| 1 | Representative Abruzzo offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (672025) (with title |
| 4 | amendment) |
| 5 | Remove lines 22-30 and insert: |
| 6 | knowingly: |
| 7 | (a) Uses a computer, or any other device capable of |
| 8 | electronic data transmission or distribution, to transmit or |
| 9 | distribute to another minor any photograph or video of any |
| 10 | person which depicts nudity, as defined in s. 847.001(9), |
| 11 | Florida Statutes, and is harmful to minors, as defined in s. |
| 12 | 847.001(6), Florida Statutes. |
| 13 | (b) Possesses a photograph or video of any person that was |
| 14 | transmitted or distributed by another minor which depicts |
| 15 | nudity, as defined in s. 847.001(9), Florida Statutes, and is |
| 16 | harmful to minors, as defined in s. 847.001(6), Florida |
| 17 | Statutes. A minor does not violate paragraph this paragraph if |
| 18 | any of the following apply: |
| 19 | 1. The minor did not solicit the photograph or video. |
| 20 | 2. The minor took reasonable steps to report the |
| 21 | photograph or video to the minor's legal guardian or to a school |
| 22 | or law enforcement official. |
| 23 | 3. The minor did not transmit, distribute, or display the |
| 24 | photograph or video to a third party. |
| 25 | (2)(a) The transmission or distribution of multiple |
| 26 | photographs or videos prohibited by paragraph (1)(a) is a single |
| 27 | offense if the photographs or videos were transmitted or |
| 28 | distributed within the same 24-hour period. |
| 29 | (b) The possession of multiple photographs or videos that |
| 30 | were transmitted or distributed by a minor prohibited by |
| 31 | paragraph (1)(b) is a single offense if the photographs or |
| 32 | videos were transmitted or distributed by a minor in the same |
| 33 | 24-hour period. |
| 34 | (3) A minor who violates subsection (1): |
| 35 | (a) Commits a noncriminal violation for a first violation, |
| 36 | punishable by 8 hours of community service or, if ordered by the |
| 37 | court in lieu of community service, a $60 fine. The court may |
| 38 | also order the minor to participate in suitable training or |
| 39 | instruction in lieu of, or in addition to, community service or |
| 40 | a fine. |
| 41 | (b) Commits a misdemeanor of the first degree for a |
| 42 | violation that occurs after being found to have committed a |
| 43 | noncriminal violation for sexting, punishable as provided in s. |
| 44 | 775.082 or s. 775.083, Florida Statutes. |
| 45 | (c) Commits a felony of the third degree for a violation |
| 46 | that occurs after being found to have committed a misdemeanor of |
| 47 | the first degree for sexting, punishable as provided in s. |
| 48 | 775.082, s. 775.083, or s. 775.084, Florida Statutes. |
| 49 | (4) This section does not prohibit the prosecution of a |
| 50 | minor for a violation of any law of this state if the photograph |
| 51 | or video that depicts nudity also includes the depiction of |
| 52 | sexual conduct or sexual excitement, and does not prohibit the |
| 53 | prosecution of a minor for stalking under s. 784.048, Florida |
| 54 | Statutes. |
| 55 | (5) As used in this section, the term "found to have |
| 56 |
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| 57 |
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| 58 | ----------------------------------------------------- |
| 59 | T I T L E A M E N D M E N T |
| 60 | Remove lines 7-11 and insert: |
| 61 | any person which depicts nudity and is harmful to minors, or |
| 62 | knowingly possesses such a photograph or video that was |
| 63 | transmitted or distributed to the minor from another minor; |
| 64 | providing exceptions; providing noncriminal and criminal |
| 65 | penalties; providing that the transmission or distribution of |
| 66 | multiple photographs or videos is a single offense if the |
| 67 | transmission or distribution occurs within a 24-hour period; |
| 68 | providing that the possession of multiple photographs or videos |
| 69 | that were transmitted or distributed by a minor is a single |
| 70 | offense if the transmission or distribution occurs within a 24- |
| 71 | hour period; providing |
| 72 |
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