Senate Bill 1284

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    Florida Senate - 2000                                  SB 1284

    By Senator Geller





    29-993-00

  1                      A bill to be entitled

  2         An act relating to pornography; amending s.

  3         847.001, F.S.; defining the term "child

  4         pornography" for purposes of ch. 847, F.S.;

  5         providing that it is a crime in this state for

  6         a person within the state to use the Internet

  7         to transmit harmful material to a minor within

  8         or outside of the state if the person knows or

  9         should have known that the person receiving the

10         transmission is a minor; providing that it is a

11         crime in this state for a person within the

12         state to use the Internet to transmit child

13         pornography to a person located within or

14         outside of the state; providing that it is a

15         crime in this state for a person outside of the

16         state to use the Internet to transmit child

17         pornography to a person located within the

18         state; providing penalties; providing an

19         effective date.

20

21  Be It Enacted by the Legislature of the State of Florida:

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23         Section 1.  Section 847.001, Florida Statutes, is

24  amended to read:

25         847.001  Definitions.--When used in this chapter:

26         (1)  "Child pornography" means the visual depiction of

27  sexual conduct of or with a minor.

28         (2)(1)  "Computer" means an electronic, magnetic,

29  optical, electrochemical, or other high-speed data processing

30  device performing logical, arithmetic, or storage functions

31  and includes any data storage facility or communications

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    Florida Senate - 2000                                  SB 1284
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  1  facility directly related to or operating in conjunction with

  2  such device. The term also includes: any on-line service,

  3  Internet service, or local bulletin board; any electronic

  4  storage device, including a floppy disk or other magnetic

  5  storage device; or any compact disc that has read-only memory

  6  and the capacity to store audio, video, or written materials.

  7         (3)(2)  "Deviate sexual intercourse" means sexual

  8  conduct between persons not married to each other consisting

  9  of contact between the penis and the anus, the mouth and the

10  penis, or the mouth and the vulva.

11         (4)(3)  "Harmful to minors" means that quality of any

12  description, exhibition, presentation, or representation, in

13  whatever form, of nudity, sexual conduct, or sexual excitement

14  when it:

15         (a)  Predominantly appeals to the prurient, shameful,

16  or morbid interest of minors;

17         (b)  Is patently offensive to prevailing standards in

18  the adult community as a whole with respect to what is

19  suitable material for minors; and

20         (c)  Taken as a whole, is without serious literary,

21  artistic, political, or scientific value for minors.

22

23  A mother's breastfeeding of her baby is not under any

24  circumstance "harmful to minors."

25         (5)(4)  "Minor" means any person under the age of 18

26  years.

27         (6)(5)  "Nudity" means the showing of the human male or

28  female genitals, pubic area, or buttocks with less than a

29  fully opaque covering; or the showing of the female breast

30  with less than a fully opaque covering of any portion thereof

31  below the top of the nipple; or the depiction of covered male

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    Florida Senate - 2000                                  SB 1284
    29-993-00




  1  genitals in a discernibly turgid state.  A mother's

  2  breastfeeding of her baby does not under any circumstance

  3  constitute "nudity," irrespective of whether or not the nipple

  4  is covered during or incidental to feeding.

  5         (7)(6)  "Person" includes individuals, firms,

  6  associations, corporations, and all other groups and

  7  combinations.

  8         (8)(7)  "Obscene" means the status of material which:

  9         (a)  The average person, applying contemporary

10  community standards, would find, taken as a whole, appeals to

11  the prurient interest;

12         (b)  Depicts or describes, in a patently offensive way,

13  sexual conduct as specifically defined herein; and

14         (c)  Taken as a whole, lacks serious literary,

15  artistic, political, or scientific value.

16

17  A mother's breastfeeding of her baby is not under any

18  circumstance "obscene."

19         (9)(8)  "Sadomasochistic abuse" means flagellation or

20  torture by or upon a person or animal, or the condition of

21  being fettered, bound, or otherwise physically restrained, for

22  the purpose of deriving sexual satisfaction, or satisfaction

23  brought about as a result of sadistic violence, from

24  inflicting harm on another or receiving such harm oneself.

25         (10)(9)  "Sexual battery" means oral, anal, or vaginal

26  penetration by, or union with, the sexual organ of another or

27  the anal or vaginal penetration of another by any other

28  object; however, "sexual battery" does not include an act done

29  for a bona fide medical purpose.

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    Florida Senate - 2000                                  SB 1284
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  1         (11)(10)  "Sexual bestiality" means any sexual act

  2  between a person and an animal involving the sex organ of the

  3  one and the mouth, anus, or vagina of the other.

  4         (12)(11)  "Sexual conduct" means actual or simulated

  5  sexual intercourse, deviate sexual intercourse, sexual

  6  bestiality, masturbation, or sadomasochistic abuse; actual

  7  lewd exhibition of the genitals; actual physical contact with

  8  a person's clothed or unclothed genitals, pubic area,

  9  buttocks, or, if such person is a female, breast; or any act

10  or conduct which constitutes sexual battery or simulates that

11  sexual battery is being or will be committed.  A mother's

12  breastfeeding of her baby does not under any circumstance

13  constitute "sexual conduct."

14         (13)(12)  "Sexual excitement" means the condition of

15  the human male or female genitals when in a state of sexual

16  stimulation or arousal.

17         (14)(13)  "Simulated" means the explicit depiction of

18  conduct described in subsection (12) (11) which creates the

19  appearance of such conduct and which exhibits any uncovered

20  portion of the breasts, genitals, or buttocks.

21         Section 2.  Section 847.0137, Florida Statutes, is

22  created to read:

23         847.0137  Transmission of pornography by use of the

24  Internet prohibited; penalties.--

25         (1)  Any person within this state or outside this state

26  who uses the Internet to transmit any type of harmful material

27  to a minor within this state in violation of s. 847.012, and

28  who knows or should have known that the person receiving the

29  transmission is a minor, commits a felony in this state of the

30  third degree, punishable as provided in s. 775.082, s.

31  775.083, or s. 775.084.

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    Florida Senate - 2000                                  SB 1284
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  1         (2)  Any person within this state who uses the Internet

  2  to transmit child pornography to a person located in this

  3  state or located outside this state commits a felony in this

  4  state of the third degree, punishable as provided in s.

  5  775.082, s. 775.083, or s. 775.084.

  6         (3)  Any person outside this state who uses the

  7  Internet to transmit child pornography to a person located in

  8  this state commits a felony in this state of the third degree,

  9  punishable as provided in s. 775.082, s. 775.083, or s.

10  775.084.

11         Section 3.  This act shall take effect July 1, 2000.

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14                          SENATE SUMMARY

15    Defines the term "child pornography." Provides that it is
      a third-degree felony for a person within the state to
16    use the Internet to transmit harmful material to a minor
      within or outside the state if the person knows or should
17    have known that the person receiving the transmission is
      a minor. Provides that it is a third-degree felony for a
18    person within the state to use the Internet to transmit
      child pornography to a person located within or outside
19    the state. Provides that it is a third-degree felony for
      a person outside the state to use the Internet to
20    transmit child pornography to a person located within the
      state.
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