Senate Bill sb1220

    Florida Senate - 2006                                  SB 1220

    By Senator Posey





    24-42-06

  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; exempting

13         list servers from application of the act;

14         providing an effective date.

15  

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

17  

18         Section 1.  Section 847.01385, Florida Statutes, is

19  created to read:

20         847.01385  Transmission of sexually oriented or other

21  material harmful to a minor by electronic device or equipment

22  prohibited; penalties.--

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

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

25  should have known that the recipient of the communication was

26  a minor.

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

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

29  device.

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

31  in this state may not transmit sexually oriented material or

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






    Florida Senate - 2006                                  SB 1220
    24-42-06




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

 2  defined in s. 847.001, to an individual in this state who is

 3  known to be a minor by means of unsolicited electronic mail or

 4  a computer pop-up. Any person who knew or reasonably should

 5  have known that he or she was transmitting sexually oriented

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

 7  this subsection commits a felony of the third degree,

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

 9  775.084.

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

11  in any jurisdiction other than this state may not transmit

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

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

14  individual in this state who is known to be a minor by means

15  of unsolicited electronic mail or a computer pop-up. Any

16  person who knew or reasonably should have known that he or she

17  was transmitting sexually oriented material or an image,

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

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

20  775.082, s. 775.083, or s. 775.084.

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

22  transmissions such as list servers.

23         Section 2.  This act shall take effect July 1, 2006.

24  

25            *****************************************

26                          SENATE SUMMARY

27    Provides definitions for terms relating to the
      transmission of materials to a minor. Prohibits any
28    person from transmitting sexually oriented material or
      material that is harmful to a minor by means of
29    unsolicited electronic mail or a computer pop-up.
      Provides that a violation of the act is a felony of the
30    third degree. Provides criminal penalties. Exempts
      certain subscription-based transmissions from the
31    application of the act.

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