Knowing forgery of pedigree papers.
256
	499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
257
	499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
258
	775.0875(1) 3rd Taking firearm from law enforcement officer.
259
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
260
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
261
	784.041 3rd Felony battery; domestic battery by strangulation.
262
	784.048(3) 3rd Aggravated stalking; credible threat.
263
	784.048(5) 3rd Aggravated stalking of person under 16.
264
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
265
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
266
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
267
	784.081(2) 2nd Aggravated assault on specified official or employee.
268
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
269
	784.083(2) 2nd Aggravated assault on code inspector.
270
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
271
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
272
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
273
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
274
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
275
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
276
	794.05(1) 2nd Unlawful sexual activity with specified minor.
277
	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.
278
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
279
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
280
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
281
	810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
282
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
283
	812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
284
	812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
285
	812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
286
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
287
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
288
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
289
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
290
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
291
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
292
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
293
	827.03(1) 3rd Abuse of a child.
294
	827.03(3)(c) 3rd Neglect of a child.
295
	827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
296
	836.05 2nd Threats; extortion.
297
	836.10 2nd Written threats to kill or do bodily injury.
298
	843.12 3rd Aids or assists person to escape.
299
	847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
300
	847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
301
	847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
302
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
303
	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.
304
	944.40 2nd Escapes.
305
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
306
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
307
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
308
309	Section 9.  This act shall take effect October 1, 2012.

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