Florida Senate - 2010                                    SB 2560
       
       
       
       By Senator Aronberg
       
       
       
       
       27-00228D-10                                          20102560__
    1                        A bill to be entitled                      
    2         An act relating to the offense of sexting; providing
    3         that a minor commits the offense of sexting if he or
    4         she knowingly uses a computer, or any other device
    5         capable of electronic data transmission or
    6         distribution, to transmit or distribute to another
    7         person any photograph or video of himself or herself
    8         which depicts nudity and is harmful to minors, or
    9         knowingly possesses such a photograph or video that
   10         was transmitted or distributed to the minor from
   11         another minor; providing noncriminal and criminal
   12         penalties; providing that the act does not prohibit
   13         prosecution of a minor for conduct relating to
   14         material that includes the depiction of sexual conduct
   15         or sexual excitement or for stalking; providing an
   16         effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Sexting; prohibited acts; penalties.—
   21         (1) A minor commits the offense of sexting if he or she
   22  knowingly:
   23         (a) Uses a computer, or any other device capable of
   24  electronic data transmission or distribution, to transmit or
   25  distribute to another person any photograph or video of himself
   26  or herself which depicts nudity and is harmful to minors; or
   27         (b) Possesses a photograph or video that was transmitted or
   28  distributed by another minor as described in paragraph (a).
   29         (2) A minor who violates subsection (1):
   30         (a) Commits a noncriminal violation for a first offense,
   31  punishable by 8 hours of community service and a $25 fine. The
   32  court may order the minor to participate in suitable training or
   33  instruction in lieu of community service, or both.
   34         (b) Commits a misdemeanor of the second degree for a second
   35  offense occurring within 12 months after a prior conviction,
   36  punishable as provided in s. 775.082 or s. 775.083, Florida
   37  Statutes.
   38         (c) Commits a misdemeanor of the first degree for a third
   39  offense occurring within 24 months after a prior conviction,
   40  punishable as provided in s. 775.082 or s. 775.083, Florida
   41  Statutes.
   42         (d) Commits a felony of the third degree for a fourth or
   43  subsequent offense occurring within 36 months after a prior
   44  conviction, punishable as provided in s. 775.082, s. 775.083, or
   45  s. 775.084, Florida Statutes.
   46         (3) This section does not prohibit the prosecution of a
   47  minor for conduct relating to material that includes the
   48  depiction of sexual conduct or sexual excitement, and does not
   49  prohibit the prosecution of a minor for stalking under s.
   50  784.048, Florida Statutes.
   51         Section 2. This act shall take effect October 1, 2010.