Senate Bill sb0316
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Florida Senate - 2005 SB 316
By Senator Fasano
11-305-05
1 A bill to be entitled
2 An act relating to the Criminal Punishment
3 Code; amending s. 921.0022, F.S.; including
4 offenses involving the possession of
5 photographic material containing sexual conduct
6 by a minor, the transmission of pornography by
7 electronic device, and the transmission to a
8 minor of material harmful to minors by
9 electronic device within the offense severity
10 ranking chart of the Criminal Punishment Code;
11 reclassifying within the offense severity
12 ranking chart the offense of soliciting a child
13 by a computer service to commit an unlawful
14 sexual act, which is a felony of the third
15 degree, to increase the penalty imposed for
16 that offense; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraphs (e), (f), and (g) of subsection
21 (3) of section 921.0022, Florida Statutes, are amended to
22 read:
23 921.0022 Criminal Punishment Code; offense severity
24 ranking chart.--
25 (3) OFFENSE SEVERITY RANKING CHART
26
27 Florida Felony
28 Statute Degree Description
29
30
31 (e) LEVEL 5
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Florida Senate - 2005 SB 316
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1 316.027(1)(a) 3rd Accidents involving personal
2 injuries, failure to stop;
3 leaving scene.
4 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
5 322.34(6) 3rd Careless operation of motor
6 vehicle with suspended license,
7 resulting in death or serious
8 bodily injury.
9 327.30(5) 3rd Vessel accidents involving
10 personal injury; leaving scene.
11 381.0041
12 (11)(b) 3rd Donate blood, plasma, or organs
13 knowing HIV positive.
14 440.10(1)(g) 2nd Failure to obtain workers'
15 compensation coverage.
16 440.105(5) 2nd Unlawful solicitation for the
17 purpose of making workers'
18 compensation claims.
19 440.381(2) 2nd Submission of false, misleading,
20 or incomplete information with
21 the purpose of avoiding or
22 reducing workers' compensation
23 premiums.
24 624.401(4)(b)2. 2nd Transacting insurance without a
25 certificate or authority; premium
26 collected $20,000 or more but
27 less than $100,000.
28 626.902(1)(c) 2nd Representing an unauthorized
29 insurer; repeat offender.
30 790.01(2) 3rd Carrying a concealed firearm.
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Florida Senate - 2005 SB 316
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1 790.162 2nd Threat to throw or discharge
2 destructive device.
3 790.163(1) 2nd False report of deadly explosive
4 or weapon of mass destruction.
5 790.221(1) 2nd Possession of short-barreled
6 shotgun or machine gun.
7 790.23 2nd Felons in possession of firearms,
8 ammunition, or electronic weapons
9 or devices.
10 800.04(6)(c) 3rd Lewd or lascivious conduct;
11 offender less than 18 years.
12 800.04(7)(c) 2nd Lewd or lascivious exhibition;
13 offender 18 years or older.
14 806.111(1) 3rd Possess, manufacture, or dispense
15 fire bomb with intent to damage
16 any structure or property.
17 812.0145(2)(b) 2nd Theft from person 65 years of age
18 or older; $10,000 or more but
19 less than $50,000.
20 812.015(8) 3rd Retail theft; property stolen is
21 valued at $300 or more and one or
22 more specified acts.
23 812.019(1) 2nd Stolen property; dealing in or
24 trafficking in.
25 812.131(2)(b) 3rd Robbery by sudden snatching.
26 812.16(2) 3rd Owning, operating, or conducting
27 a chop shop.
28 817.034(4)(a)2. 2nd Communications fraud, value
29 $20,000 to $50,000.
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Florida Senate - 2005 SB 316
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1 817.234(11)(b) 2nd Insurance fraud; property value
2 $20,000 or more but less than
3 $100,000.
4 817.2341(1),
5 (2)(a)&(3)(a) 3rd Filing false financial
6 statements, making false entries
7 of material fact or false
8 statements regarding property
9 values relating to the solvency
10 of an insuring entity.
11 817.568(2)(b) 2nd Fraudulent use of personal
12 identification information; value
13 of benefit, services received,
14 payment avoided, or amount of
15 injury or fraud, $5,000 or more
16 or use of personal identification
17 information of 10 or more
18 individuals.
19 817.625(2)(b) 2nd Second or subsequent fraudulent
20 use of scanning device or
21 reencoder.
22 825.1025(4) 3rd Lewd or lascivious exhibition in
23 the presence of an elderly person
24 or disabled adult.
25 827.071(4) 2nd Possess with intent to promote
26 any photographic material, motion
27 picture, etc., which includes
28 sexual conduct by a child.
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Florida Senate - 2005 SB 316
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1 827.071(5) 3rd Possess any photographic
2 material, motion picture, etc.,
3 which includes sexual conduct by
4 a child.
5 839.13(2)(b) 2nd Falsifying records of an
6 individual in the care and
7 custody of a state agency
8 involving great bodily harm or
9 death.
10 843.01 3rd Resist officer with violence to
11 person; resist arrest with
12 violence.
13 847.0137(2) & (3) 3rd Transmission of pornography by
14 electronic device or equipment.
15 847.0138(2) & (3) 3rd Transmission of material harmful
16 to minors to a minor by
17 electronic device or equipment.
18 874.05(2) 2nd Encouraging or recruiting another
19 to join a criminal street gang;
20 second or subsequent offense.
21 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
22 cocaine (or other s.
23 893.03(1)(a), (1)(b), (1)(d),
24 (2)(a), (2)(b), or (2)(c)4.
25 drugs).
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1 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
2 cannabis (or other s.
3 893.03(1)(c), (2)(c)1., (2)(c)2.,
4 (2)(c)3., (2)(c)5., (2)(c)6.,
5 (2)(c)7., (2)(c)8., (2)(c)9.,
6 (3), or (4) drugs) within 1,000
7 feet of a child care facility,
8 school, or state, county, or
9 municipal park or publicly owned
10 recreational facility or
11 community center.
12 893.13(1)(d)1. 1st Sell, manufacture, or deliver
13 cocaine (or other s.
14 893.03(1)(a), (1)(b), (1)(d),
15 (2)(a), (2)(b), or (2)(c)4.
16 drugs) within 1,000 feet of
17 university.
18 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
19 cannabis or other drug prohibited
20 under s. 893.03(1)(c), (2)(c)1.,
21 (2)(c)2., (2)(c)3., (2)(c)5.,
22 (2)(c)6., (2)(c)7., (2)(c)8.,
23 (2)(c)9., (3), or (4) within
24 1,000 feet of property used for
25 religious services or a specified
26 business site.
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1 893.13(1)(f)1. 1st Sell, manufacture, or deliver
2 cocaine (or other s.
3 893.03(1)(a), (1)(b), (1)(d), or
4 (2)(a), (2)(b), or (2)(c)4.
5 drugs) within 1,000 feet of
6 public housing facility.
7 893.13(4)(b) 2nd Deliver to minor cannabis (or
8 other s. 893.03(1)(c), (2)(c)1.,
9 (2)(c)2., (2)(c)3., (2)(c)5.,
10 (2)(c)6., (2)(c)7., (2)(c)8.,
11 (2)(c)9., (3), or (4) drugs).
12 (f) LEVEL 6
13 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
14 conviction.
15 499.0051(3) 2nd Forgery of pedigree papers.
16 499.0051(4) 2nd Purchase or receipt of legend
17 drug from unauthorized person.
18 499.0051(5) 2nd Sale of legend drug to
19 unauthorized person.
20 775.0875(1) 3rd Taking firearm from law
21 enforcement officer.
22 775.21(10) 3rd Sexual predators; failure to
23 register; failure to renew
24 driver's license or
25 identification card.
26 784.021(1)(a) 3rd Aggravated assault; deadly weapon
27 without intent to kill.
28 784.021(1)(b) 3rd Aggravated assault; intent to
29 commit felony.
30 784.041 3rd Felony battery.
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1 784.048(3) 3rd Aggravated stalking; credible
2 threat.
3 784.048(5) 3rd Aggravated stalking of person
4 under 16.
5 784.07(2)(c) 2nd Aggravated assault on law
6 enforcement officer.
7 784.074(1)(b) 2nd Aggravated assault on sexually
8 violent predators facility staff.
9 784.08(2)(b) 2nd Aggravated assault on a person 65
10 years of age or older.
11 784.081(2) 2nd Aggravated assault on specified
12 official or employee.
13 784.082(2) 2nd Aggravated assault by detained
14 person on visitor or other
15 detainee.
16 784.083(2) 2nd Aggravated assault on code
17 inspector.
18 787.02(2) 3rd False imprisonment; restraining
19 with purpose other than those in
20 s. 787.01.
21 790.115(2)(d) 2nd Discharging firearm or weapon on
22 school property.
23 790.161(2) 2nd Make, possess, or throw
24 destructive device with intent to
25 do bodily harm or damage
26 property.
27 790.164(1) 2nd False report of deadly explosive,
28 weapon of mass destruction, or
29 act of arson or violence to state
30 property.
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1 790.19 2nd Shooting or throwing deadly
2 missiles into dwellings, vessels,
3 or vehicles.
4 794.011(8)(a) 3rd Solicitation of minor to
5 participate in sexual activity by
6 custodial adult.
7 794.05(1) 2nd Unlawful sexual activity with
8 specified minor.
9 800.04(5)(d) 3rd Lewd or lascivious molestation;
10 victim 12 years of age or older
11 but less than 16 years; offender
12 less than 18 years.
13 800.04(6)(b) 2nd Lewd or lascivious conduct;
14 offender 18 years of age or
15 older.
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)1. 2nd Property stolen $20,000 or more,
22 but less than $100,000, grand
23 theft in 2nd degree.
24 812.015(9) 2nd Retail theft; property stolen
25 $300 or more; second or
26 subsequent conviction.
27 812.13(2)(c) 2nd Robbery, no firearm or other
28 weapon (strong-arm robbery).
29 817.034(4)(a)1. 1st Communications fraud, value
30 greater than $50,000.
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Florida Senate - 2005 SB 316
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1 817.4821(5) 2nd Possess cloning paraphernalia
2 with intent to create cloned
3 cellular telephones.
4 825.102(1) 3rd Abuse of an elderly person or
5 disabled adult.
6 825.102(3)(c) 3rd Neglect of an elderly person or
7 disabled adult.
8 825.1025(3) 3rd Lewd or lascivious molestation of
9 an elderly person or disabled
10 adult.
11 825.103(2)(c) 3rd Exploiting an elderly person or
12 disabled adult and property is
13 valued at less than $20,000.
14 827.03(1) 3rd Abuse of a child.
15 827.03(3)(c) 3rd Neglect of a child.
16 827.071(2)&(3) 2nd Use or induce a child in a sexual
17 performance, or promote or direct
18 such performance.
19 836.05 2nd Threats; extortion.
20 836.10 2nd Written threats to kill or do
21 bodily injury.
22 843.12 3rd Aids or assists person to escape.
23 847.0135(2)(3) 3rd Facilitates sexual conduct of or
24 with a minor or the visual
25 depiction of such conduct.
26 Solicitation of a child, via a
27 computer service, to commit an
28 unlawful sex act.
29 914.23 2nd Retaliation against a witness,
30 victim, or informant, with bodily
31 injury.
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1 943.0435(9) 3rd Sex offenders; failure to comply
2 with reporting requirements.
3 944.35(3)(a)2. 3rd Committing malicious battery upon
4 or inflicting cruel or inhuman
5 treatment on an inmate or
6 offender on community
7 supervision, resulting in great
8 bodily harm.
9 944.40 2nd Escapes.
10 944.46 3rd Harboring, concealing, aiding
11 escaped prisoners.
12 944.47(1)(a)5. 2nd Introduction of contraband
13 (firearm, weapon, or explosive)
14 into correctional facility.
15 951.22(1) 3rd Intoxicating drug, firearm, or
16 weapon introduced into county
17 facility.
18 (g) LEVEL 7
19 316.027(1)(b) 2nd Accident involving death, failure
20 to stop; leaving scene.
21 316.193(3)(c)2. 3rd DUI resulting in serious bodily
22 injury.
23 316.1935(3)(b) 1st Causing serious bodily injury or
24 death to another person; driving
25 at high speed or with wanton
26 disregard for safety while
27 fleeing or attempting to elude
28 law enforcement officer who is in
29 a patrol vehicle with siren and
30 lights activated.
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1 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
2 bodily injury.
3 402.319(2) 2nd Misrepresentation and negligence
4 or intentional act resulting in
5 great bodily harm, permanent
6 disfiguration, permanent
7 disability, or death.
8 409.920(2) 3rd Medicaid provider fraud.
9 456.065(2) 3rd Practicing a health care
10 profession without a license.
11 456.065(2) 2nd Practicing a health care
12 profession without a license
13 which results in serious bodily
14 injury.
15 458.327(1) 3rd Practicing medicine without a
16 license.
17 459.013(1) 3rd Practicing osteopathic medicine
18 without a license.
19 460.411(1) 3rd Practicing chiropractic medicine
20 without a license.
21 461.012(1) 3rd Practicing podiatric medicine
22 without a license.
23 462.17 3rd Practicing naturopathy without a
24 license.
25 463.015(1) 3rd Practicing optometry without a
26 license.
27 464.016(1) 3rd Practicing nursing without a
28 license.
29 465.015(2) 3rd Practicing pharmacy without a
30 license.
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1 466.026(1) 3rd Practicing dentistry or dental
2 hygiene without a license.
3 467.201 3rd Practicing midwifery without a
4 license.
5 468.366 3rd Delivering respiratory care
6 services without a license.
7 483.828(1) 3rd Practicing as clinical laboratory
8 personnel without a license.
9 483.901(9) 3rd Practicing medical physics
10 without a license.
11 484.013(1)(c) 3rd Preparing or dispensing optical
12 devices without a prescription.
13 484.053 3rd Dispensing hearing aids without a
14 license.
15 494.0018(2) 1st Conviction of any violation of
16 ss. 494.001-494.0077 in which the
17 total money and property
18 unlawfully obtained exceeded
19 $50,000 and there were five or
20 more victims.
21 560.123(8)(b)1. 3rd Failure to report currency or
22 payment instruments exceeding
23 $300 but less than $20,000 by
24 money transmitter.
25 560.125(5)(a) 3rd Money transmitter business by
26 unauthorized person, currency or
27 payment instruments exceeding
28 $300 but less than $20,000.
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1 655.50(10)(b)1. 3rd Failure to report financial
2 transactions exceeding $300 but
3 less than $20,000 by financial
4 institution.
5 782.051(3) 2nd Attempted felony murder of a
6 person by a person other than the
7 perpetrator or the perpetrator of
8 an attempted felony.
9 782.07(1) 2nd Killing of a human being by the
10 act, procurement, or culpable
11 negligence of another
12 (manslaughter).
13 782.071 2nd Killing of human being or viable
14 fetus by the operation of a motor
15 vehicle in a reckless manner
16 (vehicular homicide).
17 782.072 2nd Killing of a human being by the
18 operation of a vessel in a
19 reckless manner (vessel
20 homicide).
21 784.045(1)(a)1. 2nd Aggravated battery; intentionally
22 causing great bodily harm or
23 disfigurement.
24 784.045(1)(a)2. 2nd Aggravated battery; using deadly
25 weapon.
26 784.045(1)(b) 2nd Aggravated battery; perpetrator
27 aware victim pregnant.
28 784.048(4) 3rd Aggravated stalking; violation of
29 injunction or court order.
30 784.048(7) 3rd Aggravated stalking; violation of
31 court order.
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1 784.07(2)(d) 1st Aggravated battery on law
2 enforcement officer.
3 784.074(1)(a) 1st Aggravated battery on sexually
4 violent predators facility staff.
5 784.08(2)(a) 1st Aggravated battery on a person 65
6 years of age or older.
7 784.081(1) 1st Aggravated battery on specified
8 official or employee.
9 784.082(1) 1st Aggravated battery by detained
10 person on visitor or other
11 detainee.
12 784.083(1) 1st Aggravated battery on code
13 inspector.
14 790.07(4) 1st Specified weapons violation
15 subsequent to previous conviction
16 of s. 790.07(1) or (2).
17 790.16(1) 1st Discharge of a machine gun under
18 specified circumstances.
19 790.165(2) 2nd Manufacture, sell, possess, or
20 deliver hoax bomb.
21 790.165(3) 2nd Possessing, displaying, or
22 threatening to use any hoax bomb
23 while committing or attempting to
24 commit a felony.
25 790.166(3) 2nd Possessing, selling, using, or
26 attempting to use a hoax weapon
27 of mass destruction.
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1 790.166(4) 2nd Possessing, displaying, or
2 threatening to use a hoax weapon
3 of mass destruction while
4 committing or attempting to
5 commit a felony.
6 796.03 2nd Procuring any person under 16
7 years for prostitution.
8 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
9 victim less than 12 years of age;
10 offender less than 18 years.
11 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
12 victim 12 years of age or older
13 but less than 16 years; offender
14 18 years or older.
15 806.01(2) 2nd Maliciously damage structure by
16 fire or explosive.
17 810.02(3)(a) 2nd Burglary of occupied dwelling;
18 unarmed; no assault or battery.
19 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
20 unarmed; no assault or battery.
21 810.02(3)(d) 2nd Burglary of occupied conveyance;
22 unarmed; no assault or battery.
23 812.014(2)(a)1. 1st Property stolen, valued at
24 $100,000 or more; property stolen
25 while causing other property
26 damage; 1st degree grand theft.
27 812.014(2)(b)2. 2nd Property stolen, cargo valued at
28 less than $50,000, grand theft in
29 2nd degree.
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1 812.014(2)(b)3. 2nd Property stolen, emergency
2 medical equipment; 2nd degree
3 grand theft.
4 812.0145(2)(a) 1st Theft from person 65 years of age
5 or older; $50,000 or more.
6 812.019(2) 1st Stolen property; initiates,
7 organizes, plans, etc., the theft
8 of property and traffics in
9 stolen property.
10 812.131(2)(a) 2nd Robbery by sudden snatching.
11 812.133(2)(b) 1st Carjacking; no firearm, deadly
12 weapon, or other weapon.
13 817.234(8)(a) 2nd Solicitation of motor vehicle
14 accident victims with intent to
15 defraud.
16 817.234(9) 2nd Organizing, planning, or
17 participating in an intentional
18 motor vehicle collision.
19 817.234(11)(c) 1st Insurance fraud; property value
20 $100,000 or more.
21 817.2341(2)(b)&
22 (3)(b) 1st Making false entries of material
23 fact or false statements
24 regarding property values
25 relating to the solvency of an
26 insuring entity which are a
27 significant cause of the
28 insolvency of that entity.
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1 825.102(3)(b) 2nd Neglecting an elderly person or
2 disabled adult causing great
3 bodily harm, disability, or
4 disfigurement.
5 825.103(2)(b) 2nd Exploiting an elderly person or
6 disabled adult and property is
7 valued at $20,000 or more, but
8 less than $100,000.
9 827.03(3)(b) 2nd Neglect of a child causing great
10 bodily harm, disability, or
11 disfigurement.
12 827.04(3) 3rd Impregnation of a child under 16
13 years of age by person 21 years
14 of age or older.
15 837.05(2) 3rd Giving false information about
16 alleged capital felony to a law
17 enforcement officer.
18 838.015 2nd Bribery.
19 838.016 2nd Unlawful compensation or reward
20 for official behavior.
21 838.021(3)(a) 2nd Unlawful harm to a public
22 servant.
23 838.22 2nd Bid tampering.
24 847.0135(3) 3rd Solicitation of a child, via a
25 computer service, to commit an
26 unlawful sex act.
27 872.06 2nd Abuse of a dead human body.
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1 893.13(1)(c)1. 1st Sell, manufacture, or deliver
2 cocaine (or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), (2)(b), or
5 (2)(c)4.) within 1,000 feet of a
6 child care facility, school, or
7 state, county, or municipal park
8 or publicly owned recreational
9 facility or community center.
10 893.13(1)(e)1. 1st Sell, manufacture, or deliver
11 cocaine or other drug prohibited
12 under s. 893.03(1)(a), (1)(b),
13 (1)(d), (2)(a), (2)(b), or
14 (2)(c)4., within 1,000 feet of
15 property used for religious
16 services or a specified business
17 site.
18 893.13(4)(a) 1st Deliver to minor cocaine (or
19 other s. 893.03(1)(a), (1)(b),
20 (1)(d), (2)(a), (2)(b), or
21 (2)(c)4. drugs).
22 893.135(1)(a)1. 1st Trafficking in cannabis, more
23 than 25 lbs., less than 2,000
24 lbs.
25 893.135
26 (1)(b)1.a. 1st Trafficking in cocaine, more than
27 28 grams, less than 200 grams.
28 893.135
29 (1)(c)1.a. 1st Trafficking in illegal drugs,
30 more than 4 grams, less than 14
31 grams.
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1 893.135
2 (1)(d)1. 1st Trafficking in phencyclidine,
3 more than 28 grams, less than 200
4 grams.
5 893.135(1)(e)1. 1st Trafficking in methaqualone, more
6 than 200 grams, less than 5
7 kilograms.
8 893.135(1)(f)1. 1st Trafficking in amphetamine, more
9 than 14 grams, less than 28
10 grams.
11 893.135
12 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
13 grams or more, less than 14
14 grams.
15 893.135
16 (1)(h)1.a. 1st Trafficking in
17 gamma-hydroxybutyric acid (GHB),
18 1 kilogram or more, less than 5
19 kilograms.
20 893.135
21 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
22 kilogram or more, less than 5
23 kilograms.
24 893.135
25 (1)(k)2.a. 1st Trafficking in Phenethylamines,
26 10 grams or more, less than 200
27 grams.
28 896.101(5)(a) 3rd Money laundering, financial
29 transactions exceeding $300 but
30 less than $20,000.
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1 896.104(4)(a)1. 3rd Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions exceeding $300 but
5 less than $20,000.
6 Section 2. This act shall take effect July 1, 2005.
7
8 *****************************************
9 SENATE SUMMARY
10 Places the offenses of possessing photographic material
that includes sexual conduct by a child, transmitting
11 pornography by electronic device, and transmitting
harmful material to a child by electronic device on the
12 offense severity ranking chart. Reclassifies the offense
of soliciting a child by a computer service to commit an
13 unlawful sexual act under the offense severity ranking
chart of the Criminal Punishment Code to increase the
14 penalty imposed for that offense.
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21
CODING: Words stricken are deletions; words underlined are additions.