CS/HB 595

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

CODING: Words stricken are deletions; words underlined are additions.