| 1 | A bill to be entitled |
| 2 | An act relating to offense of sexting; creating s. |
| 3 | 847.0146, F.S.; providing that a minor commits the offense |
| 4 | of sexting if he or she knowingly uses a computer, or any |
| 5 | other device capable of electronic data transmission or |
| 6 | distribution, to transmit or distribute to another person |
| 7 | any photograph or video of himself or herself which |
| 8 | depicts nudity and is harmful to minors, or knowingly |
| 9 | possesses such a photograph or video that was transmitted |
| 10 | or distributed to the minor from another minor; providing |
| 11 | noncriminal and criminal penalties; providing that the |
| 12 | transmission or distribution of multiple photographs or |
| 13 | videos is a single offense if such photographs and videos |
| 14 | were transmitted or distributed in the same 24-hour |
| 15 | period; providing that the possession of multiple |
| 16 | photographs or videos that were transmitted or distributed |
| 17 | by a minor is a single offense if such photographs and |
| 18 | videos were transmitted or distributed by the minor in the |
| 19 | same 24-hour period; providing that the act does not |
| 20 | prohibit prosecution of a minor for conduct relating to |
| 21 | material that includes the depiction of sexual conduct or |
| 22 | sexual excitement or for stalking; providing an effective |
| 23 | date. |
| 24 |
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| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
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| 27 | Section 1. Section 847.0146, Florida Statutes, is created |
| 28 | to read: |
| 29 | 847.0146 Sexting; prohibited acts; penalties.- |
| 30 | (1) A minor commits the offense of sexting if he or she |
| 31 | knowingly: |
| 32 | (a) Uses a computer, or any other device capable of |
| 33 | electronic data transmission or distribution, to transmit or |
| 34 | distribute to another person any photograph or video of himself |
| 35 | or herself which depicts nudity and is harmful to minors; or |
| 36 | (b) Possesses a photograph or video that was transmitted |
| 37 | or distributed by another minor as described in paragraph (a). |
| 38 | (2) A minor who violates subsection (1): |
| 39 | (a) Commits a noncriminal violation for a first offense, |
| 40 | punishable by 8 hours of community service and a $25 fine. The |
| 41 | court may order the minor to participate in suitable training or |
| 42 | instruction in lieu of community service. |
| 43 | (b) Commits a misdemeanor of the second degree for a |
| 44 | second offense, punishable as provided in s. 775.082 or s. |
| 45 | 775.083. |
| 46 | (c) Commits a misdemeanor of the first degree for a third |
| 47 | offense, punishable as provided in s. 775.082 or s. 775.083. |
| 48 | (d) Commits a felony of the third degree for a fourth or |
| 49 | subsequent offense, punishable as provided in s. 775.082, s. |
| 50 | 775.083, or s. 775.084. |
| 51 | (3) For purposes of this section: |
| 52 | (a) The transmission or distribution of multiple |
| 53 | photographs or videos described in paragraph (1)(a) is a single |
| 54 | offense if such photographs or videos were transmitted or |
| 55 | distributed in the same 24-hour period. |
| 56 | (b) The possession of multiple photographs or videos that |
| 57 | were transmitted or distributed by a minor as described in |
| 58 | paragraph (1)(a) is a single offense if such photographs or |
| 59 | videos were transmitted or distributed by the minor in the same |
| 60 | 24-hour period. |
| 61 | (4) This section does not prohibit the prosecution of a |
| 62 | minor for conduct relating to material that includes the |
| 63 | depiction of sexual conduct or sexual excitement and does not |
| 64 | prohibit the prosecution of a minor for stalking under s. |
| 65 | 784.048. |
| 66 | Section 2. This act shall take effect October 1, 2010. |