Senate Bill sb1220c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1220
By the Committee on Criminal Justice; and Senator Posey
591-1717-06
1 A bill to be entitled
2 An act relating to the transmission of sexually
3 oriented material or material harmful to a
4 minor; creating s. 847.01385, F.S.; providing a
5 definition relating to the transmission of
6 materials to a minor or person believed to be a
7 minor; prohibiting a person in this state or
8 another jurisdiction from transmitting, by
9 means of electronic mail or computer pop-up,
10 sexually oriented material or material that is
11 harmful to minors to an individual in this
12 state who is a minor or is believed to be a
13 minor; providing that a violation of the act is
14 a felony of the third degree; precluding a
15 defense to prosecution for a violation of the
16 act; providing that the act shall not be
17 construed to prohibit prosecution of a person
18 in this state or another jurisdiction for a
19 violation of any law of this state; exempting
20 list servers from application of the act;
21 providing that the act does not create a cause
22 of action or provide for criminal charges
23 against an interactive computer service,
24 telephone company, or cable provider whose
25 equipment is used in violation of this act;
26 providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Section 847.01385, Florida Statutes, is
31 created to read:
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1220
591-1717-06
1 847.01385 Transmission of sexually oriented material
2 or material harmful to minors by electronic mail or computer
3 pop-up prohibited; penalties.--
4 (1) As used in this section, the terms "transmits" and
5 "transmission" mean the act of sending any image, information,
6 or data by use of any electronic equipment or device.
7 (2) Notwithstanding ss. 847.012 and 847.0133, any
8 person in this state who knows, should know, or believes that
9 an individual in this state is a minor and who transmits, by
10 means of electronic mail or a computer pop-up, sexually
11 oriented material, as defined in s. 847.001, or an image,
12 information, or data that is harmful to minors, as defined in
13 s. 847.001, to such individual commits a felony of the third
14 degree.
15 (3) Notwithstanding ss. 847.012 and 847.0133, a person
16 in a jurisdiction other than this state who knows, should
17 know, or believes that an individual in this state is a minor
18 and who transmits, by means of electronic mail or a computer
19 pop-up, sexually oriented material, as defined in s. 847.001,
20 or an image, information, or data that is harmful to minors,
21 as defined in s. 847.001, to such individual commits a felony
22 of the third degree.
23 (4) The fact that an undercover operative or law
24 enforcement officer was involved in the detection and
25 investigation of an offense under this section shall not
26 constitute a defense to a prosecution under this section.
27 (5) This section shall not be construed to prohibit
28 prosecution of a person in this state or another jurisdiction
29 for a violation of any law of this state, including a law
30 providing for greater penalties than prescribed in this
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1220
591-1717-06
1 section, for the transmission of sexually oriented material or
2 material harmful to minors.
3 (6) This section does not apply to subscription-based
4 transmissions such as list servers.
5 (7) This section does not create a cause of action or
6 provide for criminal charges against an interactive computer
7 service as defined in s. 668.602, a telephone company, or a
8 cable provider whose equipment is used to transport, handle,
9 or retransmit an unsolicited electronic mail or a computer
10 pop-up that violates this section.
11 Section 2. This act shall take effect July 1, 2006.
12
13 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
14 Senate Bill 1220
15
16 - Provides that a person in this state or in another
jurisdiction who "believes" that an individual in this
17 state is a minor and who transmits, by means of
electronic mail or a computer pop-up, sexually oriented
18 material or an image, information, or data that is
harmful to a minor to such individual commits a third
19 degree felony.
20 - Provides that the fact that an undercover operative or
law enforcement officer was involved in the detection and
21 investigation of a violation of the act shall not
constitute a defense to prosecution under the act.
22
- Specifies that the act shall not be construed to prohibit
23 prosecution of a person in this state or another
jurisdiction for a violation of any law of this state
24 providing penalties for electronic transmission of
sexually oriented materials or material harmful to
25 minors.
26 - Provides that the act does not create a cause of action
or provide criminal charges against an interactive
27 computer service, telephone company, or cable provider
whose equipment is used in violation of the act.
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CODING: Words stricken are deletions; words underlined are additions.