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 |
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18 | Be It Enacted by the Legislature of the State of Florida: |
19 |
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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. |