1 | Representative Kiar offered the following: |
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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; |
8 | penalties.-- |
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 |
13 | lascivious manner; or |
14 | 3. Intentionally commits any other sexual act that does |
15 | not involve actual physical or sexual contact with the victim, |
16 | including, but not limited to, sadomasochistic abuse, sexual |
17 | bestiality, or the simulation of any act involving sexual |
18 | activity |
19 |
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20 | live over a computer online service, Internet service, or local |
21 | bulletin board service and who knows or should know or has |
22 | reason to believe that the transmission is viewed on a computer |
23 | or television monitor by a victim in this state who is less than |
24 | 16 years of age, commits lewd or lascivious exhibition in |
25 | violation of this subsection. The fact that an undercover |
26 | operative or law enforcement officer was involved in the |
27 | detection and investigation of an offense under this subsection |
28 | shall not constitute a defense to a prosecution under this |
29 | subsection. |
30 | (7) STATE CRIMINAL JURISDICTION.--A person is subject to |
31 | prosecution in this state pursuant to chapter 910 for any |
32 | conduct proscribed by this section which the person engages in, |
33 | while either within or outside this state, if by such conduct |
34 | the person commits a violation of this section involving a child |
35 | residing in this state, a child's guardian, or another person |
36 | believed by the person to be a child or a child's guardian |
37 | residing in this state. |
38 | Section 7. Subsections (2) and (3) of section 847.0138, |
39 | Florida Statutes, are amended to read: |
40 | 847.0138 Transmission of material harmful to minors to a |
41 | minor by electronic device or equipment prohibited; penalties.-- |
42 | (2) Notwithstanding ss. 847.012 and 847.0133, any person |
43 | in this state who knew or believed that he or she was |
44 | transmitting an image, information, or data that is harmful to |
45 | minors, as defined in s. 847.001, to a specific individual known |
46 | by the defendant to be a minor in this state commits a felony of |
47 | the third degree, punishable as provided in s. 775.082, s. |
48 | 775.083, or s. 775.084. |
49 | (3) Notwithstanding ss. 847.012 and 847.0133, any person |
50 | in any jurisdiction other than this state who knew or believed |
51 | that he or she was transmitting an image, information, or data |
52 | that is harmful to minors, as defined in s. 847.001, to a |
53 | specific individual known by the defendant to be a minor in this |
54 | state commits a felony of the third degree, punishable as |
55 | provided in s. 775.082, s. 775.083, or s. 775.084. |
56 |
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57 | The provisions of this section do not apply to subscription- |
58 | based transmissions such as list servers. |
59 |
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60 | ----------------------------------------------------- |
61 | T I T L E A M E N D M E N T |
62 | Remove line 10 and insert: |
63 | a minor; amending ss. 847.0135 and 847.0138, F.S.; removing |
64 | residency requirements in statutes relating to computer |
65 | pornography involving minor children and the transmission |
66 | of material harmful to a minor by electronic device or |
67 | equipment, respectively; providing an effective date. |