Senate Bill 2140

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    Florida Senate - 1999                                  SB 2140

    By Senator Saunders





    25-1154-99

  1                      A bill to be entitled

  2         An act relating to computer pornography;

  3         amending s. 921.0022, F.S., relating to the

  4         offense severity ranking chart of the Criminal

  5         Punishment Code; ranking the offense of

  6         knowingly transmitting or disseminating by

  7         computer any notice or advertisement for the

  8         purpose of facilitating, encouraging, offering,

  9         or soliciting sexual conduct of or with a

10         minor, or visually depicting such conduct;

11         providing an effective date.

12

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

14

15         Section 1.  Paragraph (f) of subsection (3) of section

16  921.0022, Florida Statutes, 1998 Supplement, is amended to

17  read:

18         921.0022  Criminal Punishment Code; offense severity

19  ranking chart.--

20         (3)  OFFENSE SEVERITY RANKING CHART

21

22  Florida           Felony

23  Statute           Degree             Description

24

25

26                              (f)  LEVEL 6

27  316.027(1)(b)      2nd      Accident involving death, failure

28                              to stop; leaving scene.

29  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

30                              conviction.

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    Florida Senate - 1999                                  SB 2140
    25-1154-99




  1  775.0875(1)        3rd      Taking firearm from law

  2                              enforcement officer.

  3  775.21(9)          3rd      Sexual predators; failure to

  4                              register; failure to renew

  5                              driver's license or

  6                              identification card.

  7  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

  8                              without intent to kill.

  9  784.021(1)(b)      3rd      Aggravated assault; intent to

10                              commit felony.

11  784.041            3rd      Felony battery.

12  784.048(3)         3rd      Aggravated stalking; credible

13                              threat.

14  784.048(5)         3rd      Aggravated stalking of person

15                              under 16.

16  784.07(2)(c)       2nd      Aggravated assault on law

17                              enforcement officer.

18  784.08(2)(b)       2nd      Aggravated assault on a person 65

19                              years of age or older.

20  784.081(2)         2nd      Aggravated assault on specified

21                              official or employee.

22  784.082(2)         2nd      Aggravated assault by detained

23                              person on visitor or other

24                              detainee.

25  784.083(2)         2nd      Aggravated assault on code

26                              inspector.

27  787.02(2)          3rd      False imprisonment; restraining

28                              with purpose other than those in

29                              s. 787.01.

30  790.115(2)(d)      2nd      Discharging firearm or weapon on

31                              school property.

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    Florida Senate - 1999                                  SB 2140
    25-1154-99




  1  790.161(2)         2nd      Make, possess, or throw

  2                              destructive device with intent to

  3                              do bodily harm or damage

  4                              property.

  5  790.164(1)         2nd      False report of deadly explosive

  6                              or act of arson or violence to

  7                              state property.

  8  790.19             2nd      Shooting or throwing deadly

  9                              missiles into dwellings, vessels,

10                              or vehicles.

11  794.011(8)(a)      3rd      Solicitation of minor to

12                              participate in sexual activity by

13                              custodial adult.

14  794.05(1)          2nd      Unlawful sexual activity with

15                              specified minor.

16  806.031(2)         2nd      Arson resulting in great bodily

17                              harm to firefighter or any other

18                              person.

19  810.02(3)(c)       2nd      Burglary of occupied structure;

20                              unarmed; no assault or battery.

21  812.014(2)(b)      2nd      Property stolen $20,000 or more,

22                              but less than $100,000, grand

23                              theft in 2nd degree.

24  812.13(2)(c)       2nd      Robbery, no firearm or other

25                              weapon (strong-arm robbery).

26  817.034(4)(a)1.    1st      Communications fraud, value

27                              greater than $50,000.

28  817.4821(5)        2nd      Possess cloning paraphernalia

29                              with intent to create cloned

30                              cellular telephones.

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    Florida Senate - 1999                                  SB 2140
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  1  825.102(1)         3rd      Abuse of an elderly person or

  2                              disabled adult.

  3  825.102(3)(c)      3rd      Neglect of an elderly person or

  4                              disabled adult.

  5  825.1025(3)        3rd      Lewd or lascivious molestation of

  6                              an elderly person or disabled

  7                              adult.

  8  825.103(2)(c)      3rd      Exploiting an elderly person or

  9                              disabled adult and property is

10                              valued at less than $20,000.

11  827.03(1)          3rd      Abuse of a child.

12  827.03(3)(c)       3rd      Neglect of a child.

13  827.071(2)&(3)     2nd      Use or induce a child in a sexual

14                              performance, or promote or direct

15                              such performance.

16  836.05             2nd      Threats; extortion.

17  836.10             2nd      Written threats to kill or do

18                              bodily injury.

19  843.12             3rd      Aids or assists person to escape.

20  847.0135(2)        3rd      Use of computer to facilitate or

21                              solicit sexual conduct of or with

22                              a minor.

23  847.0135(3)        3rd      Solicitation of a child, via a

24                              computer service, to commit an

25                              unlawful sex act.

26  914.23             2nd      Retaliation against a witness,

27                              victim, or informant, with bodily

28                              injury.

29  943.0435(6)        3rd      Sex offenders; failure to comply

30                              with reporting requirements.

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    Florida Senate - 1999                                  SB 2140
    25-1154-99




  1  944.35(3)(a)2.     3rd      Committing malicious battery upon

  2                              or inflicting cruel or inhuman

  3                              treatment on an inmate or

  4                              offender on community

  5                              supervision, resulting in great

  6                              bodily harm.

  7  944.40             2nd      Escapes.

  8  944.46             3rd      Harboring, concealing, aiding

  9                              escaped prisoners.

10  944.47(1)(a)5.     2nd      Introduction of contraband

11                              (firearm, weapon, or explosive)

12                              into correctional facility.

13  951.22(1)          3rd      Intoxicating drug, firearm, or

14                              weapon introduced into county

15                              facility.

16         Section 2.  This act shall take effect July 1, 1999.

17

18            *****************************************

19                          SENATE SUMMARY

20    Ranks the offense of transmitting or disseminating a
      notice or advertisement by computer which facilitates,
21    encourages, offers, or solicits sexual conduct of or with
      a minor at level 6 on the offense severity ranking chart
22    of the Criminal Punishment Code.

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