| 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 that a minor commits the offense of sexting if |
| 9 | he or she knowingly possesses a photograph or video of any |
| 10 | person that was transmitted or distributed by another |
| 11 | minor which depicts nudity and is harmful to minors; |
| 12 | providing an exception; providing noncriminal and criminal |
| 13 | penalties; providing that the transmission, distribution, |
| 14 | or possession of multiple photographs or videos is a |
| 15 | single offense if the transmission occurs within a 24-hour |
| 16 | period; providing that the act does not prohibit |
| 17 | prosecution of a minor for conduct relating to material |
| 18 | that includes the depiction of sexual conduct or sexual |
| 19 | excitement or for stalking; defining the term "found to |
| 20 | have committed"; providing an effective date. |
| 21 |
|
| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
|
| 24 | Section 1. Sexting; prohibited acts; penalties.- |
| 25 | (1) A minor commits the offense of sexting if he or she |
| 26 | knowingly: |
| 27 | (a) Uses a computer, or any other device capable of |
| 28 | electronic data transmission or distribution, to transmit or |
| 29 | distribute to another minor any photograph or video of any |
| 30 | person which depicts nudity, as defined in s. 847.001(9), |
| 31 | Florida Statutes, and is harmful to minors, as defined in s. |
| 32 | 847.001(6), Florida Statutes. |
| 33 | (b) Possesses a photograph or video of any person that was |
| 34 | transmitted or distributed by another minor which depicts |
| 35 | nudity, as defined in s. 847.001(9), Florida Statutes, and is |
| 36 | harmful to minors, as defined in s. 847.001(6), Florida |
| 37 | Statutes. A minor does not violate paragraph this paragraph if |
| 38 | all of the following apply: |
| 39 | 1. The minor did not solicit the photograph or video. |
| 40 | 2. The minor took reasonable steps to report the |
| 41 | photograph or video to the minor's legal guardian or to a school |
| 42 | or law enforcement official. |
| 43 | 3. The minor did not transmit or distribute the photograph |
| 44 | or video to a third party. |
| 45 | (2)(a) The transmission or distribution of multiple |
| 46 | photographs or videos prohibited by paragraph (1)(a) is a single |
| 47 | offense if the photographs or videos were transmitted or |
| 48 | distributed within the same 24-hour period. |
| 49 | (b) The possession of multiple photographs or videos that |
| 50 | were transmitted or distributed by a minor prohibited by |
| 51 | paragraph (1)(b) is a single offense if the photographs or |
| 52 | videos were transmitted or distributed by a minor in the same |
| 53 | 24-hour period. |
| 54 | (3) A minor who violates subsection (1): |
| 55 | (a) Commits a noncriminal violation for a first violation, |
| 56 | punishable by 8 hours of community service or, if ordered by the |
| 57 | court in lieu of community service, a $60 fine. The court may |
| 58 | also order the minor to participate in suitable training or |
| 59 | instruction in lieu of, or in addition to, community service or |
| 60 | a fine. |
| 61 | (b) Commits a misdemeanor of the first degree for a |
| 62 | violation that occurs after being found to have committed a |
| 63 | noncriminal violation for sexting, punishable as provided in s. |
| 64 | 775.082 or s. 775.083, Florida Statutes. |
| 65 | (c) Commits a felony of the third degree for a violation |
| 66 | that occurs after being found to have committed a misdemeanor of |
| 67 | the first degree for sexting, punishable as provided in s. |
| 68 | 775.082, s. 775.083, or s. 775.084, Florida Statutes. |
| 69 | (4) This section does not prohibit the prosecution of a |
| 70 | minor for a violation of any law of this state if the photograph |
| 71 | or video that depicts nudity also includes the depiction of |
| 72 | sexual conduct or sexual excitement, and does not prohibit the |
| 73 | prosecution of a minor for stalking under s. 784.048, Florida |
| 74 | Statutes. |
| 75 | (5) As used in this section, the term "found to have |
| 76 | committed" means a determination of guilt that is the result of |
| 77 | a plea or trial, or a finding of delinquency that is the result |
| 78 | of a plea or an adjudicatory hearing, regardless of whether |
| 79 | adjudication is withheld. |
| 80 | Section 2. This act shall take effect October 1, 2011. |