Florida Senate - 2013                                     SB 946
       
       
       
       By Senator Simmons
       
       
       
       
       10-00425C-13                                           2013946__
    1                        A bill to be entitled                      
    2         An act relating to computer or electronic device
    3         harassment; creating s. 847.0042, F.S.; prohibiting
    4         knowing use of a computer or other device to transmit
    5         or post any photograph or video of an individual which
    6         depicts nudity and contains specified information
    7         relating to the depicted individual without first
    8         obtaining the depicted person’s written consent;
    9         providing an exception; providing criminal penalties;
   10         providing enhanced penalties for violations by persons
   11         18 years of age or older involving victims younger
   12         than 16 years of age; providing for jurisdiction;
   13         amending s. 921.244, F.S.; providing that a person
   14         convicted of a violation of s. 847.0042, F.S., be
   15         ordered to have no contact with the victim; providing
   16         criminal penalties for violation of such an order;
   17         providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 847.0042, Florida Statutes, is created
   22  to read:
   23         847.0042 Nude depictions with personal identifying
   24  information.—
   25         (1) A person may not knowingly use a computer or other
   26  device capable of electronic data transmission or distribution
   27  to transmit or post to a website or any other social networking
   28  service, or cause to be posted to a website or any other social
   29  networking service, any photograph or video of an individual
   30  which depicts nudity and contains any of the depicted
   31  individual’s personal identification information, as defined in
   32  s. 817.568, or counterfeit or fictitious information purporting
   33  to be such personal identification information, without first
   34  obtaining the depicted person’s written consent unless the
   35  victim was photographed or videotaped in public and a lack of
   36  objection to the photography or videotaping could reasonably be
   37  implied by the victim’s conduct.
   38         (2)(a) Except as provided in paragraph (b), a person who
   39  violates this section commits a felony of the third degree,
   40  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   41         (b) A person who is 18 years of age or older at the time of
   42  the transmission or posting of a video or photograph to a
   43  website or any other social networking service, or the causing
   44  to be posted to a website or any other social networking service
   45  of a video or photograph, who violates this section through such
   46  conduct and the violation involves a photograph or video of a
   47  person who was younger than 16 years of age at the time of
   48  making the photograph or video commits a felony of the second
   49  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   50  775.084.
   51         (3) An offense is committed within this state if any
   52  conduct that is an element of the offense or any harm to the
   53  depicted person, including any harm to the depicted person’s
   54  privacy interests, resulting from the offense occurs within this
   55  state.
   56         Section 2. Section 921.244, Florida Statutes, is amended to
   57  read:
   58         921.244 Order of no contact; penalties.—
   59         (1) At the time of sentencing an offender convicted of a
   60  violation of s. 794.011, s. 800.04, s. 847.0042, s. 847.0135(5),
   61  or any offense in s. 775.084(1)(b)1.a.-o., the court shall order
   62  that the offender be prohibited from having any contact with the
   63  victim, directly or indirectly, including through a third
   64  person, for the duration of the sentence imposed. The court may
   65  reconsider the order upon the request of the victim if the
   66  request is made at any time after the victim has attained 18
   67  years of age. In considering the request, the court shall
   68  conduct an evidentiary hearing to determine whether a change of
   69  circumstances has occurred which warrants a change in the court
   70  order prohibiting contact and whether it is in the best interest
   71  of the victim that the court order be modified or rescinded.
   72         (2) Any offender who violates a court order issued under
   73  this section commits a felony of the third degree, punishable as
   74  provided in s. 775.082, s. 775.083, or s. 775.084.
   75         (3) The punishment imposed under this section shall run
   76  consecutive to any former sentence imposed for a conviction for
   77  any offense under s. 794.011, s. 800.04, s. 847.0135(5), or any
   78  offense in s. 775.084(1)(b)1.a.-o.
   79         Section 3. This act shall take effect October 1, 2013.