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. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 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
Anyoffender 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.