Florida Senate - 2022                      CS for CS for SB 1798
       
       
        
       By the Committees on Appropriations; and Criminal Justice; and
       Senator Book
       
       
       
       
       576-03569-22                                          20221798c2
    1                        A bill to be entitled                      
    2         An act relating to sexually related offenses; amending
    3         s. 775.0847, F.S.; redefining terms; replacing the
    4         term “child pornography” with the term “child sexual
    5         abuse material”; defining the term “identifiable
    6         minor”; revising the list of circumstances under which
    7         specified offenses may be reclassified; amending s.
    8         784.049, F.S.; increasing the monetary damages that an
    9         aggrieved person may receive as a result of violations
   10         relating to sexual cyberharassment; amending s.
   11         827.071, F.S.; defining and redefining terms;
   12         conforming provisions to changes made by the act;
   13         amending s. 828.126, F.S.; revising definitions;
   14         revising the prohibition on sexual activities with
   15         animals; increasing the criminal penalties for such
   16         sexual activities; requiring courts to issue orders
   17         prohibiting persons convicted of such sexual
   18         activities from engaging in specified activities, from
   19         residing in certain households, or from engaging in
   20         occupations or positions in which animals are present;
   21         revising applicability; creating s. 836.13, F.S.;
   22         defining terms; prohibiting the willful and malicious
   23         promotion of certain sexual depictions without
   24         consent; providing criminal penalties; providing a
   25         civil cause of action; providing applicability;
   26         providing construction; creating s. 836.14, F.S.;
   27         defining terms; prohibiting a person from committing
   28         theft of sexually explicit images with the intent to
   29         promote such images; prohibiting the possession of
   30         sexually explicit images with certain knowledge and
   31         with intent to promote without consent; prohibiting
   32         the promotion of sexually explicit images for
   33         financial gain, without consent; providing criminal
   34         penalties; providing a civil cause of action;
   35         providing applicability; providing construction;
   36         amending s. 847.001, F.S.; redefining terms; replacing
   37         the term “child pornography” with the term “child
   38         sexual abuse material”; defining the terms
   39         “identifiable minor” and “promote”; amending s.
   40         847.011, F.S.; authorizing law enforcement officers to
   41         arrest certain persons without a warrant; authorizing
   42         a search warrant to be issued for further
   43         investigation upon proper affidavits being made;
   44         amending s. 847.0137, F.S.; deleting the definition of
   45         the term “minor”; redefining the term “transmit”;
   46         conforming provisions to changes made by the act;
   47         amending s. 921.0022, F.S.; ranking offenses created
   48         by this act for purposes of the severity ranking chart
   49         of the Criminal Punishment Code; conforming provisions
   50         to changes made by the act; amending s. 960.03, F.S.;
   51         replacing the term “child pornography” with the term
   52         “child sexual abuse material”; conforming provisions
   53         to changes made by the act; amending ss. 288.1254 and
   54         847.0141, F.S.; conforming cross-references; amending
   55         ss. 39.0138, 92.56, 92.561, 435.07, 456.074, 847.002,
   56         847.01357, 847.0139, 948.06, and 960.197, F.S.;
   57         conforming provisions to changes made by the act;
   58         providing an effective date.
   59          
   60  Be It Enacted by the Legislature of the State of Florida:
   61  
   62         Section 1. Section 775.0847, Florida Statutes, is amended
   63  to read:
   64         775.0847 Possession or promotion of certain child sexual
   65  abuse material images of child pornography; reclassification.—
   66         (1) For purposes of this section:
   67         (a) “Child” or “minor” means any person, whose identity is
   68  known or unknown, younger less than 18 years of age.
   69         (b) “Child sexual abuse material” “Child pornography”
   70  means:
   71         1. Any image depicting a minor engaged in sexual conduct;
   72  or
   73         2. Any image that has been created, altered, adapted, or
   74  modified by electronic, mechanical, or other means, to portray
   75  an identifiable minor engaged in sexual conduct.
   76         (c) “Identifiable minor” means a person:
   77         1. Who was a minor at the time the image was created,
   78  altered, adapted, or modified, or whose image as a minor was
   79  used in the creating, altering, adapting, or modifying of the
   80  image; and
   81         2. Who is recognizable as an actual person by the person’s
   82  face, likeness, or other distinguishing characteristic, such as
   83  a unique birthmark, or other recognizable feature.
   84  
   85  The term may not be construed to require proof of the actual
   86  identity of the identifiable minor.
   87         (d)(c) “Sadomasochistic abuse” means flagellation or
   88  torture by or upon a person or the condition of being fettered,
   89  bound, or otherwise physically restrained, for the purpose of
   90  deriving sexual satisfaction, or satisfaction brought about as a
   91  result of sadistic violence, from inflicting harm on another or
   92  receiving such harm oneself.
   93         (e)(d) “Sexual battery” means oral, anal, or vaginal
   94  penetration by, or union with, the sexual organ of another or
   95  the anal or vaginal penetration of another by any other object;
   96  however, sexual battery does not include an act done for a bona
   97  fide medical purpose.
   98         (f)(e) “Sexual bestiality” means any sexual act, actual or
   99  simulated, between a person and an animal involving the sex
  100  organ of the one and the mouth, anus, or vagina of the other.
  101         (g)(f) “Sexual conduct” means actual or simulated sexual
  102  intercourse, deviate sexual intercourse, sexual bestiality,
  103  masturbation, or sadomasochistic abuse; actual or simulated lewd
  104  exhibition of the genitals; actual physical contact with a
  105  person’s clothed or unclothed genitals, pubic area, buttocks,
  106  or, if such person is a female, breast with the intent to arouse
  107  or gratify the sexual desire of either party; or any act or
  108  conduct which constitutes sexual battery or simulates that
  109  sexual battery is being or will be committed. A mother’s
  110  breastfeeding of her baby does not under any circumstance
  111  constitute “sexual conduct.”
  112         (2) A violation of s. 827.071, s. 847.0135, s. 847.0137, or
  113  s. 847.0138 shall be reclassified to the next higher degree as
  114  provided in subsection (3) if:
  115         (a) The offender possesses 10 or more images of any form of
  116  child sexual abuse material child pornography regardless of
  117  content; and
  118         (b) The content of at least one image contains one or more
  119  of the following:
  120         1. A child who is younger than the age of 5.
  121         2. Sadomasochistic abuse involving a child.
  122         3. Sexual battery involving a child.
  123         4. Sexual bestiality involving a child.
  124         5. Any motion picture, film, video, or computer-generated
  125  motion picture, film, or video movie involving a child,
  126  regardless of length and regardless of whether the motion
  127  picture, film, video, or computer-generated motion picture,
  128  film, or video movie contains sound.
  129         (3)(a) In the case of a felony of the third degree, the
  130  offense is reclassified to a felony of the second degree.
  131         (b) In the case of a felony of the second degree, the
  132  offense is reclassified to a felony of the first degree.
  133  
  134  For purposes of sentencing under chapter 921 and determining
  135  incentive gain-time eligibility under chapter 944, a felony
  136  offense that is reclassified under this section is ranked one
  137  level above the ranking under s. 921.0022 or s. 921.0023 of the
  138  offense committed.
  139         Section 2. Paragraph (b) of subsection (5) of section
  140  784.049, Florida Statutes, is amended to read:
  141         784.049 Sexual cyberharassment.—
  142         (5) An aggrieved person may initiate a civil action against
  143  a person who violates this section to obtain all appropriate
  144  relief in order to prevent or remedy a violation of this
  145  section, including the following:
  146         (b) Monetary damages to include $10,000 $5,000 or actual
  147  damages incurred as a result of a violation of this section,
  148  whichever is greater.
  149         Section 3. Section 827.071, Florida Statutes, is amended to
  150  read:
  151         827.071 Sexual performance by a child; child sexual abuse
  152  material; penalties.—
  153         (1) As used in this section, the following definitions
  154  shall apply:
  155         (a) “Child” or “minor” means any person, whose identity is
  156  known or unknown, younger than 18 years of age.
  157         (b) “Child sexual abuse material” means:
  158         1. Any image depicting a minor engaged in sexual conduct;
  159  or
  160         2.Any image that has been created, altered, adapted, or
  161  modified by electronic, mechanical, or other means, to portray
  162  an identifiable minor engaged in sexual conduct.
  163         (c)(a) “Deviate sexual intercourse” means sexual conduct
  164  between persons not married to each other consisting of contact
  165  between the penis and the anus, the mouth and the penis, or the
  166  mouth and the vulva.
  167         (d) Identifiable minor” means a person:
  168         1. Who was a minor at the time the image was created,
  169  altered, adapted, or modified, or whose image as a minor was
  170  used in the creating, altering, adapting, or modifying of the
  171  image; and
  172         2. Who is recognizable as an actual person by the person’s
  173  face, likeness, or other distinguishing characteristic, such as
  174  a unique birthmark, or other recognizable feature.
  175  
  176  The term may not be construed to require proof of the actual
  177  identity of the identifiable minor.
  178         (e)(b) “Intentionally view” means to deliberately,
  179  purposefully, and voluntarily view. Proof of intentional viewing
  180  requires establishing more than a single image, motion picture,
  181  exhibition, show, image, data, computer depiction,
  182  representation, or other presentation over any period of time.
  183         (f)(c) “Performance” means any play, motion picture,
  184  photograph, or dance or any other visual representation
  185  exhibited before an audience.
  186         (g)(d) “Promote” means to procure, manufacture, issue,
  187  sell, give, provide, lend, mail, deliver, transfer, transmit,
  188  transmute, publish, distribute, circulate, disseminate, present,
  189  exhibit, send, post, share, or advertise or to offer or agree to
  190  do the same.
  191         (h)(e) “Sadomasochistic abuse” means flagellation or
  192  torture by or upon a person, or the condition of being fettered,
  193  bound, or otherwise physically restrained, for the purpose of
  194  deriving sexual satisfaction from inflicting harm on another or
  195  receiving such harm oneself.
  196         (i)(f) “Sexual battery” means oral, anal, or vaginal
  197  penetration by, or union with, the sexual organ of another or
  198  the anal or vaginal penetration of another by any other object;
  199  however, “sexual battery” does not include an act done for a
  200  bona fide medical purpose.
  201         (j)(g) “Sexual bestiality” means any sexual act between a
  202  person and an animal involving the sex organ of the one and the
  203  mouth, anus, or vagina of the other.
  204         (k)(h) “Sexual conduct” means actual or simulated sexual
  205  intercourse, deviate sexual intercourse, sexual bestiality,
  206  masturbation, or sadomasochistic abuse; actual or simulated lewd
  207  exhibition of the genitals; actual physical contact with a
  208  person’s clothed or unclothed genitals, pubic area, buttocks,
  209  or, if such person is a female, breast, with the intent to
  210  arouse or gratify the sexual desire of either party; or any act
  211  or conduct which constitutes sexual battery or simulates that
  212  sexual battery is being or will be committed. A mother’s
  213  breastfeeding of her baby does not under any circumstance
  214  constitute “sexual conduct.”
  215         (l)(i) “Sexual performance” means any performance or part
  216  thereof which includes sexual conduct by a child of less than 18
  217  years of age.
  218         (m)(j) “Simulated” means the explicit depiction of conduct
  219  set forth in paragraph (k) (h) which creates the appearance of
  220  such conduct and which exhibits any uncovered portion of the
  221  breasts, genitals, or buttocks.
  222         (2) A person is guilty of the use of a child in a sexual
  223  performance if, knowing the character and content thereof, he or
  224  she employs, authorizes, or induces a child less than 18 years
  225  of age to engage in a sexual performance or, being a parent,
  226  legal guardian, or custodian of such child, consents to the
  227  participation by such child in a sexual performance. A person
  228  who Whoever violates this subsection commits is guilty of a
  229  felony of the second degree, punishable as provided in s.
  230  775.082, s. 775.083, or s. 775.084.
  231         (3) A person is guilty of promoting a sexual performance by
  232  a child when, knowing the character and content thereof, he or
  233  she produces, directs, or promotes any performance which
  234  includes sexual conduct by a child less than 18 years of age. A
  235  person who Whoever violates this subsection commits is guilty of
  236  a felony of the second degree, punishable as provided in s.
  237  775.082, s. 775.083, or s. 775.084.
  238         (4) It is unlawful for any person to possess with the
  239  intent to promote any photograph, motion picture, exhibition,
  240  show, representation, or other presentation which, in whole or
  241  in part, includes child sexual abuse material any sexual conduct
  242  by a child. The possession of three or more copies of such
  243  photograph, motion picture, representation, or presentation is
  244  prima facie evidence of an intent to promote. A person who
  245  Whoever violates this subsection commits is guilty of a felony
  246  of the second degree, punishable as provided in s. 775.082, s.
  247  775.083, or s. 775.084.
  248         (5)(a) It is unlawful for any person to knowingly possess,
  249  control, or intentionally view a photograph, motion picture,
  250  exhibition, show, representation, image, data, computer
  251  depiction, or other presentation which, in whole or in part, he
  252  or she knows to include child sexual abuse material any sexual
  253  conduct by a child. The possession, control, or intentional
  254  viewing of each such photograph, motion picture, exhibition,
  255  show, image, data, computer depiction, representation, or
  256  presentation is a separate offense. If such photograph, motion
  257  picture, exhibition, show, representation, image, data, computer
  258  depiction, or other presentation includes child sexual abuse
  259  material depicting sexual conduct by more than one child, then
  260  each such child in each such photograph, motion picture,
  261  exhibition, show, representation, image, data, computer
  262  depiction, or other presentation that is knowingly possessed,
  263  controlled, or intentionally viewed is a separate offense. A
  264  person who violates this paragraph subsection commits a felony
  265  of the third degree, punishable as provided in s. 775.082, s.
  266  775.083, or s. 775.084.
  267         (b) Paragraph (a) This subsection does not apply to any
  268  material possessed, controlled, or intentionally viewed as part
  269  of a law enforcement investigation.
  270         (6) Prosecution of a any person for an offense under this
  271  section does shall not preclude prohibit prosecution of that
  272  person in this state for a violation of any other law of this
  273  state, including a law providing for greater penalties than
  274  prescribed in this section or any other crime punishing the
  275  sexual performance or the sexual exploitation of children.
  276         Section 4. Section 828.126, Florida Statutes, is amended to
  277  read:
  278         828.126 Sexual activities involving animals.—
  279         (1) As used in this section, the term:
  280         (a)“Sexual conduct” means any touching or fondling by a
  281  person, either directly or through clothing, of the sex organs
  282  or anus of an animal or any transfer or transmission of semen by
  283  the person upon any part of the animal for the purpose of sexual
  284  gratification or arousal of the person.
  285         (b) “Sexual contact with an animal” means any act committed
  286  between a person and an animal for the purpose of sexual
  287  gratification, abuse, or financial gain which involves:
  288         (a)Contact between the sex organ or anus of one and the
  289  mouth, sex organ, or anus of the other;
  290         (b)The fondling of the sex organ or anus of an animal; or
  291         (c)The insertion, however slight, of any part of the body
  292  of a person or any object into the vaginal or anal opening of an
  293  animal, or the insertion of any part of the body of an animal
  294  into the vaginal or anal opening of a person contact, however
  295  slight, between the mouth, sex organ, or anus of a person and
  296  the sex organ or anus of an animal, or any penetration, however
  297  slight, of any part of the body of the person into the sex organ
  298  or anus of an animal, or any penetration of the sex organ or
  299  anus of the person into the mouth of the animal, for the purpose
  300  of sexual gratification or sexual arousal of the person.
  301         (2) A person may not:
  302         (a) Knowingly engage in any sexual conduct or sexual
  303  contact with an animal;
  304         (b) Knowingly cause, aid, or abet another person to engage
  305  in any sexual conduct or sexual contact with an animal;
  306         (c) Knowingly permit any sexual conduct or sexual contact
  307  with an animal to be conducted on any premises under his or her
  308  charge or control; or
  309         (d) Knowingly organize, promote, conduct, advertise, aid,
  310  abet, participate in as an observer, or advertise, offer,
  311  solicit, or accept an offer of an animal for the purpose of
  312  sexual contact with such animal, or perform any service in the
  313  furtherance of an act involving any sexual conduct or sexual
  314  contact with an animal; or
  315         (e)Knowingly film, distribute, or possess any pornographic
  316  image or video of a person and an animal engaged in any of the
  317  activities prohibited by this section for a commercial or
  318  recreational purpose.
  319         (3) A person who violates this section commits a felony of
  320  the third misdemeanor of the first degree, punishable as
  321  provided in s. 775.082, or s. 775.083, or s. 775.084.
  322         (4)In addition to other penalties prescribed by law, the
  323  court shall issue an order prohibiting a person convicted under
  324  this section from harboring, owning, possessing, or exercising
  325  control over any animal; from residing in any household in which
  326  animals are present; and from engaging in an occupation, whether
  327  paid or unpaid, or participating in a volunteer position at any
  328  establishment at which animals are present. The order may be
  329  effective for up to 5 years after the date of the conviction,
  330  regardless of whether adjudication is withheld.
  331         (5)(4) This section does not apply to accepted animal
  332  husbandry practices, including, but not limited to, bona fide
  333  agricultural purposes, assistance with the birthing process or
  334  artificial insemination of an animal for reproductive purposes,
  335  accepted conformation judging practices, or accepted veterinary
  336  medical practices.
  337         Section 5. Section 836.13, Florida Statutes, is created to
  338  read:
  339         836.13 Promotion of an altered sexual depiction; prohibited
  340  acts; penalties; applicability.—
  341         (1)As used in this section, the term:
  342         (a) “Altered sexual depiction” means any visual depiction
  343  that, as a result of any type of digital, electronic,
  344  mechanical, or other modification, alteration, or adaptation,
  345  depicts a realistic version of an identifiable person:
  346         1. With the nude body parts of another person as the nude
  347  body parts of the identifiable person;
  348         2. With computer-generated nude body parts as the nude body
  349  parts of the identifiable person; or
  350         3. Engaging in sexual conduct as defined in s. 847.001 in
  351  which the identifiable person did not engage.
  352         (b) “Identifiable person” means a person who is
  353  recognizable as an actual person by the person’s face, likeness,
  354  or other distinguishing characteristic, such as a unique
  355  birthmark, or other recognizable feature.
  356         (c) “Nude body parts” means the human male or female
  357  genitals, pubic area, or buttocks with less than fully opaque
  358  covering; or the female breast with less than a fully opaque
  359  covering of any portion thereof below the top of the nipple; or
  360  the depiction of covered male genitals in a discernibly turgid
  361  state. The term does not under any circumstances include a
  362  mother breastfeeding her baby.
  363         (d) “Promote” means to procure, manufacture, issue, sell,
  364  give, provide, lend, mail, deliver, transfer, transmit,
  365  transmute, publish, distribute, circulate, disseminate, present,
  366  exhibit, send, post, share, or advertise or to offer or agree to
  367  do the same.
  368         (e) “Visual depiction” includes, but is not limited to, a
  369  photograph, picture, image, motion picture, film, video, or
  370  representation, regardless of whether such photograph, picture,
  371  image, motion picture, film, video, or representation was made,
  372  modified, altered, adapted, or produced by digital, electronic,
  373  mechanical, or other means.
  374         (2)A person who willfully and maliciously promotes any
  375  altered sexual depiction of an identifiable person, without the
  376  consent of the identifiable person, and who knows or reasonably
  377  should have known that such visual depiction was an altered
  378  sexual depiction, commits a felony of the third degree,
  379  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  380         (3) Every act, thing, or transaction prohibited by this
  381  section constitutes a separate offense and is punishable as
  382  such.
  383         (4) The presence of a disclaimer within an altered sexual
  384  depiction which notifies a viewer that the person or persons
  385  depicted did not consent to or participate in the creation or
  386  promotion of the material, or that the person or persons
  387  depicted did not actually perform the actions portrayed, is not
  388  a defense and does not relieve a person of criminal liability
  389  under this section.
  390         (5)An aggrieved person may initiate a civil action against
  391  a person who violates subsection (2) to obtain appropriate
  392  relief in order to prevent or remedy a violation of subsection
  393  (2), including all of the following:
  394         (a) Injunctive relief.
  395         (b) Monetary damages to include $10,000 or actual damages
  396  incurred as a result of a violation of subsection (2), whichever
  397  is greater.
  398         (c) Reasonable attorney fees and costs.
  399         (6) The criminal and civil penalties of this section do not
  400  apply to:
  401         (a) A provider of an interactive computer service as
  402  defined in 47 U.S.C. s. 230(f), of an information service as
  403  defined in 47 U.S.C. s. 153, or of a communications service as
  404  defined in s. 202.11 which provides the transmission, storage,
  405  or caching of electronic communications or messages of others;
  406  another related telecommunications or commercial mobile radio
  407  service; or content provided by another person;
  408         (b) A law enforcement officer, as defined in s. 943.10, or
  409  any local, state, federal, or military law enforcement agency
  410  that promotes an altered sexual depiction in connection with the
  411  performance of his or her duties as a law enforcement officer or
  412  the duties of the law enforcement agency;
  413         (c) A person reporting unlawful activity; or
  414         (d) A person participating in a hearing, trial, or other
  415  legal proceeding.
  416         (7) A violation of this section is committed within this
  417  state if any conduct that is an element of the offense, or any
  418  harm to the depicted person resulting from the offense, occurs
  419  within this state.
  420         (8)Prosecution of a person for an offense under this
  421  section does not preclude prosecution of that person in this
  422  state for a violation of any other law of this state, including
  423  a law providing for greater penalties than prescribed in this
  424  section or any other crime related to child sexual abuse
  425  material or the sexual performance or the sexual exploitation of
  426  children.
  427         Section 6. Section 836.14, Florida Statutes, is created to
  428  read:
  429         836.14 Theft or unauthorized promotion of a sexually
  430  explicit image.—
  431         (1) As used in this section, the term:
  432         (a) “Identifiable person” has the same meaning as in s.
  433  836.13.
  434         (b) “Promote” has the same meaning as in s. 836.13.
  435         (c) “Sexually explicit image” means any image depicting
  436  nudity as defined in s. 847.001 or a person engaging in sexual
  437  conduct as defined in s. 847.001.
  438         (2)A person who commits a theft in violation of s. 812.014
  439  of a sexually explicit image with the intent to promote such
  440  image commits a felony of the third degree, punishable as
  441  provided in s. 775.082, s. 775.083, or s. 775.084.
  442         (3)A person who willfully possesses with the intent to
  443  promote a sexually explicit image that he or she knows or should
  444  have known was obtained in violation of subsection (2) commits a
  445  felony of the third degree, punishable as provided in s.
  446  775.082, s. 775.083, or s. 775.084.
  447         (4)A person who willfully promotes for the purpose of
  448  pecuniary or any other financial gain a sexually explicit image
  449  of an identifiable person without that person’s consent commits
  450  a felony of the second degree, punishable as provided in s.
  451  775.082, s. 775.083, or s. 775.084.
  452         (5) Every act, thing, or transaction prohibited by this
  453  section constitutes a separate offense and is punishable as
  454  such.
  455         (6) An aggrieved person may initiate a civil action against
  456  a person who violates this section to obtain all appropriate
  457  relief in order to prevent or remedy a violation of this
  458  section, including the following:
  459         (a) Injunctive relief.
  460         (b) Monetary damages to include $10,000 or actual damages
  461  incurred as a result of a violation of this section, whichever
  462  is greater.
  463         (c) Reasonable attorney fees and costs.
  464         (7) The criminal and civil penalties of this section do not
  465  apply to:
  466         (a) A provider of an interactive computer service as
  467  defined in 47 U.S.C. s. 230(f), of an information service as
  468  defined in 47 U.S.C. s. 153, or of a communications service as
  469  defined in s. 202.11 which provides the transmission, storage,
  470  or caching of electronic communications or messages of others;
  471  another related telecommunications or commercial mobile radio
  472  service; or content provided by another person;
  473         (b) A law enforcement officer, as defined in s. 943.10, or
  474  any local, state, federal, or military law enforcement agency
  475  that disseminates a sexually explicit image in connection with
  476  the performance of his or her duties as a law enforcement
  477  officer or the duties of the law enforcement agency;
  478         (c) A person reporting unlawful activity;
  479         (d) A person participating in a hearing, trial, or other
  480  legal proceeding;
  481         (e) Sexually explicit images involving voluntary exposure
  482  in a public or commercial setting; or
  483         (f)Sexually explicit images possessed or promoted by a
  484  bona fide news media organization for a legitimate and
  485  newsworthy purpose.
  486         (8) A violation of this section is committed within this
  487  state if any conduct that is an element of the offense, or any
  488  harm to the depicted individual resulting from the offense,
  489  occurs within this state.
  490         (9)Prosecution of a person for an offense under this
  491  section does not preclude prosecution of that person in this
  492  state for a violation of any other law of this state, including
  493  a law providing for greater penalties than prescribed in this
  494  section or any other crime related to child sexual abuse
  495  material or the sexual performance or the sexual exploitation of
  496  children.
  497         Section 7. Present subsections (7) through (11) and (12)
  498  through (20) of section 847.001, Florida Statutes, are
  499  redesignated as subsections (8) through (12) and (14) through
  500  (22), respectively, new subsections (7) and (13) are added to
  501  that section, and subsection (3) and present subsections (8),
  502  (16), and (19) of that section are amended, to read:
  503         847.001 Definitions.—As used in this chapter, the term:
  504         (3) “Child sexual abuse material” “Child pornography”
  505  means:
  506         (a) Any image depicting a minor engaged in sexual conduct;
  507  or
  508         (b)Any image that has been created, altered, adapted, or
  509  modified by electronic, mechanical, or other means, to portray
  510  an identifiable minor engaged in sexual conduct.
  511         (7) Identifiable minor” means a person:
  512         (a) Who was a minor at the time the image was created,
  513  altered, adapted, or modified, or whose image as a minor was
  514  used in the creating, altering, adapting, or modifying of the
  515  image; and
  516         (b) Who is recognizable as an actual person by the person’s
  517  face, likeness, or other distinguishing characteristic, such as
  518  a unique birthmark, or other recognizable feature.
  519  
  520  The term may not be construed to require proof of the actual
  521  identity of the identifiable minor.
  522         (9)(8) “Minor” or “child means any person, whose identity
  523  is known or unknown, younger than under the age of 18 years of
  524  age.
  525         (13) “Promote” means to procure, manufacture, issue, sell,
  526  give, provide, lend, mail, deliver, transfer, transmit,
  527  transmute, publish, distribute, circulate, disseminate, present,
  528  exhibit, send, post, share, or advertise or to offer or agree to
  529  do the same.
  530         (18)(16) “Sexual conduct” means actual or simulated sexual
  531  intercourse, deviate sexual intercourse, sexual bestiality,
  532  masturbation, or sadomasochistic abuse; actual or simulated lewd
  533  exhibition of the genitals; actual physical contact with a
  534  person’s clothed or unclothed genitals, pubic area, buttocks,
  535  or, if such person is a female, breast with the intent to arouse
  536  or gratify the sexual desire of either party; or any act or
  537  conduct which constitutes sexual battery or simulates that
  538  sexual battery is being or will be committed. A mother’s
  539  breastfeeding of her baby does not under any circumstance
  540  constitute “sexual conduct.”
  541         (21)(19) “Simulated” means the explicit depiction of
  542  conduct described in subsection (18) (16) which creates the
  543  appearance of such conduct and which exhibits any uncovered
  544  portion of the breasts, genitals, or buttocks.
  545         Section 8. Subsection (5) of section 847.011, Florida
  546  Statutes, is amended to read:
  547         847.011 Prohibition of certain acts in connection with
  548  obscene, lewd, etc., materials; penalty.—
  549         (5)(a)1. A person may not knowingly sell, lend, give away,
  550  distribute, transmit, show, or transmute; offer to sell, lend,
  551  give away, distribute, transmit, show, or transmute; have in his
  552  or her possession, custody, or control with the intent to sell,
  553  lend, give away, distribute, transmit, show, or transmute; or
  554  advertise in any manner an obscene, child-like sex doll.
  555         2.a. Except as provided in sub-subparagraph b., a person
  556  who violates this paragraph commits a felony of the third
  557  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  558  775.084.
  559         b. A person who is convicted of violating this paragraph a
  560  second or subsequent time commits a felony of the second degree,
  561  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  562         (b)1. Except as provided in subparagraph 2., a person who
  563  knowingly has in his or her possession, custody, or control an
  564  obscene, child-like sex doll commits a misdemeanor of the first
  565  degree, punishable as provided in s. 775.082 or s. 775.083.
  566         2. A person who is convicted of violating this paragraph a
  567  second or subsequent time commits a felony of the third degree,
  568  punishable as provided in s. 775.082 or s. 775.083.
  569         (c)1. A law enforcement officer may arrest without a
  570  warrant any person who he or she has probable cause to believe
  571  has violated paragraph (b).
  572         2. Upon proper affidavits being made, a search warrant may
  573  be issued to further investigate a violation of paragraph (b),
  574  including to search a private dwelling.
  575         Section 9. Subsections (1) through (4) of section 847.0137,
  576  Florida Statutes, are amended to read:
  577         847.0137 Transmission of pornography by electronic device
  578  or equipment prohibited; penalties.—
  579         (1) As used in this section, the term For purposes of this
  580  section:
  581         (a) “Minor” means any person less than 18 years of age.
  582         (b) “transmit” means the act of sending and causing to be
  583  delivered, including the act of providing access for receiving
  584  and causing to be delivered, any image, information, or data
  585  from one or more persons or places to one or more other persons
  586  or places over or through any medium, including the Internet or
  587  an interconnected network, by use of any electronic equipment or
  588  other device.
  589         (2) Notwithstanding ss. 847.012 and 847.0133, any person in
  590  this state who knew or reasonably should have known that he or
  591  she was transmitting child sexual abuse material child
  592  pornography, as defined in s. 847.001, to another person in this
  593  state or in another jurisdiction commits a felony of the third
  594  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  595  775.084.
  596         (3) Notwithstanding ss. 847.012 and 847.0133, any person in
  597  any jurisdiction other than this state who knew or reasonably
  598  should have known that he or she was transmitting child sexual
  599  abuse material child pornography, as defined in s. 847.001, to
  600  any person in this state commits a felony of the third degree,
  601  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  602         (4) This section shall not be construed to preclude
  603  prohibit prosecution of a person in this state or another
  604  jurisdiction for a violation of any law of this state, including
  605  a law providing for greater penalties than prescribed in this
  606  section, for the transmission of child sexual abuse material
  607  child pornography, as defined in s. 847.001, to any person in
  608  this state.
  609  
  610  The provisions of this section do not apply to subscription
  611  based transmissions such as list servers.
  612         Section 10. Paragraphs (c) through (f) of subsection (3) of
  613  section 921.0022, Florida Statutes, are amended to read:
  614         921.0022 Criminal Punishment Code; offense severity ranking
  615  chart.—
  616         (3) OFFENSE SEVERITY RANKING CHART
  617         (c) LEVEL 3
  618  
  619  FloridaStatute           FelonyDegree         Description          
  620  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
  621  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
  622  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
  623  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  624  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
  625  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
  626  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
  627  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  628  327.35(2)(b)                 3rd     Felony BUI.                   
  629  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  630  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  631  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  632  379.2431 (1)(e)5.            3rd     Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
  633  379.2431 (1)(e)6.            3rd     Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
  634  379.2431 (1)(e)7.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  635  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
  636  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
  637  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
  638  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
  639  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
  640  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
  641  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
  642  697.08                       3rd     Equity skimming.              
  643  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
  644  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  645  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
  646  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  647  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
  648  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
  649  812.015(8)(b)                3rd     Retail theft with intent to sell; conspires with others.
  650  812.081(2)                   3rd     Theft of a trade secret.      
  651  815.04(5)(b)                 2nd     Computer offense devised to defraud or obtain property.
  652  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  653  817.233                      3rd     Burning to defraud insurer.   
  654  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
  655  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
  656  817.236                      3rd     Filing a false motor vehicle insurance application.
  657  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  658  817.413(2)                   3rd     Sale of used goods of $1,000 or more as new.
  659  817.49(2)(b)1.               3rd     Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
  660  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
  661  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
  662  836.13(2)                    3rd     Person who promotes an altered sexual depiction of an identifiable person without consent.
  663  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
  664  843.19                       2nd     Injure, disable, or kill police, fire, or SAR canine or police horse.
  665  860.15(3)                    3rd     Overcharging for repairs and parts.
  666  870.01(2)                    3rd     Riot.                         
  667  870.01(4)                    3rd     Inciting a riot.              
  668  893.13(1)(a)2.               3rd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
  669  893.13(1)(d)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
  670  893.13(1)(f)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
  671  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
  672  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
  673  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  674  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  675  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
  676  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
  677  893.13(8)(a)1.               3rd     Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
  678  893.13(8)(a)2.               3rd     Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
  679  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
  680  893.13(8)(a)4.               3rd     Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
  681  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
  682  944.47(1)(a)1. & 2.          3rd     Introduce contraband to correctional facility.
  683  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
  684  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
  685         (d) LEVEL 4
  686  
  687  FloridaStatute             FelonyDegree        Description        
  688  316.1935(3)(a)                 2nd     Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
  689  499.0051(1)                    3rd     Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  690  499.0051(5)                    2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  691  517.07(1)                      3rd     Failure to register securities.
  692  517.12(1)                      3rd     Failure of dealer, associated person, or issuer of securities to register.
  693  784.07(2)(b)                   3rd     Battery of law enforcement officer, firefighter, etc.
  694  784.074(1)(c)                  3rd     Battery of sexually violent predators facility staff.
  695  784.075                        3rd     Battery on detention or commitment facility staff.
  696  784.078                        3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  697  784.08(2)(c)                   3rd     Battery on a person 65 years of age or older.
  698  784.081(3)                     3rd     Battery on specified official or employee.
  699  784.082(3)                     3rd     Battery by detained person on visitor or other detainee.
  700  784.083(3)                     3rd     Battery on code inspector. 
  701  784.085                        3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  702  787.03(1)                      3rd     Interference with custody; wrongly takes minor from appointed guardian.
  703  787.04(2)                      3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  704  787.04(3)                      3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  705  787.07                         3rd     Human smuggling.           
  706  790.115(1)                     3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
  707  790.115(2)(b)                  3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
  708  790.115(2)(c)                  3rd     Possessing firearm on school property.
  709  800.04(7)(c)                   3rd     Lewd or lascivious exhibition; offender less than 18 years.
  710  806.135                        2nd     Destroying or demolishing a memorial or historic property.
  711  810.02(4)(a)                   3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  712  810.02(4)(b)                   3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  713  810.06                         3rd     Burglary; possession of tools.
  714  810.08(2)(c)                   3rd     Trespass on property, armed with firearm or dangerous weapon.
  715  812.014(2)(c)3.                3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
  716  812.014 (2)(c)4.-10.           3rd     Grand theft, 3rd degree; specified items.
  717  812.0195(2)                    3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
  718  817.505(4)(a)                  3rd     Patient brokering.         
  719  817.563(1)                     3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  720  817.568(2)(a)                  3rd     Fraudulent use of personal identification information.
  721  817.625(2)(a)                  3rd     Fraudulent use of scanning device, skimming device, or reencoder.
  722  817.625(2)(c)                  3rd     Possess, sell, or deliver skimming device.
  723  828.125(1)                     2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  724  836.14(2)                      3rd     Person who commits theft of a sexually explicit image with intent to promote it.
  725  836.14(3)                      3rd     Person who possesses a sexually explicit image with certain knowledge and intent to promote it.
  726  837.02(1)                      3rd     Perjury in official proceedings.
  727  837.021(1)                     3rd     Make contradictory statements in official proceedings.
  728  838.022                        3rd     Official misconduct.       
  729  839.13(2)(a)                   3rd     Falsifying records of an individual in the care and custody of a state agency.
  730  839.13(2)(c)                   3rd     Falsifying records of the Department of Children and Families.
  731  843.021                        3rd     Possession of a concealed handcuff key by a person in custody.
  732  843.025                        3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  733  843.15(1)(a)                   3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
  734  847.0135(5)(c)                 3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
  735  870.01(3)                      2nd     Aggravated rioting.        
  736  870.01(5)                      2nd     Aggravated inciting a riot.
  737  874.05(1)(a)                   3rd     Encouraging or recruiting another to join a criminal gang.
  738  893.13(2)(a)1.                 2nd     Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
  739  914.14(2)                      3rd     Witnesses accepting bribes.
  740  914.22(1)                      3rd     Force, threaten, etc., witness, victim, or informant.
  741  914.23(2)                      3rd     Retaliation against a witness, victim, or informant, no bodily injury.
  742  916.1085 (2)(c)1.              3rd     Introduction of specified contraband into certain DCF facilities.
  743  918.12                         3rd     Tampering with jurors.     
  744  934.215                        3rd     Use of two-way communications device to facilitate commission of a crime.
  745  944.47(1)(a)6.                 3rd     Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
  746  951.22(1)(h), (j) & (k)        3rd     Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
  747         (e) LEVEL 5
  748  
  749  FloridaStatute             FelonyDegree        Description        
  750  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  751  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
  752  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
  753  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  754  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
  755  379.365(2)(c)1.                3rd     Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
  756  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  757  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
  758  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
  759  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
  760  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  761  440.381(2)                     3rd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  762  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  763  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
  764  790.01(2)                      3rd     Carrying a concealed firearm.
  765  790.162                        2nd     Threat to throw or discharge destructive device.
  766  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  767  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
  768  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  769  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
  770  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  771  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  772  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  773  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  774  812.015 (8)(a) & (c)-(e)       3rd     Retail theft; property stolen is valued at $750 or more and one or more specified acts.
  775  812.019(1)                     2nd     Stolen property; dealing in or trafficking in.
  776  812.081(3)                     2nd     Trafficking in trade secrets.
  777  812.131(2)(b)                  3rd     Robbery by sudden snatching.
  778  812.16(2)                      3rd     Owning, operating, or conducting a chop shop.
  779  817.034(4)(a)2.                2nd     Communications fraud, value $20,000 to $50,000.
  780  817.234(11)(b)                 2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  781  817.2341(1), (2)(a) & (3)(a)    3rd     Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
  782  817.568(2)(b)                  2nd     Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
  783  817.611(2)(a)                  2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  784  817.625(2)(b)                  2nd     Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  785  825.1025(4)                    3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  786  827.071(4)                     2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes child sexual abuse material sexual conduct by a child.
  787  827.071(5)                     3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child sexual abuse material sexual conduct by a child.
  788  828.12(2)                      3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  789  836.14(4)                      2nd     Person who promotes for financial gain a sexually explicit image of an identifiable person without consent.
  790  839.13(2)(b)                   2nd     Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
  791  843.01                         3rd     Resist officer with violence to person; resist arrest with violence.
  792  847.0135(5)(b)                 2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  793  847.0137 (2) & (3)             3rd     Transmission of pornography by electronic device or equipment.
  794  847.0138 (2) & (3)             3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  795  874.05(1)(b)                   2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  796  874.05(2)(a)                   2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  797  893.13(1)(a)1.                 2nd     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
  798  893.13(1)(c)2.                 2nd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  799  893.13(1)(d)1.                 1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
  800  893.13(1)(e)2.                 2nd     Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  801  893.13(1)(f)1.                 1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
  802  893.13(4)(b)                   2nd     Use or hire of minor; deliver to minor other controlled substance.
  803  893.1351(1)                    3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  804         (f) LEVEL 6
  805  
  806  FloridaStatute    FelonyDegree           Description            
  807  316.027(2)(b)        2nd   Leaving the scene of a crash involving serious bodily injury.
  808  316.193(2)(b)        3rd   Felony DUI, 4th or subsequent conviction.
  809  400.9935(4)(c)       2nd   Operating a clinic, or offering services requiring licensure, without a license.
  810  499.0051(2)          2nd   Knowing forgery of transaction history, transaction information, or transaction statement.
  811  499.0051(3)          2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
  812  499.0051(4)          2nd   Knowing sale or transfer of prescription drug to unauthorized person.
  813  775.0875(1)          3rd   Taking firearm from law enforcement officer.
  814  784.021(1)(a)        3rd   Aggravated assault; deadly weapon without intent to kill.
  815  784.021(1)(b)        3rd   Aggravated assault; intent to commit felony.
  816  784.041              3rd   Felony battery; domestic battery by strangulation.
  817  784.048(3)           3rd   Aggravated stalking; credible threat.
  818  784.048(5)           3rd   Aggravated stalking of person under 16.
  819  784.07(2)(c)         2nd   Aggravated assault on law enforcement officer.
  820  784.074(1)(b)        2nd   Aggravated assault on sexually violent predators facility staff.
  821  784.08(2)(b)         2nd   Aggravated assault on a person 65 years of age or older.
  822  784.081(2)           2nd   Aggravated assault on specified official or employee.
  823  784.082(2)           2nd   Aggravated assault by detained person on visitor or other detainee.
  824  784.083(2)           2nd   Aggravated assault on code inspector.
  825  787.02(2)            3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
  826  790.115(2)(d)        2nd   Discharging firearm or weapon on school property.
  827  790.161(2)           2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  828  790.164(1)           2nd   False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
  829  790.19               2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  830  794.011(8)(a)        3rd   Solicitation of minor to participate in sexual activity by custodial adult.
  831  794.05(1)            2nd   Unlawful sexual activity with specified minor.
  832  800.04(5)(d)         3rd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
  833  800.04(6)(b)         2nd   Lewd or lascivious conduct; offender 18 years of age or older.
  834  806.031(2)           2nd   Arson resulting in great bodily harm to firefighter or any other person.
  835  810.02(3)(c)         2nd   Burglary of occupied structure; unarmed; no assault or battery.
  836  810.145(8)(b)        2nd   Video voyeurism; certain minor victims; 2nd or subsequent offense.
  837  812.014(2)(b)1.      2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  838  812.014(6)           2nd   Theft; property stolen $3,000 or more; coordination of others.
  839  812.015(9)(a)        2nd   Retail theft; property stolen $750 or more; second or subsequent conviction.
  840  812.015(9)(b)        2nd   Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
  841  812.13(2)(c)         2nd   Robbery, no firearm or other weapon (strong-arm robbery).
  842  817.4821(5)          2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
  843  817.49(2)(b)2.       2nd   Willful making of a false report of a crime resulting in death.
  844  817.505(4)(b)        2nd   Patient brokering; 10 or more patients.
  845  825.102(1)           3rd   Abuse of an elderly person or disabled adult.
  846  825.102(3)(c)        3rd   Neglect of an elderly person or disabled adult.
  847  825.1025(3)          3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
  848  825.103(3)(c)        3rd   Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  849  827.03(2)(c)         3rd   Abuse of a child.                 
  850  827.03(2)(d)         3rd   Neglect of a child.               
  851  827.071(2) & (3)     2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
  852  828.126(3)           3rd   Sexual activities involving animals.
  853  836.05               2nd   Threats; extortion.               
  854  836.10               2nd   Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
  855  843.12               3rd   Aids or assists person to escape. 
  856  847.011              3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  857  847.012              3rd   Knowingly using a minor in the production of materials harmful to minors.
  858  847.0135(2)          3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  859  914.23               2nd   Retaliation against a witness, victim, or informant, with bodily injury.
  860  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.
  861  944.40               2nd   Escapes.                          
  862  944.46               3rd   Harboring, concealing, aiding escaped prisoners.
  863  944.47(1)(a)5.       2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  864  951.22(1)(i)         3rd   Firearm or weapon introduced into county detention facility.
  865         Section 11. Paragraph (e) of subsection (3) and subsection
  866  (10) of section 960.03, Florida Statutes, are amended to read:
  867         960.03 Definitions; ss. 960.01-960.28.—As used in ss.
  868  960.01-960.28, unless the context otherwise requires, the term:
  869         (3) “Crime” means:
  870         (e) A violation of s. 827.071, s. 847.0135, s. 847.0137, or
  871  s. 847.0138, related to online sexual exploitation and child
  872  sexual abuse material child pornography.
  873         (10) “Identified victim of child sexual abuse material
  874  child pornography” means any person who, while under the age of
  875  18, is depicted in any image or movie of child sexual abuse
  876  material child pornography and who is identified through a
  877  report generated by a law enforcement agency and provided to the
  878  National Center for Missing and Exploited Children’s Child
  879  Victim Identification Program.
  880         Section 12. Paragraph (j) of subsection (1) of section
  881  288.1254, Florida Statutes, is amended to read:
  882         288.1254 Entertainment industry financial incentive
  883  program.—
  884         (1) DEFINITIONS.—As used in this section, the term:
  885         (j) “Qualified production” means a production in this state
  886  meeting the requirements of this section. The term does not
  887  include a production:
  888         1. In which, for the first 2 years of the incentive
  889  program, less than 50 percent, and thereafter, less than 60
  890  percent, of the positions that make up its production cast and
  891  below-the-line production crew, or, in the case of digital media
  892  projects, less than 75 percent of such positions, are filled by
  893  legal residents of this state, whose residency is demonstrated
  894  by a valid Florida driver license or other state-issued
  895  identification confirming residency, or students enrolled full
  896  time in a film-and-entertainment-related course of study at an
  897  institution of higher education in this state; or
  898         2. That contains obscene content as defined in s. 847.001
  899  s. 847.001(10).
  900         Section 13. Subsection (1) of section 847.0141, Florida
  901  Statutes, is amended to read:
  902         847.0141 Sexting; prohibited acts; penalties.—
  903         (1) A minor commits the offense of sexting if he or she
  904  knowingly:
  905         (a) Uses a computer, or any other device capable of
  906  electronic data transmission or distribution, to transmit or
  907  distribute to another minor any photograph or video of any
  908  person which depicts nudity, as defined in s. 847.001 s.
  909  847.001(9), and is harmful to minors, as defined in s. 847.001
  910  s. 847.001(6).
  911         (b) Possesses a photograph or video of any person that was
  912  transmitted or distributed by another minor which depicts
  913  nudity, as defined in s. 847.001 s. 847.001(9), and is harmful
  914  to minors, as defined in s. 847.001 s. 847.001(6). A minor does
  915  not violate this paragraph if all of the following apply:
  916         1. The minor did not solicit the photograph or video.
  917         2. The minor took reasonable steps to report the photograph
  918  or video to the minor’s legal guardian or to a school or law
  919  enforcement official.
  920         3. The minor did not transmit or distribute the photograph
  921  or video to a third party.
  922         Section 14. Subsection (3) of section 39.0138, Florida
  923  Statutes, is amended to read:
  924         39.0138 Criminal history and other records checks; limit on
  925  placement of a child.—
  926         (3) The department may not place a child with a person
  927  other than a parent if the criminal history records check
  928  reveals that the person has been convicted of any felony that
  929  falls within any of the following categories:
  930         (a) Child abuse, abandonment, or neglect;
  931         (b) Domestic violence;
  932         (c) Child sexual abuse material Child pornography or other
  933  felony in which a child was a victim of the offense; or
  934         (d) Homicide, sexual battery, or other felony involving
  935  violence, other than felony assault or felony battery when an
  936  adult was the victim of the assault or battery, or resisting
  937  arrest with violence.
  938         Section 15. Subsection (3) of section 92.56, Florida
  939  Statutes, is amended to read:
  940         92.56 Judicial proceedings and court records involving
  941  sexual offenses and human trafficking.—
  942         (3) The state may use a pseudonym instead of the victim’s
  943  name to designate the victim of a crime described in s.
  944  787.06(3)(a)1., (c)1., or (e)1., in s. 787.06(3)(b), (d), (f),
  945  or (g), or in chapter 794 or chapter 800, or of child abuse,
  946  aggravated child abuse, or sexual performance by a child as
  947  described in chapter 827, or any crime involving the production,
  948  possession, or promotion of child sexual abuse material child
  949  pornography as described in chapter 847, in all court records
  950  and records of court proceedings, both civil and criminal.
  951         Section 16. Section 92.561, Florida Statutes, is amended to
  952  read:
  953         92.561 Prohibition on reproduction of child sexual abuse
  954  material child pornography.—
  955         (1) In a criminal proceeding, any property or material that
  956  portrays sexual performance by a child as defined in s. 827.071,
  957  or constitutes child sexual abuse material child pornography as
  958  defined in s. 847.001, must remain secured or locked in the
  959  care, custody, and control of a law enforcement agency, the
  960  state attorney, or the court.
  961         (2) Notwithstanding any law or rule of court, a court shall
  962  deny, in a criminal proceeding, any request by the defendant to
  963  copy, photograph, duplicate, or otherwise reproduce any property
  964  or material that portrays sexual performance by a child or
  965  constitutes child sexual abuse material child pornography so
  966  long as the state attorney makes the property or material
  967  reasonably available to the defendant.
  968         (3) For purposes of this section, property or material is
  969  deemed to be reasonably available to the defendant if the state
  970  attorney provides ample opportunity at a designated facility for
  971  the inspection, viewing, and examination of the property or
  972  material that portrays sexual performance by a child or
  973  constitutes child sexual abuse material child pornography by the
  974  defendant, his or her attorney, or any individual whom the
  975  defendant uses as an expert during the discovery process or at a
  976  court proceeding.
  977         Section 17. Paragraph (c) of subsection (4) of section
  978  435.07, Florida Statutes, is amended to read:
  979         435.07 Exemptions from disqualification.—Unless otherwise
  980  provided by law, the provisions of this section apply to
  981  exemptions from disqualification for disqualifying offenses
  982  revealed pursuant to background screenings required under this
  983  chapter, regardless of whether those disqualifying offenses are
  984  listed in this chapter or other laws.
  985         (4)
  986         (c) Disqualification from employment under this chapter may
  987  not be removed from, and an exemption may not be granted to, any
  988  current or prospective child care personnel, as defined in s.
  989  402.302(3), and such a person is disqualified from employment as
  990  child care personnel, regardless of any previous exemptions from
  991  disqualification, if the person has been registered as a sex
  992  offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has been
  993  arrested for and is awaiting final disposition of, has been
  994  convicted or found guilty of, or entered a plea of guilty or
  995  nolo contendere to, regardless of adjudication, or has been
  996  adjudicated delinquent and the record has not been sealed or
  997  expunged for, any offense prohibited under any of the following
  998  provisions of state law or a similar law of another
  999  jurisdiction:
 1000         1. A felony offense prohibited under any of the following
 1001  statutes:
 1002         a. Chapter 741, relating to domestic violence.
 1003         b. Section 782.04, relating to murder.
 1004         c. Section 782.07, relating to manslaughter, aggravated
 1005  manslaughter of an elderly person or disabled adult, aggravated
 1006  manslaughter of a child, or aggravated manslaughter of an
 1007  officer, a firefighter, an emergency medical technician, or a
 1008  paramedic.
 1009         d. Section 784.021, relating to aggravated assault.
 1010         e. Section 784.045, relating to aggravated battery.
 1011         f. Section 787.01, relating to kidnapping.
 1012         g. Section 787.025, relating to luring or enticing a child.
 1013         h. Section 787.04(2), relating to leading, taking,
 1014  enticing, or removing a minor beyond the state limits, or
 1015  concealing the location of a minor, with criminal intent pending
 1016  custody proceedings.
 1017         i. Section 787.04(3), relating to leading, taking,
 1018  enticing, or removing a minor beyond the state limits, or
 1019  concealing the location of a minor, with criminal intent pending
 1020  dependency proceedings or proceedings concerning alleged abuse
 1021  or neglect of a minor.
 1022         j. Section 794.011, relating to sexual battery.
 1023         k. Former s. 794.041, relating to sexual activity with or
 1024  solicitation of a child by a person in familial or custodial
 1025  authority.
 1026         l. Section 794.05, relating to unlawful sexual activity
 1027  with certain minors.
 1028         m. Section 794.08, relating to female genital mutilation.
 1029         n. Section 806.01, relating to arson.
 1030         o. Section 826.04, relating to incest.
 1031         p. Section 827.03, relating to child abuse, aggravated
 1032  child abuse, or neglect of a child.
 1033         q. Section 827.04, relating to contributing to the
 1034  delinquency or dependency of a child.
 1035         r. Section 827.071, relating to sexual performance by a
 1036  child.
 1037         s. Chapter 847, relating to child sexual abuse material
 1038  child pornography.
 1039         t. Chapter 893, relating to a drug abuse prevention and
 1040  control offense, if that offense was committed in the preceding
 1041  5 years.
 1042         u. Section 985.701, relating to sexual misconduct in
 1043  juvenile justice programs.
 1044         2. A misdemeanor offense prohibited under any of the
 1045  following statutes:
 1046         a. Section 784.03, relating to battery, if the victim of
 1047  the offense was a minor.
 1048         b. Section 787.025, relating to luring or enticing a child.
 1049         c. Chapter 847, relating to child sexual abuse material
 1050  child pornography.
 1051         3. A criminal act committed in another state or under
 1052  federal law which, if committed in this state, constitutes an
 1053  offense prohibited under any statute listed in subparagraph 1.
 1054  or subparagraph 2.
 1055         Section 18. Paragraph (z) of subsection (5) of section
 1056  456.074, Florida Statutes, is amended to read:
 1057         456.074 Certain health care practitioners; immediate
 1058  suspension of license.—
 1059         (5) The department shall issue an emergency order
 1060  suspending the license of any health care practitioner who is
 1061  arrested for committing or attempting, soliciting, or conspiring
 1062  to commit any act that would constitute a violation of any of
 1063  the following criminal offenses in this state or similar
 1064  offenses in another jurisdiction:
 1065         (z) Section 847.0137, relating to the transmission of child
 1066  sexual abuse material child pornography by electronic device or
 1067  equipment.
 1068         Section 19. Section 847.002, Florida Statutes, is amended
 1069  to read:
 1070         847.002 Child sexual abuse material Child pornography
 1071  prosecutions.—
 1072         (1) Any law enforcement officer who, pursuant to a criminal
 1073  investigation, recovers images or movies of child sexual abuse
 1074  material child pornography shall:
 1075         (a) Provide such images or movies to the law enforcement
 1076  agency representative assigned to the Child Victim
 1077  Identification Program at the National Center for Missing and
 1078  Exploited Children, as required by the center’s guidelines.
 1079         (b) Request the law enforcement agency contact information
 1080  from the Child Victim Identification Program for any images or
 1081  movies recovered which contain an identified victim of child
 1082  sexual abuse material child pornography as defined in s. 960.03.
 1083         (c) Provide case information to the Child Victim
 1084  Identification Program, as required by the National Center for
 1085  Missing and Exploited Children guidelines, in any case where the
 1086  law enforcement officer identifies a previously unidentified
 1087  victim of child sexual abuse material child pornography.
 1088         (2) Any law enforcement officer submitting a case for
 1089  prosecution which involves the production, promotion, or
 1090  possession of child sexual abuse material child pornography
 1091  shall submit to the designated prosecutor the law enforcement
 1092  agency contact information provided by the Child Victim
 1093  Identification Program at the National Center for Missing and
 1094  Exploited Children, for any images or movies involved in the
 1095  case which contain the depiction of an identified victim of
 1096  child sexual abuse material child pornography as defined in s.
 1097  960.03.
 1098         (3) In every filed case involving an identified victim of
 1099  child sexual abuse material child pornography, as defined in s.
 1100  960.03, the prosecuting agency shall enter the following
 1101  information into the Victims in Child Sexual Abuse Material
 1102  Child Pornography Tracking Repeat Exploitation database
 1103  maintained by the Office of the Attorney General:
 1104         (a) The case number and agency file number.
 1105         (b) The named defendant.
 1106         (c) The circuit court division and county.
 1107         (d) Current court dates and the status of the case.
 1108         (e) Contact information for the prosecutor assigned.
 1109         (f) Verification that the prosecutor is or is not in
 1110  possession of a victim impact statement and will use the
 1111  statement in sentencing.
 1112         Section 20. Subsections (1) and (4) of section 847.01357,
 1113  Florida Statutes, are amended to read:
 1114         847.01357 Exploited children’s civil remedy.—
 1115         (1) Any person who, while under the age of 18, was a victim
 1116  of a sexual abuse crime listed in chapter 794, chapter 800,
 1117  chapter 827, or chapter 847, where any portion of such abuse was
 1118  used in the production of child sexual abuse material child
 1119  pornography, and who suffers personal or psychological injury as
 1120  a result of the production, promotion, or possession of such
 1121  images or movies, may bring an action in an appropriate state
 1122  court against the producer, promoter, or possessor of such
 1123  images or movies, regardless of whether the victim is now an
 1124  adult. In any action brought under this section, a prevailing
 1125  plaintiff shall recover the actual damages such person sustained
 1126  and the cost of the suit, including reasonable attorney’s fees.
 1127  Any victim who is awarded damages under this section shall be
 1128  deemed to have sustained damages of at least $150,000.
 1129         (4) It is not a defense to a civil cause of action under
 1130  this section that the respondent did not know the victim or
 1131  commit the abuse depicted in any image of child sexual abuse
 1132  material child pornography.
 1133         Section 21. Section 847.0139, Florida Statutes, is amended
 1134  to read:
 1135         847.0139 Immunity from civil liability for reporting child
 1136  sexual abuse material child pornography, transmission of child
 1137  sexual abuse material child pornography, or any image,
 1138  information, or data harmful to minors to a minor in this
 1139  state.—Any person who reports to a law enforcement officer what
 1140  the person reasonably believes to be child sexual abuse material
 1141  child pornography, transmission of child sexual abuse material
 1142  child pornography, or any image, information, or data that is
 1143  harmful to minors to a minor in this state may not be held
 1144  civilly liable for such reporting. For purposes of this section,
 1145  such reporting may include furnishing the law enforcement
 1146  officer with any image, information, or data that the person
 1147  reasonably believes to be evidence of child sexual abuse
 1148  material child pornography, transmission of child sexual abuse
 1149  material child pornography, or an image, information, or data
 1150  that is harmful to minors to a minor in this state.
 1151         Section 22. Paragraph (c) of subsection (8) of section
 1152  948.06, Florida Statutes, is amended to read:
 1153         948.06 Violation of probation or community control;
 1154  revocation; modification; continuance; failure to pay
 1155  restitution or cost of supervision.—
 1156         (8)
 1157         (c) For purposes of this section, the term “qualifying
 1158  offense” means any of the following:
 1159         1. Kidnapping or attempted kidnapping under s. 787.01,
 1160  false imprisonment of a child under the age of 13 under s.
 1161  787.02(3), or luring or enticing a child under s. 787.025(2)(b)
 1162  or (c).
 1163         2. Murder or attempted murder under s. 782.04, attempted
 1164  felony murder under s. 782.051, or manslaughter under s. 782.07.
 1165         3. Aggravated battery or attempted aggravated battery under
 1166  s. 784.045.
 1167         4. Sexual battery or attempted sexual battery under s.
 1168  794.011(2), (3), (4), or (8)(b) or (c).
 1169         5. Lewd or lascivious battery or attempted lewd or
 1170  lascivious battery under s. 800.04(4), lewd or lascivious
 1171  molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious
 1172  conduct under s. 800.04(6)(b), lewd or lascivious exhibition
 1173  under s. 800.04(7)(b), or lewd or lascivious exhibition on
 1174  computer under s. 847.0135(5)(b).
 1175         6. Robbery or attempted robbery under s. 812.13, carjacking
 1176  or attempted carjacking under s. 812.133, or home invasion
 1177  robbery or attempted home invasion robbery under s. 812.135.
 1178         7. Lewd or lascivious offense upon or in the presence of an
 1179  elderly or disabled person or attempted lewd or lascivious
 1180  offense upon or in the presence of an elderly or disabled person
 1181  under s. 825.1025.
 1182         8. Sexual performance by a child or attempted sexual
 1183  performance by a child under s. 827.071.
 1184         9. Computer pornography under s. 847.0135(2) or (3),
 1185  transmission of child sexual abuse material child pornography
 1186  under s. 847.0137, or selling or buying of minors under s.
 1187  847.0145.
 1188         10. Poisoning food or water under s. 859.01.
 1189         11. Abuse of a dead human body under s. 872.06.
 1190         12. Any burglary offense or attempted burglary offense that
 1191  is either a first degree felony or second degree felony under s.
 1192  810.02(2) or (3).
 1193         13. Arson or attempted arson under s. 806.01(1).
 1194         14. Aggravated assault under s. 784.021.
 1195         15. Aggravated stalking under s. 784.048(3), (4), (5), or
 1196  (7).
 1197         16. Aircraft piracy under s. 860.16.
 1198         17. Unlawful throwing, placing, or discharging of a
 1199  destructive device or bomb under s. 790.161(2), (3), or (4).
 1200         18. Treason under s. 876.32.
 1201         19. Any offense committed in another jurisdiction which
 1202  would be an offense listed in this paragraph if that offense had
 1203  been committed in this state.
 1204         Section 23. Section 960.197, Florida Statutes, is amended
 1205  to read:
 1206         960.197 Assistance to victims of online sexual exploitation
 1207  and child sexual abuse material child pornography.—
 1208         (1) Notwithstanding the criteria set forth in s. 960.13 for
 1209  crime victim compensation awards, the department may award
 1210  compensation for counseling and other mental health services to
 1211  treat psychological injury or trauma to:
 1212         (a) A child younger than 18 years of age who suffers
 1213  psychiatric or psychological injury as a direct result of online
 1214  sexual exploitation under any provision of s. 827.071, s.
 1215  847.0135, s. 847.0137, or s. 847.0138, and who does not
 1216  otherwise sustain a personal injury or death; or
 1217         (b) Any person who, while younger than age 18, was depicted
 1218  in any image or movie, regardless of length, of child sexual
 1219  abuse material child pornography as defined in s. 847.001, who
 1220  has been identified by a law enforcement agency or the National
 1221  Center for Missing and Exploited Children as an identified
 1222  victim of child sexual abuse material child pornography, who
 1223  suffers psychiatric or psychological injury as a direct result
 1224  of the crime, and who does not otherwise sustain a personal
 1225  injury or death.
 1226         (2) Compensation under this section is not contingent upon
 1227  pursuit of a criminal investigation or prosecution.
 1228         Section 24. This act shall take effect October 1, 2022.