Florida Senate - 2011 SB 888 By Senator Dean 3-01112-11 2011888__ 1 A bill to be entitled 2 An act relating to the offense of sexting; providing 3 that a minor commits the offense of sexting if he or 4 she knowingly uses a computer, or any other device 5 capable of electronic data transmission or 6 distribution, to transmit or distribute to another 7 minor any photograph or video of himself or herself 8 which depicts nudity and is harmful to minors; 9 providing noncriminal and criminal penalties; 10 providing that the transmission, distribution, or 11 possession of multiple photographs or videos is a 12 single offense if the transmission occurs within a 24 13 hour period; providing that the act does not prohibit 14 prosecution of a minor for conduct relating to 15 material that includes the depiction of sexual conduct 16 or sexual excitement or for stalking; defining the 17 term “conviction”; providing an 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 uses a computer, or any other device capable of 24 electronic data transmission or distribution, to transmit or 25 distribute to another minor any photograph or video of himself 26 or herself which depicts nudity, as defined in s. 847.001(9), 27 Florida Statutes, and is harmful to minors, as defined in s. 28 847.001(6), Florida Statutes. 29 (a) The transmission or distribution of multiple 30 photographs or videos is a single offense if the photographs or 31 videos were transmitted or distributed within the same 24-hour 32 period. 33 (b) The possession of multiple photographs or videos that 34 were transmitted or distributed by a minor is a single offense 35 if the photographs or videos were transmitted or distributed by 36 the minor in the same 24-hour period. 37 (2) A minor who violates subsection (1): 38 (a) Commits a noncriminal violation for a first violation, 39 punishable by 8 hours of community service or, if ordered by the 40 court in lieu of community service, a $60 fine. The court may 41 also order the minor to participate in suitable training or 42 instruction in lieu of, or in addition to, community service or 43 a fine. 44 (b) Commits a misdemeanor of the second degree for a 45 violation that occurs after being found to have committed a 46 noncriminal violation for sexting, punishable as provided in s. 47 775.082 or s. 775.083, Florida Statutes. 48 (c) Commits a misdemeanor of the first degree for a 49 violation that occurs after being found to have committed a 50 misdemeanor of the second degree for sexting, punishable as 51 provided in s. 775.082 or s. 775.083, Florida Statutes. 52 (d) Commits a felony of the third degree for a violation 53 that occurs after being found to have committed a misdemeanor of 54 the first degree for sexting, punishable as provided in s. 55 775.082, s. 775.083, or s. 775.084, Florida Statutes. 56 (3) This section does not prohibit the prosecution of a 57 minor for a violation of any law of this state if the photograph 58 or video that depicts nudity also includes the depiction of 59 sexual conduct or sexual excitement, and does not prohibit the 60 prosecution of a minor for stalking under s. 784.048, Florida 61 Statutes. 62 (4) As used in this section, the term “conviction” means a 63 determination of guilt that is the result of a plea or trial, or 64 a finding of delinquency that is the result of a plea or an 65 adjudicatory hearing, regardless of whether adjudication is 66 withheld. 67 Section 2. This act shall take effect October 1, 2011.