1 | A bill to be entitled |
2 | An act relating to the distribution of material harmful to |
3 | minors; amending s. 847.001, F.S.; redefining the term |
4 | "harmful to minors"; amending s. 847.011, F.S.; providing |
5 | that it is a third-degree felony for any person to sell, |
6 | distribute, transmit, advertise, or possess with the |
7 | intent to sell, distribute, transmit, or advertise certain |
8 | materials to minors; providing that ignorance of a minor's |
9 | age or the minor's consent is not a defense in a |
10 | prosecution for such a violation; amending s. 847.012, |
11 | F.S.; prohibiting a person from knowingly using a minor in |
12 | the production of certain materials, regardless of whether |
13 | those materials are intended for distribution to minors or |
14 | actually distributed to minors; providing a penalty; |
15 | providing that ignorance of a minor's age or the minor's |
16 | consent is not a defense in a prosecution for specified |
17 | violations; amending s. 847.013, F.S.; providing that it |
18 | is a first-degree misdemeanor for any person to knowingly |
19 | use a minor in the production of certain materials |
20 | depicting certain images, representations, or acts; |
21 | providing that ignorance of a minor's age or the minor's |
22 | consent is not a defense in a prosecution for specified |
23 | violations; revising legislative intent concerning the |
24 | enforcement of such laws with respect to minors; amending |
25 | s. 847.0133, F.S.; providing that it is a felony of the |
26 | third degree for any person to knowingly give away, |
27 | distribute, transmit, or show any obscene material to a |
28 | minor, display, distribute, transmit, or show erotic |
29 | nudity to a minor, or distribute, display, transmit, or |
30 | show erotic fondling to a minor; amending s. 921.0022, |
31 | F.S., relating to the offense severity ranking chart of |
32 | the Criminal Punishment Code; establishing offense levels |
33 | to conform to changes made by the act; providing an |
34 | effective date. |
35 |
|
36 | Be It Enacted by the Legislature of the State of Florida: |
37 |
|
38 | Section 1. Subsection (6) of section 847.001, Florida |
39 | Statutes, is amended to read: |
40 | 847.001 Definitions.--As used in this chapter, the term: |
41 | (6) "Harmful to minors" means any reproduction, imitation, |
42 | characterization, description, exhibition, presentation, or |
43 | representation, of whatever kind or form, depicting nudity, |
44 | sexual conduct, or sexual excitement when it: |
45 | (a) Predominantly appeals to the prurient, shameful, or |
46 | morbid interest of minors; |
47 | (b) Is patently offensive to prevailing standards in the |
48 | adult community as a whole with respect to what is suitable |
49 | material or conduct for minors; and |
50 | (c) Taken as a whole, is without serious literary, |
51 | artistic, political, or scientific value for minors. |
52 |
|
53 | A mother's breastfeeding of her baby is not under any |
54 | circumstance "harmful to minors." |
55 | Section 2. Subsections (1) and (2) of section 847.011, |
56 | Florida Statutes, are amended to read: |
57 | 847.011 Prohibition of certain acts in connection with |
58 | obscene, lewd, etc., materials; penalty.-- |
59 | (1)(a) Any person who knowingly sells, lends, gives away, |
60 | distributes, transmits, shows, or transmutes, or offers to sell, |
61 | lend, give away, distribute, transmit, show, or transmute, or |
62 | has in his or her possession, custody, or control with intent to |
63 | sell, lend, give away, distribute, transmit, show, transmute, or |
64 | advertise in any manner, any obscene book, magazine, periodical, |
65 | pamphlet, newspaper, comic book, story paper, written or printed |
66 | story or article, writing, paper, card, picture, drawing, |
67 | photograph, motion picture film, figure, image, phonograph |
68 | record, or wire or tape or other recording, or any written, |
69 | printed, or recorded matter of any such character which may or |
70 | may not require mechanical or other means to be transmuted into |
71 | auditory, visual, or sensory representations of such character, |
72 | or any article or instrument for obscene use, or purporting to |
73 | be for obscene use or purpose; or who knowingly designs, copies, |
74 | draws, photographs, poses for, writes, prints, publishes, or in |
75 | any manner whatsoever manufactures or prepares any such |
76 | material, matter, article, or thing of any such character; or |
77 | who knowingly writes, prints, publishes, or utters, or causes to |
78 | be written, printed, published, or uttered, any advertisement or |
79 | notice of any kind, giving information, directly or indirectly, |
80 | stating, or purporting to state, where, how, of whom, or by what |
81 | means any, or what purports to be any, such material, matter, |
82 | article, or thing of any such character can be purchased, |
83 | obtained, or had; or who in any manner knowingly hires, employs, |
84 | uses, or permits any person knowingly to do or assist in doing |
85 | any act or thing mentioned above, commits is guilty of a |
86 | misdemeanor of the first degree, punishable as provided in s. |
87 | 775.082 or s. 775.083. A person who, after having been convicted |
88 | of a violation of this subsection, thereafter violates any of |
89 | its provisions, commits is guilty of a felony of the third |
90 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
91 | 775.084. |
92 | (b) The knowing possession by any person of three or more |
93 | identical or similar materials, matters, articles, or things |
94 | coming within the provisions of paragraph (a) is prima facie |
95 | evidence of the violation of the said paragraph. |
96 | (c) A person who commits a violation of paragraph (a) or |
97 | subsection (2) which is based on materials that depict a minor |
98 | engaged in any act or conduct that is harmful to minors commits |
99 | a felony of the third degree, punishable as provided in s. |
100 | 775.082, s. 775.083, or s. 775.084. |
101 | (d) A person's ignorance of a minor's age, a minor's |
102 | misrepresentation of his or her age, a bona fide belief of a |
103 | minor's age, or a minor's consent may not be raised as a defense |
104 | in a prosecution for one or more violations of paragraph (a) or |
105 | subsection (2). |
106 | (2) A person who knowingly has in his or her possession, |
107 | custody, or control any obscene book, magazine, periodical, |
108 | pamphlet, newspaper, comic book, story paper, written or printed |
109 | story or article, writing, paper, card, picture, drawing, |
110 | photograph, motion picture film, film, any sticker, decal, |
111 | emblem or other device attached to a motor vehicle containing |
112 | obscene descriptions, photographs, or depictions, any figure, |
113 | image, phonograph record, or wire or tape or other recording, or |
114 | any written, printed, or recorded matter of any such character |
115 | which may or may not require mechanical or other means to be |
116 | transmuted into auditory, visual, or sensory representations of |
117 | such character, or any article or instrument for obscene use, or |
118 | purporting to be for obscene use or purpose, without intent to |
119 | sell, lend, give away, distribute, transmit, show, transmute, or |
120 | advertise the same, commits is guilty of a misdemeanor of the |
121 | second degree, punishable as provided in s. 775.082 or s. |
122 | 775.083. A person who, after having been convicted of violating |
123 | this subsection, thereafter violates any of its provisions |
124 | commits is guilty of a misdemeanor of the first degree, |
125 | punishable as provided in s. 775.082 or s. 775.083. In any |
126 | prosecution for such possession, it is shall not be necessary to |
127 | allege or prove the absence of such intent. |
128 | Section 3. Section 847.012, Florida Statutes, is amended |
129 | to read: |
130 | 847.012 Prohibition of sale or other distribution of |
131 | harmful materials to persons under 18 years of age; penalty.-- |
132 | (1) As used in this section, "knowingly" means having the |
133 | general knowledge of, reason to know, or a belief or ground for |
134 | belief which warrants further inspection or inquiry of both: |
135 | (a) The character and content of any material described in |
136 | this section herein which is reasonably susceptible of |
137 | examination by the defendant;, and |
138 | (b) The age of the minor; however, an honest mistake shall |
139 | constitute an excuse from liability hereunder if the defendant |
140 | made a reasonable bona fide attempt to ascertain the true age of |
141 | such minor. |
142 | (2) A person's ignorance of a minor's age, a minor's |
143 | misrepresentation of his or her age, a bona fide belief of a |
144 | minor's age, or a minor's consent may not be raised as a defense |
145 | in a prosecution for a violation of this section. |
146 | (3)(2) A It is unlawful for any person may not knowingly |
147 | to sell, rent, or loan for monetary consideration to a minor: |
148 | (a) Any picture, photograph, drawing, sculpture, motion |
149 | picture film, videocassette, or similar visual representation or |
150 | image of a person or portion of the human body which depicts |
151 | nudity or sexual conduct, sexual excitement, sexual battery, |
152 | bestiality, or sadomasochistic abuse and which is harmful to |
153 | minors;, or |
154 | (b) Any book, pamphlet, magazine, printed matter however |
155 | reproduced, or sound recording that which contains any matter |
156 | defined in s. 847.001, explicit and detailed verbal descriptions |
157 | or narrative accounts of sexual excitement, or sexual conduct |
158 | and that which is harmful to minors. |
159 | (4) A person may not knowingly use a minor in the |
160 | production of any material described in subsection (3), |
161 | regardless of whether the material is intended for distribution |
162 | to minors or is actually distributed to minors. |
163 | (5)(3) Any person violating any provision of this section |
164 | commits is guilty of a felony of the third degree, punishable as |
165 | provided in s. 775.082, s. 775.083, or s. 775.084. |
166 | (6)(4) Every act, thing, or transaction forbidden by this |
167 | section constitutes a separate offense and is punishable as |
168 | such. |
169 | (7)(5)(a) The circuit court has jurisdiction to enjoin a |
170 | violation of this section upon complaint filed by the state |
171 | attorney in the name of the state upon the relation of such |
172 | state attorney. |
173 | (b) After the filing of such a complaint, the judge to |
174 | whom it is presented may grant an order restraining the person |
175 | complained of until final hearing or further order of the court. |
176 | Whenever the relator state attorney requests a judge of such |
177 | court to set a hearing upon an application for such a |
178 | restraining order, the such judge shall set the such hearing for |
179 | a time within 3 days after the making of the such request. The |
180 | No such order may not shall be made unless the such judge is |
181 | satisfied that sufficient notice of the application therefor has |
182 | been given to the party restrained of the time when and place |
183 | where the application for the such restraining order is to be |
184 | made. |
185 | (c) The person sought to be enjoined is shall be entitled |
186 | to a trial of the issues within 1 day after joinder of issue, |
187 | and a decision shall be rendered by the court within 2 days |
188 | after of the conclusion of the trial. |
189 | (d) If In the event that a final decree of injunction is |
190 | entered, it must shall contain a provision directing the |
191 | defendant having the possession, custody, or control of the |
192 | materials, matters, articles, or things affected by the |
193 | injunction to surrender the same to the sheriff and requiring |
194 | the sheriff to seize and destroy the same. The sheriff shall |
195 | file a certificate of her or his compliance. |
196 | (e) In any action brought as provided in this section, a |
197 | no bond or undertaking may not shall be required of the state or |
198 | the state attorney before the issuance of a restraining order |
199 | provided for by paragraph (b), and there shall be no liability |
200 | on the part of the state or the state attorney may not be held |
201 | liable for costs or for damages sustained by reason of the such |
202 | restraining order in any case where a final decree is rendered |
203 | in favor of the person sought to be enjoined. |
204 | (f) Every person who has possession, custody, or control |
205 | of, or otherwise deals with, any of the materials, matters, |
206 | articles, or things described in this section, after the service |
207 | upon her or him of a summons and complaint in an action for |
208 | injunction brought under this section, is chargeable with |
209 | knowledge of the contents and character thereof. |
210 | (8)(6) The several sheriffs and state attorneys shall |
211 | vigorously enforce this section within their respective |
212 | jurisdictions. |
213 | (9)(7) This section does not apply to the exhibition of |
214 | motion pictures, shows, presentations, or other representations |
215 | regulated under the provisions of s. 847.013. |
216 | Section 4. Section 847.013, Florida Statutes, is amended |
217 | to read: |
218 | 847.013 Exposing minors to or using minors in the |
219 | production of harmful motion pictures, exhibitions, shows, |
220 | presentations, or representations.-- |
221 | (1) "KNOWINGLY" DEFINED.--As used in this section |
222 | "knowingly" means having general knowledge of, reason to know, |
223 | or a belief or ground for belief which warrants further |
224 | inspection or inquiry of both: |
225 | (a) The character and content of any motion picture |
226 | described herein which is reasonably susceptible of examination |
227 | by the defendant, or the character of any exhibition, |
228 | presentation, representation, or show described herein, other |
229 | than a motion picture show, which is reasonably susceptible of |
230 | being ascertained by the defendant;, and |
231 | (b) The age of the minor; however, an honest mistake shall |
232 | constitute an excuse from liability hereunder if the defendant |
233 | made a reasonable bona fide attempt to ascertain the true age of |
234 | such minor. |
235 | (2) MINOR'S AGE.--A person's ignorance of a minor's age, a |
236 | minor's misrepresentation of his or her age, a bona fide belief |
237 | of a minor's age, or a minor's consent may not be raised as a |
238 | defense in a prosecution for a violation of this section. |
239 | (3)(2) OFFENSES AND PENALTIES.-- |
240 | (a) A It is unlawful for any person may not knowingly to |
241 | exhibit for a monetary consideration to a minor or knowingly to |
242 | sell or rent a videotape of a motion picture to a minor or |
243 | knowingly sell to a minor an admission ticket or pass or |
244 | knowingly admit a minor for a monetary consideration to premises |
245 | whereon there is exhibited a motion picture, exhibition, show, |
246 | representation, or other presentation which, in whole or in |
247 | part, depicts nudity, sexual conduct, sexual excitement, sexual |
248 | battery, bestiality, or sadomasochistic abuse and which is |
249 | harmful to minors. |
250 | (b) A It is unlawful for any person may not knowingly to |
251 | rent or sell, or loan to a minor for monetary consideration, a |
252 | videocassette or a videotape of a motion picture, or similar |
253 | presentation, which, in whole or in part, depicts nudity, sexual |
254 | conduct, sexual excitement, sexual battery, bestiality, or |
255 | sadomasochistic abuse and which is harmful to minors. |
256 | (c) The provisions of paragraph (a) do not apply to a |
257 | minor when the minor is accompanied by his or her parents or |
258 | either of them. |
259 | (d) A It is unlawful for any minor may not to falsely |
260 | represent to the owner of any premises mentioned in paragraph |
261 | (a), or to the owner's agent, or to any person mentioned in |
262 | paragraph (b), that the such minor is 17 years of age or older, |
263 | with the intent to procure the such minor's admission to such |
264 | premises, or the such minor's purchase or rental of a videotape, |
265 | for a monetary consideration. |
266 | (e) A It is unlawful for any person may not to knowingly |
267 | make a false representation to the owner of any premises |
268 | mentioned in paragraph (a), or to the owner's agent, or to any |
269 | person mentioned in paragraph (b), that he or she is the parent |
270 | of any minor or that any minor is 17 years of age or older, with |
271 | intent to procure the such minor's admission to the such |
272 | premises or to aid the such minor in procuring admission |
273 | thereto, or to aid or enable the such minor's purchase or rental |
274 | of a videotape, for a monetary consideration. |
275 | (f) A person may not knowingly use a minor in the |
276 | production of any motion picture, exhibition, show, |
277 | representation, or other presentation that, in whole or in part, |
278 | depicts nudity, sexual conduct, sexual excitement, sexual |
279 | battery, bestiality, or sadomasochistic abuse and that is |
280 | harmful to minors. |
281 | (g)(f) A violation of any provision of this subsection |
282 | constitutes a misdemeanor of the first degree, punishable as |
283 | provided in s. 775.082 or s. 775.083. |
284 | (4)(3) INJUNCTIVE PROCEEDINGS.-- |
285 | (a) The circuit court has jurisdiction to enjoin a |
286 | threatened violation of subsection (2) upon complaint filed by |
287 | the state attorney in the name of the state upon the relation of |
288 | such state attorney. |
289 | (b) After the filing of such a complaint, the judge to |
290 | whom it is presented may grant an order restraining the person |
291 | or persons complained of until final hearing or further order of |
292 | the court. Whenever the relator requests a judge of the such |
293 | court to set a hearing upon an application for such a |
294 | restraining order, the such judge shall set the such hearing for |
295 | a time within 3 days after the making of the such request. An No |
296 | such order may not shall be made unless the such judge is |
297 | satisfied that sufficient notice of the application therefor has |
298 | been given to the person or persons restrained of the time when |
299 | and place where the application for the such restraining order |
300 | is to be heard. However, the such notice shall be dispensed with |
301 | when it is manifest to the such judge, from the allegations of a |
302 | sworn complaint or independent affidavit, sworn to by the |
303 | relator or by some person associated with him or her in the |
304 | field of law enforcement and filed by the relator, that the |
305 | apprehended violation will be committed if an immediate remedy |
306 | is not afforded. |
307 | (c) The person or persons sought to be enjoined are shall |
308 | be entitled to a trial of the issues within 1 day after joinder |
309 | of issue, and a decision shall be rendered by the court within 2 |
310 | days after the conclusion of the trial. |
311 | (d) In any action brought as provided in this section, a |
312 | no bond or undertaking is not shall be required of the state or |
313 | the relator state attorney before the issuance of a restraining |
314 | order provided for by this section, and there is shall be no |
315 | liability on the part of the state or the relator state attorney |
316 | for costs or damages sustained by reason of such restraining |
317 | order in any case in which a final decree is rendered in favor |
318 | of the person or persons sought to be enjoined. |
319 | (e) Every person who has possession, custody, or control |
320 | of, or otherwise deals with, any motion picture, exhibition, |
321 | show, representation, or presentation described in this section, |
322 | after the service upon him or her of a summons and complaint in |
323 | an action for injunction brought under this section, is |
324 | chargeable with knowledge of the contents or character thereof. |
325 | (5)(4) LEGISLATIVE INTENT.--In order to make the |
326 | application and enforcement of this section uniform throughout |
327 | the state, it is the intent of the Legislature to preempt the |
328 | field, to the exclusion of counties and municipalities, insofar |
329 | as it concerns exposing persons under 17 years of age to harmful |
330 | motion pictures, exhibitions, shows, representations, and |
331 | presentations, and commercial or sexual exploitation. To that |
332 | end, it is hereby declared that every county ordinance and every |
333 | municipal ordinance adopted prior to July 1, 1969, and relating |
334 | to such subject shall stand abrogated and unenforceable on and |
335 | after such date and that no county, municipality, or |
336 | consolidated county-municipal government shall have the power to |
337 | adopt any ordinance relating to that subject on or after such |
338 | effective date. |
339 | Section 5. Section 847.0133, Florida Statutes, is amended |
340 | to read: |
341 | 847.0133 Protection of minors; prohibition of certain acts |
342 | in connection with obscenity; prohibition of displaying erotic |
343 | nudity or erotic fondling to minors; penalty.-- |
344 | (1) A It is unlawful for any person may not knowingly to |
345 | sell, rent, loan, give away, distribute, transmit, or show any |
346 | obscene material to a minor. For purposes of this section |
347 | "obscene material" means any obscene book, magazine, periodical, |
348 | pamphlet, newspaper, comic book, story paper, written or printed |
349 | story or article, writing paper, card, picture, drawing, |
350 | photograph, motion picture film, figure, image, videotape, |
351 | videocassette, phonograph record, or wire or tape or other |
352 | recording, or any written, printed, or recorded matter of any |
353 | such character which may or may not require mechanical or other |
354 | means to be transmuted into auditory, visual, or sensory |
355 | representations of such character, or any article or instrument |
356 | for obscene use, or purporting to be for obscene use or purpose. |
357 | The term "obscene" has shall have the same meaning as set forth |
358 | in s. 847.001. |
359 | (2)(a) A person may not knowingly sell, rent, loan, give |
360 | away, distribute, transmit, or show any material displaying |
361 | erotic nudity to a minor. As used in this subsection, the term |
362 | "erotic nudity" means the display of the genitals, pubic area, |
363 | or breasts of a person, or the undeveloped or developing |
364 | genitals, breasts, or public area of a minor for the purpose of |
365 | real or simulated overt sexual gratification or stimulation of a |
366 | minor. Displaying erotic nudity means its inclusion in any book, |
367 | magazine, periodical, pamphlet, newspaper, comic book, story |
368 | paper, written or printed story or article, writing paper, card, |
369 | picture, drawing, photograph, motion picture film, figure, |
370 | image, videotape, videocassette, phonograph record, wire, tape, |
371 | or other recording, or any written, printed, or recorded matter |
372 | of any such character which may or may not require mechanical or |
373 | other means to be transmuted into auditory, visual, or sensory |
374 | representations of erotic nudity. |
375 | (b) A person may not knowingly sell, rent, loan, give |
376 | away, distribute, transmit, or show any material displaying |
377 | erotic fondling to a minor. As used in this subsection, the term |
378 | "erotic fondling" means touching the clothed or unclothed |
379 | genitals, pubic area, buttocks, or breasts of a person, or the |
380 | developing or undeveloped genitals, pubic area, or breasts of a |
381 | minor for the purpose of real or simulated overt sexual |
382 | gratification or stimulation of a minor. The term does not |
383 | include physical contact that is not for the purpose of real or |
384 | simulated overt sexual gratification or stimulation of a minor. |
385 | Displaying erotic fondling means its inclusion in any book, |
386 | magazine, periodical, pamphlet, newspaper, comic book, story |
387 | paper, written or printed story or article, writing paper, card, |
388 | picture, drawing, photograph, motion picture film, figure, |
389 | image, videotape, videocassette, phonograph record, wire, tape, |
390 | or other recording, or any written, printed, or recorded matter |
391 | of any such character which may or may not require mechanical or |
392 | other means to be transmuted into auditory, visual, or sensory |
393 | representations of erotic fondling. |
394 | (3)(2) As used in this section "knowingly" has the same |
395 | meaning set forth in s. 847.012(1). A "minor" is any person |
396 | under the age of 18 years. |
397 | (4)(3) A person who violates subsection (1) or subsection |
398 | (2) commits violation of the provisions of this section |
399 | constitutes a felony of the third degree, punishable as provided |
400 | in s. 775.082 or s. 775.083. |
401 | Section 6. Paragraph (f) of subsection (3) of section |
402 | 921.0022, Florida Statutes, is amended to read: |
403 | 921.0022 Criminal Punishment Code; offense severity |
404 | ranking chart.-- |
405 | (3) OFFENSE SEVERITY RANKING CHART |
406 | (f) LEVEL 6 |
407 |
|
| FloridaStatute | FelonyDegree | Description |
|
408 |
|
| 316.193(2)(b) | 3rd | Felony DUI, 4th or subsequent conviction. |
|
409 |
|
| 499.0051(3) | 2nd | Forgery of pedigree papers. |
|
410 |
|
| 499.0051(4) | 2nd | Purchase or receipt of legend drug from unauthorized person. |
|
411 |
|
| 499.0051(5) | 2nd | Sale of legend drug to unauthorized person. |
|
412 |
|
| 775.0875(1) | 3rd | Taking firearm from law enforcement officer. |
|
413 |
|
| 784.021(1)(a) | 3rd | Aggravated assault; deadly weapon without intent to kill. |
|
414 |
|
| 784.021(1)(b) | 3rd | Aggravated assault; intent to commit felony. |
|
415 |
|
| 784.041 | 3rd | Felony battery; domestic battery by strangulation. |
|
416 |
|
| 784.048(3) | 3rd | Aggravated stalking; credible threat. |
|
417 |
|
| 784.048(5) | 3rd | Aggravated stalking of person under 16. |
|
418 |
|
| 784.07(2)(c) | 2nd | Aggravated assault on law enforcement officer. |
|
419 |
|
| 784.074(1)(b) | 2nd | Aggravated assault on sexually violent predators facility staff. |
|
420 |
|
| 784.08(2)(b) | 2nd | Aggravated assault on a person 65 years of age or older. |
|
421 |
|
| 784.081(2) | 2nd | Aggravated assault on specified official or employee. |
|
422 |
|
| 784.082(2) | 2nd | Aggravated assault by detained person on visitor or other detainee. |
|
423 |
|
| 784.083(2) | 2nd | Aggravated assault on code inspector. |
|
424 |
|
| 787.02(2) | 3rd | False imprisonment; restraining with purpose other than those in s. 787.01. |
|
425 |
|
| 790.115(2)(d) | 2nd | Discharging firearm or weapon on school property. |
|
426 |
|
| 790.161(2) | 2nd | Make, possess, or throw destructive device with intent to do bodily harm or damage property. |
|
427 |
|
| 790.164(1) | 2nd | False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. |
|
428 |
|
| 790.19 | 2nd | Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. |
|
429 |
|
| 794.011(8)(a) | 3rd | Solicitation of minor to participate in sexual activity by custodial adult. |
|
430 |
|
| 794.05(1) | 2nd | Unlawful sexual activity with specified minor. |
|
431 |
|
| 800.04(5)(d) | 3rd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years. |
|
432 |
|
| 800.04(6)(b) | 2nd | Lewd or lascivious conduct; offender 18 years of age or older. |
|
433 |
|
| 806.031(2) | 2nd | Arson resulting in great bodily harm to firefighter or any other person. |
|
434 |
|
| 810.02(3)(c) | 2nd | Burglary of occupied structure; unarmed; no assault or battery. |
|
435 |
|
| 812.014(2)(b)1. | 2nd | Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. |
|
436 |
|
| 812.014(6) | 2nd | Theft; property stolen $3,000 or more; coordination of others. |
|
437 |
|
| 812.015(9)(a) | 2nd | Retail theft; property stolen $300 or more; second or subsequent conviction. |
|
438 |
|
| 812.015(9)(b) | 2nd | Retail theft; property stolen $3,000 or more; coordination of others. |
|
439 |
|
| 812.13(2)(c) | 2nd | Robbery, no firearm or other weapon (strong-arm robbery). |
|
440 |
|
| 817.034(4)(a)1. | 1st | Communications fraud, value greater than $50,000. |
|
441 |
|
| 817.4821(5) | 2nd | Possess cloning paraphernalia with intent to create cloned cellular telephones. |
|
442 |
|
| 825.102(1) | 3rd | Abuse of an elderly person or disabled adult. |
|
443 |
|
| 825.102(3)(c) | 3rd | Neglect of an elderly person or disabled adult. |
|
444 |
|
| 825.1025(3) | 3rd | Lewd or lascivious molestation of an elderly person or disabled adult. |
|
445 |
|
| 825.103(2)(c) | 3rd | Exploiting an elderly person or disabled adult and property is valued at less than $20,000. |
|
446 |
|
| 827.03(1) | 3rd | Abuse of a child. |
|
447 |
|
| 827.03(3)(c) | 3rd | Neglect of a child. |
|
448 |
|
| 827.071(2)&(3) | 2nd | Use or induce a child in a sexual performance, or promote or direct such performance. |
|
449 |
|
| 836.05 | 2nd | Threats; extortion. |
|
450 |
|
| 836.10 | 2nd | Written threats to kill or do bodily injury. |
|
451 |
|
| 843.12 | 3rd | Aids or assists person to escape. |
|
452 |
|
| 847.011 | 3rd | Distributing, offering to distribute, or possessing with intent to distribute obscene materials to minors or depicting minors. |
|
453 |
|
| 847.012 | 3rd | Knowingly using a minor in the production of obscene or sexually explicit materials. |
|
454 |
|
| 847.0135(2) | 3rd | Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. |
|
455 |
|
| 914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
|
456 |
|
| 944.35(3)(a)2. | 3rd | Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. |
|
457 |
|
| |
458 |
|
| 944.46 | 3rd | Harboring, concealing, aiding escaped prisoners. |
|
459 |
|
| 944.47(1)(a)5. | 2nd | Introduction of contraband (firearm, weapon, or explosive) into correctional facility. |
|
460 |
|
| 951.22(1) | 3rd | Intoxicating drug, firearm, or weapon introduced into county facility. |
|
461 |
|
462 | Section 7. This act shall take effect July 1, 2008. |