Florida Senate - 2011 SENATOR AMENDMENT Bill No. CS for CS for SB 888 Barcode 412044 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 05/03/2011 11:49 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Dean moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 23 - 53 4 and insert: 5 knowingly: 6 (a) Uses a computer or any other device capable of 7 electronic data transmission or distribution to transmit or 8 distribute to another minor any photograph or video of any 9 person which depicts nudity, as defined in s. 847.001(9), 10 Florida Statutes, and is harmful to minors, as defined in s. 11 847.001(6), Florida Statutes. 12 (b) Possesses a photograph or video of any person which was 13 transmitted or distributed by another minor, which depicts 14 nudity, as defined in s. 847.001(9), Florida Statutes, and is 15 harmful to minors, as defined in s. 847.001(6), Florida 16 Statutes. A minor does not violate this paragraph if all of the 17 following apply: 18 1. The minor did not solicit the photograph or video. 19 2. The minor did not transmit, distribute, or display the 20 photograph or video to a third party. 21 (2)(a) The transmission or distribution of multiple 22 photographs or videos prohibited by paragraph (1)(a) is a single 23 offense if the photographs or videos were transmitted or 24 distributed within the same 24-hour period. 25 (b) The possession of multiple photographs or videos that 26 were transmitted, distributed, or displayed by a minor 27 prohibited by paragraph (1)(b) is a single offense if the 28 photographs or videos were transmitted or distributed by a minor 29 in the same 24-hour period. 30 (3) A minor who violates subsection (1): 31 (a) Commits a noncriminal violation for a first violation, 32 punishable by 8 hours of community service, or, if ordered by 33 the court in lieu of community service, a $60 fine. The court 34 may also order the minor to participate in suitable training or 35 instruction in lieu of, or in addition to, community service or 36 a fine. 37 (b) Commits a misdemeanor of the first degree for a 38 violation that occurs after being found to have committed a 39 noncriminal violation for sexting, punishable as provided in s. 40 775.082 or s. 775.083, Florida Statutes. 41 (c) Commits a felony of the third degree for a violation 42 that occurs after being found to have committed a misdemeanor of 43 the first degree for sexting, punishable as provided in s. 44 775.082, s. 775.083, or s. 775.084, Florida Statutes. 45 (4) This section does not prohibit the prosecution of a 46 minor for a violation of any law of this state if the photograph 47 or video that depicts nudity also includes the depiction of 48 sexual conduct or sexual excitement, and does not prohibit the 49 prosecution of a minor for stalking under s. 784.048, Florida 50 Statutes. 51 (5) As used in this section, the term “found to have 52 53 ================= T I T L E A M E N D M E N T ================ 54 And the title is amended as follows: 55 Delete line 8 56 and insert: 57 depicts nudity and is harmful to minors; providing 58 that a minor commits the offense of sexting if he or 59 she knowingly possesses a photograph or video of any 60 person which was transmitted or distributed by another 61 minor, depicts nudity, and is harmful to minors; 62 providing an exception; providing