| 1 | A bill to be entitled |
| 2 | An act relating to sexting; creating s. 847.0146, F.S.; |
| 3 | providing that a minor commits the offense of sexting if |
| 4 | he or she knowingly uses a computer, or any other device |
| 5 | capable of electronic data transmission or distribution, |
| 6 | to transmit or distribute to another person any photograph |
| 7 | or video of himself or herself which depicts nudity and is |
| 8 | harmful to minors, or knowingly possesses such a |
| 9 | photograph or video that was transmitted or distributed to |
| 10 | the minor from another minor; providing noncriminal and |
| 11 | criminal penalties; providing that the transmission or |
| 12 | distribution of multiple photographs or videos is a single |
| 13 | offense if such photographs and videos were transmitted or |
| 14 | distributed in the same 24-hour period; providing that the |
| 15 | possession of multiple photographs or videos that were |
| 16 | transmitted or distributed by a minor is a single offense |
| 17 | if such photographs and videos were transmitted or |
| 18 | distributed by the minor in the same 24-hour period; |
| 19 | providing that the act does not prohibit prosecution of a |
| 20 | minor for conduct relating to material that includes the |
| 21 | depiction of sexual conduct or sexual excitement or for |
| 22 | stalking; providing an effective date. |
| 23 |
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| 24 | Be It Enacted by the Legislature of the State of Florida: |
| 25 |
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| 26 | Section 1. Section 847.0146, Florida Statutes, is created |
| 27 | to read: |
| 28 | 847.0146 Sexting; prohibited acts; penalties.- |
| 29 | (1) A minor commits the offense of sexting if he or she |
| 30 | knowingly: |
| 31 | (a) Uses a computer, or any other device capable of |
| 32 | electronic data transmission or distribution, to transmit or |
| 33 | distribute to another person any photograph or video of himself |
| 34 | or herself which depicts nudity and is harmful to minors; or |
| 35 | (b) Possesses a photograph or video that was transmitted |
| 36 | or distributed by another minor as described in paragraph (a). |
| 37 | (2) A minor who violates subsection (1): |
| 38 | (a) Commits a noncriminal violation for a first offense, |
| 39 | punishable by 8 hours of community service and a $25 fine. The |
| 40 | court may order the minor to participate in suitable training or |
| 41 | instruction in lieu of community service. |
| 42 | (b) Commits a misdemeanor of the second degree for a |
| 43 | second offense, punishable as provided in s. 775.082 or s. |
| 44 | 775.083. |
| 45 | (c) Commits a misdemeanor of the first degree for a third |
| 46 | offense, punishable as provided in s. 775.082 or s. 775.083. |
| 47 | (d) Commits a felony of the third degree for a fourth or |
| 48 | subsequent offense, punishable as provided in s. 775.082, s. |
| 49 | 775.083, or s. 775.084. |
| 50 | (3) For purposes of this section: |
| 51 | (a) The transmission or distribution of multiple |
| 52 | photographs or videos described in paragraph (1)(a) is a single |
| 53 | offense if such photographs or videos were transmitted or |
| 54 | distributed in the same 24-hour period. |
| 55 | (b) The possession of multiple photographs or videos that |
| 56 | were transmitted or distributed by a minor as described in |
| 57 | paragraph (1)(a) is a single offense if such photographs or |
| 58 | videos were transmitted or distributed by the minor in the same |
| 59 | 24-hour period. |
| 60 | (4) This section does not prohibit the prosecution of a |
| 61 | minor for conduct relating to material that includes the |
| 62 | depiction of sexual conduct or sexual excitement and does not |
| 63 | prohibit the prosecution of a minor for stalking under s. |
| 64 | 784.048. |
| 65 | Section 2. This act shall take effect October 1, 2011. |