Florida Senate - 2015                              CS for SB 538
       By the Committee on Criminal Justice; and Senator Simmons
       591-03139-15                                           2015538c1
    1                        A bill to be entitled                      
    2         An act relating to the disclosure of sexually explicit
    3         images; creating s. 847.0136, F.S.; providing
    4         definitions; prohibiting an individual from
    5         electronically disclosing a sexually explicit image of
    6         an identifiable person with the intent to harass such
    7         person if the individual knows or should have known
    8         that such person did not consent to the disclosure;
    9         providing criminal penalties; providing for
   10         jurisdiction; providing exceptions; exempting
   11         providers of specified services; amending s. 921.244,
   12         F.S.; requiring a court to order that a person
   13         convicted of such offense be prohibited from having
   14         contact with the victim; providing criminal penalties
   15         for a violation of such order; providing that criminal
   16         penalties for certain offenses run consecutively with
   17         a sentence imposed for a violation of s. 847.0136,
   18         F.S.; reenacting s. 784.048(7), F.S., to incorporate
   19         the amendment made to s. 921.244, F.S., in a reference
   20         thereto; providing an effective date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Section 847.0136, Florida Statutes, is created
   25  to read:
   26         847.0136 Prohibited electronic disclosure of sexually
   27  explicit images; penalties; jurisdiction.—
   28         (1) As used in this section, the term:
   29         (a) “Disclose” means to publish, post, distribute, exhibit,
   30  advertise, offer, or transfer, or cause to be published, posted,
   31  distributed, exhibited, advertised, offered, or transferred.
   32         (b) “Harass” means to engage in conduct directed at a
   33  specific person which causes substantial emotional distress to
   34  that person and serves no legitimate purpose.
   35         (c) “Identifiable person” means an individual in a sexually
   36  explicit image who can be identified through:
   37         1. Recognition of his or her face as depicted in the
   38  sexually explicit image; or
   39         2. Personal identification information that accompanies or
   40  is associated with the sexually explicit image.
   41         (d) “Personal identification information” has the same
   42  meaning as provided in s. 817.568.
   43         (e) “Sexually explicit image” means a private photograph,
   44  film, videotape, recording, or other reproduction of:
   45         1. Nudity; or
   46         2. Sexual intercourse, including, but not limited to, oral
   47  sexual intercourse or anal sexual intercourse.
   48         (2) An individual may not intentionally and knowingly
   49  disclose a sexually explicit image of an identifiable person or
   50  that contains descriptive information in a form that conveys the
   51  personal identification information of the person to a social
   52  networking service or a website, or by means of any other
   53  electronic medium, with the intent to harass such person, if the
   54  individual knows or should have known that the person depicted
   55  in the sexually explicit image did not consent to such
   56  disclosure.
   57         (3)(a) Except as provided in paragraph (b), an individual
   58  who violates this section commits a 2nd degree misdemeanor,
   59  punishable as provided in s. 775.082 or s. 775.083.
   60         (b) An individual who is 18 years of age or older at the
   61  time he or she violates this section commits a 1st degree
   62  misdemeanor, punishable as provided in s. 775.082 or s. 775.083,
   63  if the violation involves a sexually explicit image of an
   64  individual who was younger than 16 years of age at the time the
   65  sexually explicit image was created.
   66         (4) A violation of this section is committed within this
   67  state if any conduct that is an element of the offense described
   68  in subsection (2), or any harm to the identifiable person
   69  resulting from the offense described in subsection (2), occurs
   70  within this state.
   71         (5) This section does not apply to the disclosure of a
   72  sexually explicit image for:
   73         (a) The reporting, investigation, and prosecution of an
   74  alleged crime for law enforcement purposes.
   75         (b) Voluntary and consensual purposes in public or
   76  commercial settings.
   77         (6) This section does not impose liability on a provider of
   78  an interactive computer service as defined in 47 U.S.C. s.
   79  230(f), an information service as defined in 47 U.S.C. s. 153,
   80  or communications services as defined in s. 202.11, for:
   81         (a) The transmission, storage, or caching of electronic
   82  communications or messages of other persons;
   83         (b) Other related telecommunications or commercial mobile
   84  radio service; or
   85         (c) Content provided by another person.
   86         Section 2. Section 921.244, Florida Statutes, is amended to
   87  read:
   88         921.244 Order of no contact; penalties.—
   89         (1) At the time of sentencing an offender convicted of a
   90  violation of s. 794.011, s. 800.04, s. 847.0135(5), s. 847.0136,
   91  or any offense in s. 775.084(1)(b)1.a.-o., the court shall order
   92  that the offender be prohibited from having any contact with the
   93  victim, directly or indirectly, including through a third
   94  person, for the duration of the sentence imposed. The court may
   95  reconsider the order upon the request of the victim if the
   96  request is made at any time after the victim has attained 18
   97  years of age. In considering the request, the court shall
   98  conduct an evidentiary hearing to determine whether a change of
   99  circumstances has occurred which warrants a change in the court
  100  order prohibiting contact and whether it is in the best interest
  101  of the victim that the court order be modified or rescinded.
  102         (2) An Any offender who violates a court order issued under
  103  this section commits a felony of the third degree, punishable as
  104  provided in s. 775.082, s. 775.083, or s. 775.084.
  105         (3) The punishment imposed under this section shall run
  106  consecutive to any former sentence imposed for a conviction for
  107  any offense under s. 794.011, s. 800.04, s. 847.0135(5), s.
  108  847.0136, or any offense in s. 775.084(1)(b)1.a.-o.
  109         Section 3. Subsection (7) of s. 784.048, Florida Statutes,
  110  is reenacted for the purpose of incorporating the amendment made
  111  by this act to s. 921.244, Florida Statutes, in a reference
  112  thereto.
  113         Section 4. This act shall take effect October 1, 2015.