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