Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 946
       
       
       
       
       
       
                                Barcode 275298                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/18/2013           .                                
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       The Committee on Criminal Justice (Simmons) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 23 - 55
    4  and insert:
    5         847.0042 Nude depictions with personal identifying
    6  information.—
    7         (1) A person may not knowingly transmit or post to a social
    8  networking service or any other website, or knowingly cause to
    9  be transmitted or posted to a social networking service or any
   10  other website, in one or more transmissions or posts:
   11         (a) A photograph or video which depicts nudity of another
   12  person, and
   13         (b) Descriptive information in any form that conveys the
   14  personal identification information, as defined in s. 817.568,
   15  of the person whose nudity is depicted in the photograph or
   16  video;
   17         (c) That results in the personal identification information
   18  being displayed together with, or being otherwise identifiable
   19  as connected with, the photograph or video;
   20  
   21  for the purpose of harassing the depicted person or causing
   22  others to harass the depicted person. “Harass” means to engage
   23  in conduct directed at a specific person that is intended to
   24  cause substantial emotional distress to such person and serves
   25  no legitimate purpose.
   26         (2)(a) Except as provided in paragraph (b), a person who
   27  violates this section commits a felony of the third degree,
   28  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   29         (b) A person who is 18 years of age or older at the time of
   30  violating this section commits a felony of the second degree,
   31  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   32  if the violation involves a photograph or video of a person who
   33  was younger than 16 years of age at the time the photograph or
   34  video was made.
   35         (3) An offense is committed within this state if any
   36  conduct that is an element of the offense or any harm to the
   37  depicted person resulting from the offense occurs within this
   38  state.
   39  
   40  ================= T I T L E  A M E N D M E N T ================
   41         And the title is amended as follows:
   42         Delete lines 6 - 9
   43  and insert:
   44         depicts nudity and specified information relating to
   45         the depicted individual for the purpose of harassment;
   46         providing criminal penalties;