HB 1335

1
A bill to be entitled
2An act relating to the offense of sexting; providing that
3a minor commits the offense of sexting if he or she
4knowingly uses a computer, or any other device capable of
5electronic data transmission or distribution, to transmit
6or distribute to another person any photograph or video of
7himself or herself which depicts nudity and is harmful to
8minors, or knowingly possesses such a photograph or video
9that was transmitted or distributed to the minor from
10another minor; providing noncriminal and criminal
11penalties; providing that the act does not prohibit
12prosecution of a minor for conduct relating to material
13that includes the depiction of sexual conduct or sexual
14excitement or for stalking; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Sexting; prohibited acts; penalties.-
19     (1)  A minor commits the offense of sexting if he or she
20knowingly:
21     (a)  Uses a computer, or any other device capable of
22electronic data transmission or distribution, to transmit or
23distribute to another person any photograph or video of himself
24or herself which depicts nudity and is harmful to minors; or
25     (b)  Possesses a photograph or video that was transmitted
26or distributed by another minor as described in paragraph (a).
27     (2)  A minor who violates subsection (1):
28     (a)  Commits a noncriminal violation for a first offense,
29punishable by 8 hours of community service and a $25 fine. The
30court may order the minor to participate in suitable training or
31instruction in lieu of community service.
32     (b)  Commits a misdemeanor of the second degree for a
33second offense, punishable as provided in s. 775.082 or s.
34775.083, Florida Statutes.
35     (c)  Commits a misdemeanor of the first degree for a third
36offense, punishable as provided in s. 775.082 or s. 775.083,
37Florida Statutes.
38     (d)  Commits a felony of the third degree for a fourth or
39subsequent offense, punishable as provided in s. 775.082, s.
40775.083, or s. 775.084, Florida Statutes.
41     (3)  This section does not prohibit the prosecution of a
42minor for conduct relating to material that includes the
43depiction of sexual conduct or sexual excitement, and does not
44prohibit the prosecution of a minor for stalking under s.
45784.048, Florida Statutes.
46     Section 2.  This act shall take effect October 1, 2010.


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