Amendment
Bill No. CS/CS/HB 75
Amendment No. 672025
CHAMBER ACTION
Senate House
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1Representative Abruzzo offered the following:
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3     Amendment (with title amendment)
4     Remove lines 22-52 and insert:
5knowingly:
6     (a)  Uses a computer, or any other device capable of
7electronic data transmission or distribution, to transmit or
8distribute to another minor any photograph or video of any
9person which depicts nudity, as defined in s. 847.001(9),
10Florida Statutes, and is harmful to minors, as defined in s.
11847.001(6), Florida Statutes.
12     (b)  Possesses a photograph or video of any person that was
13transmitted or distributed by another minor which depicts
14nudity, as defined in s. 847.001(9), Florida Statutes, and is
15harmful to minors, as defined in s. 847.001(6), Florida
16Statutes. A minor does not violate paragraph this paragraph if
17all of the following apply:
18     1.  The minor did not solicit the photograph or video.
19     2.  The minor took reasonable steps to report the
20photograph or video to the minor's legal guardian or to a school
21or law enforcement official.
22     3.  The minor did not transmit or distribute the photograph
23or video to a third party.
24     (2)(a)  The transmission or distribution of multiple
25photographs or videos prohibited by paragraph (1)(a) is a single
26offense if the photographs or videos were transmitted or
27distributed within the same 24-hour period.
28     (b)  The possession of multiple photographs or videos that
29were transmitted or distributed by a minor prohibited by
30paragraph (1)(b) is a single offense if the photographs or
31videos were transmitted or distributed by a minor in the same
3224-hour period.
33     (3)  A minor who violates subsection (1):
34     (a)  Commits a noncriminal violation for a first violation,
35punishable by 8 hours of community service or, if ordered by the
36court in lieu of community service, a $60 fine. The court may
37also order the minor to participate in suitable training or
38instruction in lieu of, or in addition to, community service or
39a fine.
40     (b)  Commits a misdemeanor of the first degree for a
41violation that occurs after being found to have committed a
42noncriminal violation for sexting, punishable as provided in s.
43775.082 or s. 775.083, Florida Statutes.
44     (c)  Commits a felony of the third degree for a violation
45that occurs after being found to have committed a misdemeanor of
46the first degree for sexting, punishable as provided in s.
47775.082, s. 775.083, or s. 775.084, Florida Statutes.
48     (4)  This section does not prohibit the prosecution of a
49minor for a violation of any law of this state if the photograph
50or video that depicts nudity also includes the depiction of
51sexual conduct or sexual excitement, and does not prohibit the
52prosecution of a minor for stalking under s. 784.048, Florida
53Statutes.
54     (5)  As used in this section, the term "found to have
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T I T L E  A M E N D M E N T
59     Remove lines 8-9 and insert:
60providing that a minor commits the offense of sexting if he or
61she knowingly possesses a photograph or video of any person that
62was transmitted or distributed by another minor which depicts
63nudity and is harmful to minors; providing an exception;
64providing noncriminal and criminal penalties; providing that the
65transmission, distribution, or possession of multiple


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