CS/HB 75

1	A bill to be entitled
2	An act relating to the offense of sexting; providing that
3	a minor commits the offense of sexting if he or she
4	knowingly uses a computer, or any other device capable of
5	electronic data transmission or distribution, to transmit
6	or distribute to another minor any photograph or video of
7	himself or herself which depicts nudity and is harmful to
8	minors or possesses such photograph or video; providing
9	noncriminal and criminal penalties; providing that the
10	transmission, distribution, or possession of multiple
11	photographs or videos is a single offense if the
12	transmission occurs within a 24-hour period; providing
13	that the act does not prohibit prosecution of a minor for
14	conduct relating to material that includes the depiction
15	of sexual conduct or sexual excitement or for stalking;
16	defining the term "found to have committed"; providing an
17	effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Sexting; prohibited acts; penalties.-
22	(1)  A minor commits the offense of sexting if he or she
23	knowingly:
24	(a)  Uses a computer, or any other device capable of
25	electronic data transmission or distribution, to transmit or
26	distribute to another minor any photograph or video of himself
27	or herself which depicts nudity, as defined in s. 847.001(9),
28	Florida Statutes, and is harmful to minors, as defined in s.
29	847.001(6), Florida Statutes.
30	(b)  Possesses a photograph or video that was transmitted
31	or distributed by another minor as described in paragraph (a).
32	(2)(a)  The transmission or distribution of multiple
33	photographs or videos is a single offense if the photographs or
34	videos were transmitted or distributed within the same 24-hour
35	period.
36	(b)  The possession of multiple photographs or videos that
37	were transmitted or distributed by a minor is a single offense
38	if the photographs or videos were transmitted or distributed by
39	the minor in the same 24-hour period.
40	(3)  A minor who violates subsection (1):
41	(a)  Commits a noncriminal violation for a first violation,
42	punishable by 8 hours of community service or, if ordered by the
43	court in lieu of community service, a $60 fine. The court may
44	also order the minor to participate in suitable training or
45	instruction in lieu of, or in addition to, community service or
46	a fine.
47	(b)  Commits a misdemeanor of the second degree for a
48	violation that occurs after being found to have committed a
49	noncriminal violation for sexting, punishable as provided in s.
50	775.082 or s. 775.083, Florida Statutes.
51	(c)  Commits a misdemeanor of the first degree for a
52	violation that occurs after being found to have committed a
53	misdemeanor of the second degree for sexting, punishable as
54	provided in s. 775.082 or s. 775.083, Florida Statutes.
55	(d)  Commits a felony of the third degree for a violation
56	that occurs after being found to have committed a misdemeanor of
57	the first degree for sexting, punishable as provided in s.
58	775.082, s. 775.083, or s. 775.084, Florida Statutes.
59	(4)  This section does not prohibit the prosecution of a
60	minor for a violation of any law of this state if the photograph
61	or video that depicts nudity also includes the depiction of
62	sexual conduct or sexual excitement, and does not prohibit the
63	prosecution of a minor for stalking under s. 784.048, Florida
64	Statutes.
65	(5)  As used in this section, the term "found to have
66	committed" means a determination of guilt that is the result of
67	a plea or trial, or a finding of delinquency that is the result
68	of a plea or an adjudicatory hearing, regardless of whether
69	adjudication is withheld.
70	Section 2.  This act shall take effect October 1, 2011.

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