Amendment
Bill No. CS/HB 115
Amendment No. 554937
CHAMBER ACTION
Senate House
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1Representative Kiar offered the following:
2
3     Amendment (with title amendment)
4     Between lines 465 and 466, insert:
5     Section 6.  Paragraph (a) of subsection (5) and subsection
6(7) of section 847.0135, Florida Statutes, are amended to read:
7     847.0135  Computer pornography; traveling to meet minor;
8penalties.--
9     (5)  CERTAIN COMPUTER TRANSMISSIONS PROHIBITED.--
10     (a)  A person who:
11     1.  Intentionally masturbates;
12     2.  Intentionally exposes the genitals in a lewd or
13lascivious manner; or
14     3.  Intentionally commits any other sexual act that does
15not involve actual physical or sexual contact with the victim,
16including, but not limited to, sadomasochistic abuse, sexual
17bestiality, or the simulation of any act involving sexual
18activity
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20live over a computer online service, Internet service, or local
21bulletin board service and who knows or should know or has
22reason to believe that the transmission is viewed on a computer
23or television monitor by a victim in this state who is less than
2416 years of age, commits lewd or lascivious exhibition in
25violation of this subsection. The fact that an undercover
26operative or law enforcement officer was involved in the
27detection and investigation of an offense under this subsection
28shall not constitute a defense to a prosecution under this
29subsection.
30     (7)  STATE CRIMINAL JURISDICTION.--A person is subject to
31prosecution in this state pursuant to chapter 910 for any
32conduct proscribed by this section which the person engages in,
33while either within or outside this state, if by such conduct
34the person commits a violation of this section involving a child
35residing in this state, a child's guardian, or another person
36believed by the person to be a child or a child's guardian
37residing in this state.
38     Section 7.  Subsections (2) and (3) of section 847.0138,
39Florida Statutes, are amended to read:
40     847.0138  Transmission of material harmful to minors to a
41minor by electronic device or equipment prohibited; penalties.--
42     (2)  Notwithstanding ss. 847.012 and 847.0133, any person
43in this state who knew or believed that he or she was
44transmitting an image, information, or data that is harmful to
45minors, as defined in s. 847.001, to a specific individual known
46by the defendant to be a minor in this state commits a felony of
47the third degree, punishable as provided in s. 775.082, s.
48775.083, or s. 775.084.
49     (3)  Notwithstanding ss. 847.012 and 847.0133, any person
50in any jurisdiction other than this state who knew or believed
51that he or she was transmitting an image, information, or data
52that is harmful to minors, as defined in s. 847.001, to a
53specific individual known by the defendant to be a minor in this
54state commits a felony of the third degree, punishable as
55provided in s. 775.082, s. 775.083, or s. 775.084.
56
57The provisions of this section do not apply to subscription-
58based transmissions such as list servers.
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T I T L E  A M E N D M E N T
62     Remove line 10 and insert:
63a minor; amending ss. 847.0135 and 847.0138, F.S.; removing
64residency requirements in statutes relating to computer
65pornography involving minor children and the transmission
66of material harmful to a minor by electronic device or
67equipment, respectively; providing an effective date.


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