Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 340
       
       
       
       
       
       
                                Barcode 841384                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/21/2009           .                                
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       The Committee on Judiciary (Haridopolos) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4  
    5         Between lines 504 and 505
    6  insert:
    7         Section 7. Paragraph (a) of subsection (5) and subsection
    8  (7) of section 847.0135, Florida Statutes, are amended to read:
    9         847.0135 Computer pornography; traveling to meet minor;
   10  penalties.—
   11         (5) CERTAIN COMPUTER TRANSMISSIONS PROHIBITED.—
   12         (a) A person who:
   13         1. Intentionally masturbates;
   14         2. Intentionally exposes the genitals in a lewd or
   15  lascivious manner; or
   16         3. Intentionally commits any other sexual act that does not
   17  involve actual physical or sexual contact with the victim,
   18  including, but not limited to, sadomasochistic abuse, sexual
   19  bestiality, or the simulation of any act involving sexual
   20  activity
   21  
   22  live over a computer online service, Internet service, or local
   23  bulletin board service and who knows or should know or has
   24  reason to believe that the transmission is viewed on a computer
   25  or television monitor by a victim in this state who is less than
   26  16 years of age, commits lewd or lascivious exhibition in
   27  violation of this subsection. The fact that an undercover
   28  operative or law enforcement officer was involved in the
   29  detection and investigation of an offense under this subsection
   30  shall not constitute a defense to a prosecution under this
   31  subsection.
   32         (7) STATE CRIMINAL JURISDICTION.—A person is subject to
   33  prosecution in this state pursuant to chapter 910 for any
   34  conduct proscribed by this section which the person engages in,
   35  while either within or outside this state, if by such conduct
   36  the person commits a violation of this section involving a child
   37  residing in this state, a child’s guardian, or another person
   38  believed by the person to be a child or a child’s guardian
   39  residing in this state.
   40         Section 8. Subsections (2) and (3) of section 847.0138,
   41  Florida Statutes, are amended to read:
   42         847.0138 Transmission of material harmful to minors to a
   43  minor by electronic device or equipment prohibited; penalties.—
   44         (2) Notwithstanding ss. 847.012 and 847.0133, any person in
   45  this state who knew or believed that he or she was transmitting
   46  an image, information, or data that is harmful to minors, as
   47  defined in s. 847.001, to a specific individual known by the
   48  defendant to be a minor in this state commits a felony of the
   49  third degree, punishable as provided in s. 775.082, s. 775.083,
   50  or s. 775.084.
   51         (3) Notwithstanding ss. 847.012 and 847.0133, any person in
   52  any jurisdiction other than this state who knew or believed that
   53  he or she was transmitting an image, information, or data that
   54  is harmful to minors, as defined in s. 847.001, to a specific
   55  individual known by the defendant to be a minor in this state
   56  commits a felony of the third degree, punishable as provided in
   57  s. 775.082, s. 775.083, or s. 775.084.
   58  
   59  The provisions of this section do not apply to subscription
   60  based transmissions such as list servers.
   61  
   62  ================= T I T L E  A M E N D M E N T ================
   63         And the title is amended as follows:
   64         Delete line 20
   65  and insert:
   66         meet a minor; amending ss. 847.0135 and 847.0138,
   67         F.S.; removing residency requirements in statutes
   68         relating to computer pornography involving minor
   69         children and the transmission of material harmful to a
   70         minor by electronic device or equipment, respectively;
   71         providing an effective date.