| 1 | Representative Pafford offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | Remove line 462 and insert: |
| 5 | Section 14. Effective October 1, 2011, subsections (1) and |
| 6 | (5) of section 827.071, Florida Statutes, are amended to read: |
| 7 | 827.071 Sexual performance by a child; penalties.- |
| 8 | (1) As used in this section, the following definitions |
| 9 | shall apply: |
| 10 | (a) "Deviate sexual intercourse" means sexual conduct |
| 11 | between persons not married to each other consisting of contact |
| 12 | between the penis and the anus, the mouth and the penis, or the |
| 13 | mouth and the vulva. |
| 14 | (b) "Intentionally view" means to deliberately, |
| 15 | purposefully, and voluntarily view. Proof of intentional viewing |
| 16 | requires establishing more than a single image, motion picture, |
| 17 | exhibition, show, image, data, computer depiction, |
| 18 | representation, or other presentation over any period of time. |
| 19 | (c)(b) "Performance" means any play, motion picture, |
| 20 | photograph, or dance or any other visual representation |
| 21 | exhibited before an audience. |
| 22 | (d)(c) "Promote" means to procure, manufacture, issue, |
| 23 | sell, give, provide, lend, mail, deliver, transfer, transmute, |
| 24 | publish, distribute, circulate, disseminate, present, exhibit, |
| 25 | or advertise or to offer or agree to do the same. |
| 26 | (e)(d) "Sadomasochistic abuse" means flagellation or |
| 27 | torture by or upon a person, or the condition of being fettered, |
| 28 | bound, or otherwise physically restrained, for the purpose of |
| 29 | deriving sexual satisfaction from inflicting harm on another or |
| 30 | receiving such harm oneself. |
| 31 | (f)(e) "Sexual battery" means oral, anal, or vaginal |
| 32 | penetration by, or union with, the sexual organ of another or |
| 33 | the anal or vaginal penetration of another by any other object; |
| 34 | however, "sexual battery" does not include an act done for a |
| 35 | bona fide medical purpose. |
| 36 | (g)(f) "Sexual bestiality" means any sexual act between a |
| 37 | person and an animal involving the sex organ of the one and the |
| 38 | mouth, anus, or vagina of the other. |
| 39 | (h)(g) "Sexual conduct" means actual or simulated sexual |
| 40 | intercourse, deviate sexual intercourse, sexual bestiality, |
| 41 | masturbation, or sadomasochistic abuse; actual lewd exhibition |
| 42 | of the genitals; actual physical contact with a person's clothed |
| 43 | or unclothed genitals, pubic area, buttocks, or, if such person |
| 44 | is a female, breast, with the intent to arouse or gratify the |
| 45 | sexual desire of either party; or any act or conduct which |
| 46 | constitutes sexual battery or simulates that sexual battery is |
| 47 | being or will be committed. A mother's breastfeeding of her baby |
| 48 | does not under any circumstance constitute "sexual conduct." |
| 49 | (i)(h) "Sexual performance" means any performance or part |
| 50 | thereof which includes sexual conduct by a child of less than 18 |
| 51 | years of age. |
| 52 | (j)(i) "Simulated" means the explicit depiction of conduct |
| 53 | set forth in paragraph (h) (g) which creates the appearance of |
| 54 | such conduct and which exhibits any uncovered portion of the |
| 55 | breasts, genitals, or buttocks. |
| 56 | (5)(a) It is unlawful for any person to knowingly possess, |
| 57 | control, or intentionally view a photograph, motion picture, |
| 58 | exhibition, show, representation, image, data, computer |
| 59 | depiction, or other presentation which, in whole or in part, he |
| 60 | or she knows to include any sexual conduct by a child. The |
| 61 | possession, control, or intentional viewing of each such |
| 62 | photograph, motion picture, exhibition, show, image, data, |
| 63 | computer depiction, representation, or presentation is a |
| 64 | separate offense. A person who Whoever violates this subsection |
| 65 | commits is guilty of a felony of the third degree, punishable as |
| 66 | provided in s. 775.082, s. 775.083, or s. 775.084. |
| 67 | (b) This subsection does not apply to material possessed, |
| 68 | controlled, or intentionally viewed as part of a law enforcement |
| 69 | investigation. |
| 70 | Section 15. Effective October 1, 2011, paragraph (e) of |
| 71 | subsection (3) of section 921.0022, Florida Statutes, is amended |
| 72 | to read: |
| 73 | 921.0022 Criminal Punishment Code; offense severity |
| 74 | ranking chart.- |
| 75 | (3) OFFENSE SEVERITY RANKING CHART |
| 76 | (e) LEVEL 5 |
| 77 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 78 |
|
| | | 316.027(1)(a) | 3rd | Accidents involving personal injuries, failure to stop; leaving scene. |
|
| 79 |
|
| | | 316.1935(4)(a) | 2nd | Aggravated fleeing or eluding. |
|
| 80 |
|
| | | 322.34(6) | 3rd | Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. |
|
| 81 |
|
| | | 327.30(5) | 3rd | Vessel accidents involving personal injury; leaving scene. |
|
| 82 |
|
| | | 381.0041(11)(b) | 3rd | Donate blood, plasma, or organs knowing HIV positive. |
|
| 83 |
|
| | | 440.10(1)(g) | 2nd | Failure to obtain workers' compensation coverage. |
|
| 84 |
|
| | | 440.105(5) | 2nd | Unlawful solicitation for the purpose of making workers' compensation claims. |
|
| 85 |
|
| | | 440.381(2) | 2nd | Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums. |
|
| 86 |
|
| | | 624.401(4)(b)2. | 2nd | Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. |
|
| 87 |
|
| | | 626.902(1)(c) | 2nd | Representing an unauthorized insurer; repeat offender. |
|
| 88 |
|
| | | 790.01(2) | 3rd | Carrying a concealed firearm. |
|
| 89 |
|
| | | 790.162 | 2nd | Threat to throw or discharge destructive device. |
|
| 90 |
|
| | | 790.163(1) | 2nd | False report of deadly explosive or weapon of mass destruction. |
|
| 91 |
|
| | | 790.221(1) | 2nd | Possession of short-barreled shotgun or machine gun. |
|
| 92 |
|
| | | 790.23 | 2nd | Felons in possession of firearms, ammunition, or electronic weapons or devices. |
|
| 93 |
|
| | | 800.04(6)(c) | 3rd | Lewd or lascivious conduct; offender less than 18 years. |
|
| 94 |
|
| | | 800.04(7)(b) | 2nd | Lewd or lascivious exhibition; offender 18 years or older. |
|
| 95 |
|
| | | 806.111(1) | 3rd | Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. |
|
| 96 |
|
| | | 812.0145(2)(b) | 2nd | Theft from person 65 years of age or older; $10,000 or more but less than $50,000. |
|
| 97 |
|
| | | 812.015(8) | 3rd | Retail theft; property stolen is valued at $300 or more and one or more specified acts. |
|
| 98 |
|
| | | 812.019(1) | 2nd | Stolen property; dealing in or trafficking in. |
|
| 99 |
|
| | | 812.131(2)(b) | 3rd | Robbery by sudden snatching. |
|
| 100 |
|
| | | 812.16(2) | 3rd | Owning, operating, or conducting a chop shop. |
|
| 101 |
|
| | | 817.034(4)(a)2. | 2nd | Communications fraud, value $20,000 to $50,000. |
|
| 102 |
|
| | | 817.234(11)(b) | 2nd | Insurance fraud; property value $20,000 or more but less than $100,000. |
|
| 103 |
|
| | | 817.2341(1),(2)(a) & (3)(a) | 3rd | Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity. |
|
| 104 |
|
| | | 817.568(2)(b) | 2nd | Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals. |
|
| 105 |
|
| | | 817.625(2)(b) | 2nd | Second or subsequent fraudulent use of scanning device or reencoder. |
|
| 106 |
|
| | | 825.1025(4) | 3rd | Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. |
|
| 107 |
|
| | | 827.071(4) | 2nd | Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child. |
|
| 108 |
|
| | | 827.071(5) | 3rd | Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child. |
|
| 109 |
|
| | | 839.13(2)(b) | 2nd | Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death. |
|
| 110 |
|
| | | 843.01 | 3rd | Resist officer with violence to person; resist arrest with violence. |
|
| 111 |
|
| | | 847.0135(5)(b) | 2nd | Lewd or lascivious exhibition using computer; offender 18 years or older. |
|
| 112 |
|
| | | 847.0137(2) & (3) | 3rd | Transmission of pornography by electronic device or equipment. |
|
| 113 |
|
| | | 847.0138(2) & (3) | 3rd | Transmission of material harmful to minors to a minor by electronic device or equipment. |
|
| 114 |
|
| | | 874.05(2) | 2nd | Encouraging or recruiting another to join a criminal gang; second or subsequent offense. |
|
| 115 |
|
| | | 893.13(1)(a)1. | 2nd | Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
|
| 116 |
|
| | | 893.13(1)(c)2. | 2nd | Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. |
|
| 117 |
|
| | | 893.13(1)(d)1. | 1st | Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university. |
|
| 118 |
|
| | | 893.13(1)(e)2. | 2nd | Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site. |
|
| 119 |
|
| | | 893.13(1)(f)1. | 1st | Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility. |
|
| 120 |
|
| | | 893.13(4)(b) | 2nd | Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs). |
|
| 121 |
|
| | | 893.1351(1) | 3rd | Ownership, lease, or rental for trafficking in or manufacturing of controlled substance. |
|
| 122 |
|
| 123 | Section 16. Except as otherwise expressly provided in this |
| 124 | act, this act shall take effect July 1, 2011. |
| 125 |
|
| 126 | ----------------------------------------------------- |
| 127 | T I T L E A M E N D M E N T |
| 128 | Remove line 55 and insert: |
| 129 | Internet safety; amending s. 827.071, F.S.; defining the |
| 130 | term "intentionally view"; prohibiting controlling or |
| 131 | intentionally viewing any photograph, motion picture, |
| 132 | exhibition, show, image, data, computer depiction, |
| 133 | representation, or other presentation that includes sexual |
| 134 | conduct by a child; providing an exception; providing |
| 135 | penalties; amending s. 921.0022, F.S.; conforming |
| 136 | provisions of the offense severity ranking chart of the |
| 137 | Criminal Punishment Code to changes made to s. 827.071, |
| 138 | F.S., by the act; providing effective dates. |