Senate Bill sb1164

    Florida Senate - 2005                                  SB 1164

    By Senator Posey





    24-544-05

  1                      A bill to be entitled

  2         An act relating to the transmission of sexually

  3         oriented material to a minor; creating s.

  4         847.01385, F.S.; providing definitions relating

  5         to the transmission of materials to a minor;

  6         prohibiting a person in this state or in any

  7         jurisdiction from transmitting sexually

  8         oriented material or material that is harmful

  9         to a minor by means of unsolicited electronic

10         mail or a computer pop-up; providing that a

11         violation of the act is a felony of the third

12         degree; providing criminal penalties; providing

13         an effective date.

14  

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

16  

17         Section 1.  Section 847.01385, Florida Statutes, is

18  created to read:

19         847.01385  Transmission of sexually oriented or other

20  material harmful to a minor by electronic device or equipment

21  prohibited; penalties.--

22         (1)  As used in this section, the term:

23         (a)  "Known to be a minor" means that a person knew or

24  should have known that the recipient of the communication was

25  a minor.

26         (b)  "Transmit" means the act of sending any image,

27  information, or data by use of any electronic equipment or

28  device.

29         (2)  Notwithstanding ss. 847.012 and 847.0133, a person

30  in this state may not transmit sexually oriented material or

31  an image, information, or data that is harmful to minors, as

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






    Florida Senate - 2005                                  SB 1164
    24-544-05




 1  defined in s. 847.001, to an individual in this state known to

 2  be a minor by means of unsolicited electronic mail or a

 3  computer pop-up. Any person who knew or reasonably should have

 4  known that he or she was transmitting sexually oriented

 5  material or an image, information, or data in violation of

 6  this subsection commits a felony of the third degree,

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

 8  775.084.

 9         (3)  Notwithstanding ss. 847.012 and 847.0133, a person

10  in any jurisdiction other than this state may not transmit

11  sexually oriented material or an image, information, or data

12  that is harmful to minors, as defined in s. 847.001, to an

13  individual in this state known to be a minor by means of

14  unsolicited electronic mail or a computer pop-up. Any person

15  who knew or reasonably should have known that he or she was

16  transmitting sexually oriented material or an image,

17  information, or data in violation of this subsection commits a

18  felony of the third degree, punishable as provided in s.

19  775.082, s. 775.083, or s. 775.084.

20         (4)  This section does not apply to subscription-based

21  transmissions such as list servers.

22         Section 2.  This act shall take effect July 1, 2005.

23  

24            *****************************************

25                          SENATE SUMMARY

26    Prohibits a person from transmitting sexually oriented
      material or material that is harmful to a minor by
27    unsolicited electronic mail or a computer pop-up.
      Provides that any person violating the act commits a
28    felony of the third degree. Provides criminal penalties.

29  

30  

31  

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