1 | A bill to be entitled |
2 | An act relating to the offense of sexting; providing that |
3 | a minor commits the offense of sexting if he or she |
4 | knowingly uses a computer, or any other device capable of |
5 | electronic data transmission or distribution, to transmit |
6 | or distribute to another person any photograph or video of |
7 | himself or herself which depicts nudity and is harmful to |
8 | minors, or knowingly possesses such a photograph or video |
9 | that was transmitted or distributed to the minor from |
10 | another minor; providing noncriminal and criminal |
11 | penalties; providing that the act does not prohibit |
12 | prosecution of a minor for conduct relating to material |
13 | that includes the depiction of sexual conduct or sexual |
14 | excitement or for stalking; providing an effective date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Sexting; prohibited acts; penalties.- |
19 | (1) A minor commits the offense of sexting if he or she |
20 | knowingly: |
21 | (a) Uses a computer, or any other device capable of |
22 | electronic data transmission or distribution, to transmit or |
23 | distribute to another person any photograph or video of himself |
24 | or herself which depicts nudity and is harmful to minors; or |
25 | (b) Possesses a photograph or video that was transmitted |
26 | or 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, |
29 | punishable by 8 hours of community service and a $25 fine. The |
30 | court may order the minor to participate in suitable training or |
31 | instruction in lieu of community service. |
32 | (b) Commits a misdemeanor of the second degree for a |
33 | second offense, punishable as provided in s. 775.082 or s. |
34 | 775.083, Florida Statutes. |
35 | (c) Commits a misdemeanor of the first degree for a third |
36 | offense, punishable as provided in s. 775.082 or s. 775.083, |
37 | Florida Statutes. |
38 | (d) Commits a felony of the third degree for a fourth or |
39 | subsequent offense, punishable as provided in s. 775.082, s. |
40 | 775.083, or s. 775.084, Florida Statutes. |
41 | (3) This section does not prohibit the prosecution of a |
42 | minor for conduct relating to material that includes the |
43 | depiction of sexual conduct or sexual excitement, and does not |
44 | prohibit the prosecution of a minor for stalking under s. |
45 | 784.048, Florida Statutes. |
46 | Section 2. This act shall take effect October 1, 2010. |