Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. CS for SB 340
Barcode 841384
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/21/2009 .
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The Committee on Judiciary (Haridopolos) recommended the
following:
1 Senate Amendment (with title amendment)
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3
4
5 Between lines 504 and 505
6 insert:
7 Section 7. Paragraph (a) of subsection (5) and subsection
8 (7) of section 847.0135, Florida Statutes, are amended to read:
9 847.0135 Computer pornography; traveling to meet minor;
10 penalties.—
11 (5) CERTAIN COMPUTER TRANSMISSIONS PROHIBITED.—
12 (a) A person who:
13 1. Intentionally masturbates;
14 2. Intentionally exposes the genitals in a lewd or
15 lascivious manner; or
16 3. Intentionally commits any other sexual act that does not
17 involve actual physical or sexual contact with the victim,
18 including, but not limited to, sadomasochistic abuse, sexual
19 bestiality, or the simulation of any act involving sexual
20 activity
21
22 live over a computer online service, Internet service, or local
23 bulletin board service and who knows or should know or has
24 reason to believe that the transmission is viewed on a computer
25 or television monitor by a victim in this state who is less than
26 16 years of age, commits lewd or lascivious exhibition in
27 violation of this subsection. The fact that an undercover
28 operative or law enforcement officer was involved in the
29 detection and investigation of an offense under this subsection
30 shall not constitute a defense to a prosecution under this
31 subsection.
32 (7) STATE CRIMINAL JURISDICTION.—A person is subject to
33 prosecution in this state pursuant to chapter 910 for any
34 conduct proscribed by this section which the person engages in,
35 while either within or outside this state, if by such conduct
36 the person commits a violation of this section involving a child
37 residing in this state, a child’s guardian, or another person
38 believed by the person to be a child or a child’s guardian
39 residing in this state.
40 Section 8. Subsections (2) and (3) of section 847.0138,
41 Florida Statutes, are amended to read:
42 847.0138 Transmission of material harmful to minors to a
43 minor by electronic device or equipment prohibited; penalties.—
44 (2) Notwithstanding ss. 847.012 and 847.0133, any person in
45 this state who knew or believed that he or she was transmitting
46 an image, information, or data that is harmful to minors, as
47 defined in s. 847.001, to a specific individual known by the
48 defendant to be a minor in this state commits a felony of the
49 third degree, punishable as provided in s. 775.082, s. 775.083,
50 or s. 775.084.
51 (3) Notwithstanding ss. 847.012 and 847.0133, any person in
52 any jurisdiction other than this state who knew or believed that
53 he or she was transmitting an image, information, or data that
54 is harmful to minors, as defined in s. 847.001, to a specific
55 individual known by the defendant to be a minor in this state
56 commits a felony of the third degree, punishable as provided in
57 s. 775.082, s. 775.083, or s. 775.084.
58
59 The provisions of this section do not apply to subscription
60 based transmissions such as list servers.
61
62 ================= T I T L E A M E N D M E N T ================
63 And the title is amended as follows:
64 Delete line 20
65 and insert:
66 meet a minor; amending ss. 847.0135 and 847.0138,
67 F.S.; removing residency requirements in statutes
68 relating to computer pornography involving minor
69 children and the transmission of material harmful to a
70 minor by electronic device or equipment, respectively;
71 providing an effective date.