Florida Senate - 2014                       CS for CS for SB 532
       
       
        
       By the Committees on Judiciary; and Criminal Justice; and
       Senator Simmons
       
       
       
       
       590-02103-14                                           2014532c2
    1                        A bill to be entitled                      
    2         An act relating to the disclosure of sexually explicit
    3         images; creating s. 847.0136, F.S.; providing
    4         definitions; prohibiting an individual from disclosing
    5         a sexually explicit image of an identifiable person
    6         with the intent to harass such person if the
    7         individual knows or should have known such person did
    8         not consent to the disclosure; providing criminal
    9         penalties; providing for jurisdiction; providing
   10         exceptions; amending s. 921.244, F.S.; requiring a
   11         court to order that a person convicted of such offense
   12         be prohibited from having contact with the victim;
   13         providing criminal penalties for a violation of such
   14         order; providing that criminal penalties for certain
   15         offenses run consecutively with a sentence imposed for
   16         a violation of s. 847.0136, F.S.; providing
   17         applicability; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 847.0136, Florida Statutes, is created
   22  to read:
   23         847.0136Prohibited electronic disclosure of sexually
   24  explicit images; penalties; jurisdiction.—
   25         (1) As used in this section, the term:
   26         (a) “Disclose” means to publish, post, distribute, exhibit,
   27  advertise, offer, or transfer, or cause to be published, posted,
   28  distributed, exhibited, advertised, offered, or transferred.
   29         (b) “Harass” means to engage in conduct directed at a
   30  specific person which causes substantial emotional distress to
   31  that person and serves no legitimate purpose.
   32         (c) “Identifiable person” means an individual in a sexually
   33  explicit image who can be identified through:
   34         1. Visual recognition of any part of his or her body
   35  depicted in the sexually explicit image; or
   36         2. Identifying information as defined in s. 397.311 which
   37  accompanies or is associated with the sexually explicit image.
   38         (d) “Sexually explicit image” means a private photograph,
   39  film, videotape, recording, or other reproduction of:
   40         1. Nudity; or
   41         2. Sexual intercourse, including, but not limited to, oral
   42  sexual intercourse or anal sexual intercourse.
   43         (2) An individual may not intentionally and knowingly
   44  disclose a sexually explicit image of an identifiable person to
   45  a social networking service or a website, or by means of any
   46  other electronic medium, with the intent to harass such person,
   47  if the individual knows or should have known that the person
   48  depicted in the sexually explicit image did not consent to such
   49  disclosure.
   50         (3)(a)Except as provided in paragraph (b), an individual
   51  who violates this section commits a second degree misdemeanor,
   52  punishable as provided in s. 775.082 or s. 775.083.
   53         (b) An individual who is 18 years of age or older at the
   54  time he or she violates this section commits a first degree
   55  misdemeanor, punishable as provided in s. 775.082 or s. 775.083,
   56  if the violation involves a sexually explicit image of an
   57  individual who was younger than 16 years of age at the time the
   58  sexually explicit image was created.
   59         (4) A violation of this section is committed within this
   60  state if any conduct that is an element of the offense described
   61  in subsection (2), or any harm to the identifiable person
   62  resulting from the offense described in subsection (2), occurs
   63  within this state.
   64         (5) This section does not apply to the disclosure of a
   65  sexually explicit image for:
   66         (a) The reporting, investigation, and prosecution of an
   67  alleged crime for law enforcement purposes.
   68         (b) Voluntary and consensual purposes in public or
   69  commercial settings.
   70         (6) This section does not impose liability on any provider
   71  of an interactive computer service, as defined in 47 U.S.C. s.
   72  230(f); of an information service, as defined in 47 U.S.C. s.
   73  153; or of communications services, as defined in s. 202.11,
   74  for:
   75         (a)The transmission, storage, or caching of electronic
   76  communications or messages of other persons;
   77         (b) Other related telecommunications or commercial mobile
   78  radio service; or
   79         (c)Content provided by another person.
   80         Section 2. Section 921.244, Florida Statutes, is amended to
   81  read:
   82         921.244 Order of no contact; penalties.—
   83         (1) At the time of sentencing an offender convicted of a
   84  violation of s. 794.011, s. 800.04, s. 847.0135(5), s. 847.0136,
   85  or any offense in s. 775.084(1)(b)1.a.-o., the court shall order
   86  that the offender be prohibited from having any contact with the
   87  victim, directly or indirectly, including through a third
   88  person, for the duration of the sentence imposed. The court may
   89  reconsider the order upon the request of the victim if the
   90  request is made at any time after the victim has attained 18
   91  years of age. In considering the request, the court shall
   92  conduct an evidentiary hearing to determine whether a change of
   93  circumstances has occurred which warrants a change in the court
   94  order prohibiting contact and whether it is in the best interest
   95  of the victim that the court order be modified or rescinded.
   96         (2) An Any offender who violates a court order issued under
   97  this section commits a felony of the third degree, punishable as
   98  provided in s. 775.082, s. 775.083, or s. 775.084.
   99         (3) The punishment imposed under this section shall run
  100  consecutive to any former sentence imposed for a conviction for
  101  any offense under s. 794.011, s. 800.04, s. 847.0135(5), s.
  102  847.0136, or any offense in s. 775.084(1)(b)1.a.-o.
  103         Section 3. This act shall take effect October 1, 2014.