CS for SB 2560                                   First Engrossed
       
       
       
       
       
       
       
       
       20102560e1
       
    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         minor any photograph or video of himself or herself
    8         which depicts nudity and is harmful to minors;
    9         providing noncriminal and criminal penalties;
   10         providing that the act does not prohibit prosecution
   11         of a minor for conduct relating to material that
   12         includes the depiction of sexual conduct or sexual
   13         excitement or for stalking; defining the term “found
   14         to have committed a misdemeanor”; providing an
   15         effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Sexting; prohibited acts; penalties.—
   20         (1) A minor commits the offense of sexting if he or she
   21  knowingly uses a computer, or any other device capable of
   22  electronic data transmission or distribution, to transmit or
   23  distribute to another minor any photograph or video of himself
   24  or herself which depicts nudity as defined in s. 847.001(9),
   25  Florida Statutes, and is harmful to minors as defined in s.
   26  847.001(6), Florida Statutes.
   27         (2) A minor who violates subsection (1):
   28         (a) Commits a noncriminal violation for a first violation
   29  of sexting, punishable by 8 hours of community service or, if
   30  ordered by the court in lieu of community service, a $60 fine.
   31  The court may also order the minor to participate in suitable
   32  training or instruction in lieu of, or in addition to, community
   33  service or a fine.
   34         (b) Commits a misdemeanor of the second degree for a
   35  violation that occurs after being found to have committed a
   36  noncriminal violation for sexting, punishable as provided in s.
   37  775.082 or s. 775.083, Florida Statutes.
   38         (c) Commits a misdemeanor of the first degree for a
   39  violation that occurs after being found to have committed a
   40  misdemeanor of the second degree for sexting, punishable as
   41  provided in s. 775.082 or s. 775.083, Florida Statutes.
   42         (d) Commits a felony of the third degree for a violation
   43  that occurs after being found to have committed a misdemeanor of
   44  the first degree for sexting, punishable as provided in s.
   45  775.082, s. 775.083, or s. 775.084, Florida Statutes.
   46         (3) This section does not prohibit the prosecution of a
   47  minor for a violation of any law of this state if the photograph
   48  or video that depicts nudity also includes the depiction of
   49  sexual conduct or sexual excitement, and does not prohibit the
   50  prosecution of a minor for stalking under s. 784.048, Florida
   51  Statutes.
   52         (4) For purposes of this section, “conviction” means a
   53  determination of guilt that is the result of a plea or trial, or
   54  a finding of delinquency that is the result of a plea or
   55  adjudicatory hearing, regardless of whether adjudication is
   56  withheld.
   57         Section 2. This act shall take effect October 1, 2010.