House Bill 0895

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 2000                 HB 895

        By the Committee on Juvenile Justice and Representatives
    Merchant, Fiorentino, Barreiro, C. Green, Tullis, Bainter,
    Patterson, Ryan, Ritchie, Suarez and Lawson




  1                      A bill to be entitled

  2         An act relating to child pornography and

  3         exploitation; amending s. 847.001, F.S.;

  4         defining "child pornography"; conforming a

  5         cross reference; amending s. 847.0135, F.S.;

  6         requiring any person who knows, or has

  7         reasonable cause to believe, that a computer

  8         contains images of child pornography or

  9         evidence of violations of certain provisions of

10         the "Computer Pornography and Child

11         Exploitation Prevention Act of 1986," to report

12         such knowledge or belief to the Florida

13         Department of Law Enforcement; providing a

14         penalty for failure to make such report;

15         providing immunity from civil liability for

16         persons making disclosures in compliance with

17         the act; providing a penalty for making a false

18         report; requiring the Florida Department of Law

19         Enforcement to promulgate rules; providing an

20         effective date.

21

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

23

24         Section 1.  Subsections (1) through (13) of section

25  847.001, Florida Statutes, are renumbered as subsections (2)

26  through (14), respectively, present subsection (13) is

27  amended, and a new subsection (1) is added to said section to

28  read:

29         847.001  Definitions.--When used in this chapter:

30         (1)  "Child pornography" means any image depicting, or

31  intending to depict, a minor engaged in sexual conduct as

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    Florida House of Representatives - 2000                 HB 895

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  1  defined in subsection (12). An image of a mother's

  2  breastfeeding of her baby does not under any circumstance

  3  constitute "child pornography."

  4         (14)(13)  "Simulated" means the explicit depiction of

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

  6  appearance of such conduct and which exhibits any uncovered

  7  portion of the breasts, genitals, or buttocks.

  8         Section 2.  Section 847.0135, Florida Statutes, is

  9  amended to read:

10         847.0135  Computer pornography; penalties.--

11         (1)  SHORT TITLE.--This section shall be known and may

12  be cited as the "Computer Pornography and Child Exploitation

13  Prevention Act of 1986."

14         (2)  COMPUTER PORNOGRAPHY.--A person who:

15         (a)  Knowingly compiles, enters into, or transmits by

16  means of computer;

17         (b)  Makes, prints, publishes, or reproduces by other

18  computerized means;

19         (c)  Knowingly causes or allows to be entered into or

20  transmitted by means of computer; or

21         (d)  Buys, sells, receives, exchanges, or disseminates,

22

23  any notice, statement, or advertisement of, or any minor's

24  name, telephone number, place of residence, physical

25  characteristics, or other descriptive or identifying

26  information, for purposes of facilitating, encouraging,

27  offering, or soliciting sexual conduct of or with any minor,

28  or the visual depiction of such conduct, commits a felony of

29  the third degree, punishable as provided in s. 775.082, s.

30  775.083, or s. 775.084. The fact that an undercover operative

31  or law enforcement officer was involved in the detection and

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  1  investigation of an offense under this section shall not

  2  constitute a defense to a prosecution under this section. Any

  3  person who violates the provisions of this subsection commits

  4  a felony of the third degree, punishable as provided for in s.

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

  6         (3)  CERTAIN USES OF COMPUTER SERVICES PROHIBITED.--Any

  7  person who knowingly utilizes a computer on-line service,

  8  Internet service, or local bulletin board service to seduce,

  9  solicit, lure, or entice, or attempt to seduce, solicit, lure,

10  or entice, a child or another person believed by the person to

11  be a child, to commit any illegal act described in chapter

12  794, relating to sexual battery; chapter 800, relating to

13  lewdness and indecent exposure; or chapter 827, relating to

14  child abuse, commits a felony of the third degree, punishable

15  as provided in s. 775.082, s. 775.083, or s. 775.084.

16         (4)  OWNERS OR OPERATORS OF COMPUTER SERVICES

17  LIABLE.--It is unlawful for any owner or operator of a

18  computer on-line service, Internet service, or local bulletin

19  board service knowingly to permit a subscriber to utilize the

20  service to commit a violation of this section. Any person who

21  violates this section commits a misdemeanor of the first

22  degree, punishable by a fine not exceeding $2,000.

23         (5)  MANDATORY REPORTING REQUIREMENTS.--Any person,

24  including, but not limited to, any computer repair technician,

25  computer system administrator, or Internet service provider,

26  who knows, or has reasonable cause to believe, that a computer

27  contains images of child pornography as defined in s. 847.001,

28  or evidence of violations of subsections (2) or (3), shall

29  immediately report such knowledge or belief to the Florida

30  Department of Law Enforcement. Any person failing to comply

31  with the provisions of this subsection commits a misdemeanor

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  1  of the second degree, punishable as provided in s. 775.082 or

  2  s. 775.083. No person shall be held civilly liable for making

  3  disclosures in good faith to the Florida Department of Law

  4  Enforcement required under this subsection. Any person who

  5  knowingly and willfully makes a false report under this

  6  subsection commits a felony of the third degree, punishable as

  7  provided in s. 775.082, s. 775.083, or s. 775.084. The Florida

  8  Department of Law Enforcement shall promulgate rules pursuant

  9  to ss. 120.54 and 120.536(1) necessary to catalog and document

10  reports of information pursuant to this subsection.

11         (6)(5)  STATE CRIMINAL JURISDICTION.--A person is

12  subject to prosecution in this state pursuant to chapter 910

13  for any conduct proscribed by this section which the person

14  engages in, while either within or outside this state, if by

15  such conduct the person commits a violation of this section

16  involving a child residing in this state, or another person

17  believed by the person to be a child residing in this state.

18         Section 3.  This act shall take effect October 1, 2000.

19

20            *****************************************

21                          HOUSE SUMMARY

22
      Requires any person who knows, or has reasonable cause to
23    believe, that a computer contains images of child
      pornography or evidence of violations of specified
24    provisions of the "Computer Pornography and Child
      Exploitation Prevention Act of 1986" to report such
25    knowledge or belief to the Florida Department of Law
      Enforcement. Provides a second degree misdemeanor penalty
26    for failure to make such report and a third degree felony
      penalty for making a false report. Provides immunity from
27    civil liability for persons making disclosures in
      compliance with the act. Defines "child pornography" for
28    purposes of the act.

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