Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. CS for SB 1798
Ì729720!Î729720
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/01/2022 .
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The Committee on Appropriations (Pizzo) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 67 - 713
4 and insert:
5 altered, adapted, or modified, or whose image as a minor was
6 used in the creating, altering, adapting, or modifying of the
7 image; and
8 2. Who is recognizable as an actual person by the person’s
9 face, likeness, or other distinguishing characteristic, such as
10 a unique birthmark, or other recognizable feature.
11
12 The term may not be construed to require proof of the actual
13 identity of the identifiable minor.
14 (d)(c) “Sadomasochistic abuse” means flagellation or
15 torture by or upon a person or the condition of being fettered,
16 bound, or otherwise physically restrained, for the purpose of
17 deriving sexual satisfaction, or satisfaction brought about as a
18 result of sadistic violence, from inflicting harm on another or
19 receiving such harm oneself.
20 (e)(d) “Sexual battery” means oral, anal, or vaginal
21 penetration by, or union with, the sexual organ of another or
22 the anal or vaginal penetration of another by any other object;
23 however, sexual battery does not include an act done for a bona
24 fide medical purpose.
25 (f)(e) “Sexual bestiality” means any sexual act, actual or
26 simulated, between a person and an animal involving the sex
27 organ of the one and the mouth, anus, or vagina of the other.
28 (g)(f) “Sexual conduct” means actual or simulated sexual
29 intercourse, deviate sexual intercourse, sexual bestiality,
30 masturbation, or sadomasochistic abuse; actual or simulated lewd
31 exhibition of the genitals; actual physical contact with a
32 person’s clothed or unclothed genitals, pubic area, buttocks,
33 or, if such person is a female, breast with the intent to arouse
34 or gratify the sexual desire of either party; or any act or
35 conduct which constitutes sexual battery or simulates that
36 sexual battery is being or will be committed. A mother’s
37 breastfeeding of her baby does not under any circumstance
38 constitute “sexual conduct.”
39 (2) A violation of s. 827.071, s. 847.0135, s. 847.0137, or
40 s. 847.0138 shall be reclassified to the next higher degree as
41 provided in subsection (3) if:
42 (a) The offender possesses 10 or more images of any form of
43 child sexual abuse material child pornography regardless of
44 content; and
45 (b) The content of at least one image contains one or more
46 of the following:
47 1. A child who is younger than the age of 5.
48 2. Sadomasochistic abuse involving a child.
49 3. Sexual battery involving a child.
50 4. Sexual bestiality involving a child.
51 5. Any motion picture, film, video, or computer-generated
52 motion picture, film, or video movie involving a child,
53 regardless of length and regardless of whether the motion
54 picture, film, video, or computer-generated motion picture,
55 film, or video movie contains sound.
56 (3)(a) In the case of a felony of the third degree, the
57 offense is reclassified to a felony of the second degree.
58 (b) In the case of a felony of the second degree, the
59 offense is reclassified to a felony of the first degree.
60
61 For purposes of sentencing under chapter 921 and determining
62 incentive gain-time eligibility under chapter 944, a felony
63 offense that is reclassified under this section is ranked one
64 level above the ranking under s. 921.0022 or s. 921.0023 of the
65 offense committed.
66 Section 2. Paragraph (b) of subsection (5) of section
67 784.049, Florida Statutes, is amended to read:
68 784.049 Sexual cyberharassment.—
69 (5) An aggrieved person may initiate a civil action against
70 a person who violates this section to obtain all appropriate
71 relief in order to prevent or remedy a violation of this
72 section, including the following:
73 (b) Monetary damages to include $10,000 $5,000 or actual
74 damages incurred as a result of a violation of this section,
75 whichever is greater.
76 Section 3. Section 827.071, Florida Statutes, is amended to
77 read:
78 827.071 Sexual performance by a child; child sexual abuse
79 material; penalties.—
80 (1) As used in this section, the following definitions
81 shall apply:
82 (a) “Child” or “minor” means any person, whose identity is
83 known or unknown, younger than 18 years of age.
84 (b) “Child sexual abuse material” means:
85 1. Any image depicting a minor engaged in sexual conduct;
86 or
87 2. Any image that has been created, altered, adapted, or
88 modified by electronic, mechanical, or other means, to portray
89 an identifiable minor engaged in sexual conduct.
90 (c)(a) “Deviate sexual intercourse” means sexual conduct
91 between persons not married to each other consisting of contact
92 between the penis and the anus, the mouth and the penis, or the
93 mouth and the vulva.
94 (d) “Identifiable minor” means a person:
95 1. Who was a minor at the time the image was created,
96 altered, adapted, or modified, or whose image as a minor was
97 used in the creating, altering, adapting, or modifying of the
98 image; and
99 2. Who is recognizable as an actual person by the person’s
100 face, likeness, or other distinguishing characteristic, such as
101 a unique birthmark, or other recognizable feature.
102
103 The term may not be construed to require proof of the actual
104 identity of the identifiable minor.
105 (e)(b) “Intentionally view” means to deliberately,
106 purposefully, and voluntarily view. Proof of intentional viewing
107 requires establishing more than a single image, motion picture,
108 exhibition, show, image, data, computer depiction,
109 representation, or other presentation over any period of time.
110 (f)(c) “Performance” means any play, motion picture,
111 photograph, or dance or any other visual representation
112 exhibited before an audience.
113 (g)(d) “Promote” means to procure, manufacture, issue,
114 sell, give, provide, lend, mail, deliver, transfer, transmit,
115 transmute, publish, distribute, circulate, disseminate, present,
116 exhibit, send, post, share, or advertise or to offer or agree to
117 do the same.
118 (h)(e) “Sadomasochistic abuse” means flagellation or
119 torture by or upon a person, or the condition of being fettered,
120 bound, or otherwise physically restrained, for the purpose of
121 deriving sexual satisfaction from inflicting harm on another or
122 receiving such harm oneself.
123 (i)(f) “Sexual battery” means oral, anal, or vaginal
124 penetration by, or union with, the sexual organ of another or
125 the anal or vaginal penetration of another by any other object;
126 however, “sexual battery” does not include an act done for a
127 bona fide medical purpose.
128 (j)(g) “Sexual bestiality” means any sexual act between a
129 person and an animal involving the sex organ of the one and the
130 mouth, anus, or vagina of the other.
131 (k)(h) “Sexual conduct” means actual or simulated sexual
132 intercourse, deviate sexual intercourse, sexual bestiality,
133 masturbation, or sadomasochistic abuse; actual or simulated lewd
134 exhibition of the genitals; actual physical contact with a
135 person’s clothed or unclothed genitals, pubic area, buttocks,
136 or, if such person is a female, breast, with the intent to
137 arouse or gratify the sexual desire of either party; or any act
138 or conduct which constitutes sexual battery or simulates that
139 sexual battery is being or will be committed. A mother’s
140 breastfeeding of her baby does not under any circumstance
141 constitute “sexual conduct.”
142 (l)(i) “Sexual performance” means any performance or part
143 thereof which includes sexual conduct by a child of less than 18
144 years of age.
145 (m)(j) “Simulated” means the explicit depiction of conduct
146 set forth in paragraph (k) (h) which creates the appearance of
147 such conduct and which exhibits any uncovered portion of the
148 breasts, genitals, or buttocks.
149 (2) A person is guilty of the use of a child in a sexual
150 performance if, knowing the character and content thereof, he or
151 she employs, authorizes, or induces a child less than 18 years
152 of age to engage in a sexual performance or, being a parent,
153 legal guardian, or custodian of such child, consents to the
154 participation by such child in a sexual performance. A person
155 who Whoever violates this subsection commits is guilty of a
156 felony of the second degree, punishable as provided in s.
157 775.082, s. 775.083, or s. 775.084.
158 (3) A person is guilty of promoting a sexual performance by
159 a child when, knowing the character and content thereof, he or
160 she produces, directs, or promotes any performance which
161 includes sexual conduct by a child less than 18 years of age. A
162 person who Whoever violates this subsection commits is guilty of
163 a felony of the second degree, punishable as provided in s.
164 775.082, s. 775.083, or s. 775.084.
165 (4) It is unlawful for any person to possess with the
166 intent to promote any photograph, motion picture, exhibition,
167 show, representation, or other presentation which, in whole or
168 in part, includes child sexual abuse material any sexual conduct
169 by a child. The possession of three or more copies of such
170 photograph, motion picture, representation, or presentation is
171 prima facie evidence of an intent to promote. A person who
172 Whoever violates this subsection commits is guilty of a felony
173 of the second degree, punishable as provided in s. 775.082, s.
174 775.083, or s. 775.084.
175 (5)(a) It is unlawful for any person to knowingly possess,
176 control, or intentionally view a photograph, motion picture,
177 exhibition, show, representation, image, data, computer
178 depiction, or other presentation which, in whole or in part, he
179 or she knows to include child sexual abuse material any sexual
180 conduct by a child. The possession, control, or intentional
181 viewing of each such photograph, motion picture, exhibition,
182 show, image, data, computer depiction, representation, or
183 presentation is a separate offense. If such photograph, motion
184 picture, exhibition, show, representation, image, data, computer
185 depiction, or other presentation includes child sexual abuse
186 material depicting sexual conduct by more than one child, then
187 each such child in each such photograph, motion picture,
188 exhibition, show, representation, image, data, computer
189 depiction, or other presentation that is knowingly possessed,
190 controlled, or intentionally viewed is a separate offense. A
191 person who violates this paragraph subsection commits a felony
192 of the third degree, punishable as provided in s. 775.082, s.
193 775.083, or s. 775.084.
194 (b) Paragraph (a) This subsection does not apply to any
195 material possessed, controlled, or intentionally viewed as part
196 of a law enforcement investigation.
197 (6) Prosecution of a any person for an offense under this
198 section does shall not preclude prohibit prosecution of that
199 person in this state for a violation of any other law of this
200 state, including a law providing for greater penalties than
201 prescribed in this section or any other crime punishing the
202 sexual performance or the sexual exploitation of children.
203 Section 4. Section 836.13, Florida Statutes, is created to
204 read:
205 836.13 Promotion of an altered sexual depiction; prohibited
206 acts; penalties; applicability.—
207 (1) As used in this section, the term:
208 (a) “Altered sexual depiction” means any visual depiction
209 that, as a result of any type of digital, electronic,
210 mechanical, or other modification, alteration, or adaptation,
211 depicts a realistic version of an identifiable person:
212 1. With the nude body parts of another person as the nude
213 body parts of the identifiable person;
214 2. With computer-generated nude body parts as the nude body
215 parts of the identifiable person; or
216 3. Engaging in sexual conduct as defined in s. 847.001 in
217 which the identifiable person did not engage.
218 (b) “Identifiable person” means a person who is
219 recognizable as an actual person by the person’s face, likeness,
220 or other distinguishing characteristic, such as a unique
221 birthmark, or other recognizable feature.
222 (c) “Nude body parts” means the human male or female
223 genitals, pubic area, or buttocks with less than fully opaque
224 covering; or the female breast with less than a fully opaque
225 covering of any portion thereof below the top of the nipple; or
226 the depiction of covered male genitals in a discernibly turgid
227 state. The term does not under any circumstances include a
228 mother breastfeeding her baby.
229 (d) “Promote” means to procure, manufacture, issue, sell,
230 give, provide, lend, mail, deliver, transfer, transmit,
231 transmute, publish, distribute, circulate, disseminate, present,
232 exhibit, send, post, share, or advertise or to offer or agree to
233 do the same.
234 (e) “Visual depiction” includes, but is not limited to, a
235 photograph, picture, image, motion picture, film, video, or
236 representation, regardless of whether such photograph, picture,
237 image, motion picture, film, video, or representation was made,
238 modified, altered, adapted, or produced by digital, electronic,
239 mechanical, or other means.
240 (2) A person who willfully and maliciously promotes any
241 altered sexual depiction of an identifiable person, without the
242 consent of the identifiable person, and who knows or reasonably
243 should have known that such visual depiction was an altered
244 sexual depiction, commits a felony of the third degree,
245 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
246 (3) Every act, thing, or transaction prohibited by this
247 section constitutes a separate offense and is punishable as
248 such.
249 (4) The presence of a disclaimer within an altered sexual
250 depiction which notifies a viewer that the person or persons
251 depicted did not consent to or participate in the creation or
252 promotion of the material, or that the person or persons
253 depicted did not actually perform the actions portrayed, is not
254 a defense and does not relieve a person of criminal liability
255 under this section.
256 (5) An aggrieved person may initiate a civil action against
257 a person who violates subsection (2) to obtain appropriate
258 relief in order to prevent or remedy a violation of subsection
259 (2), including all of the following:
260 (a) Injunctive relief.
261 (b) Monetary damages to include $10,000 or actual damages
262 incurred as a result of a violation of subsection (2), whichever
263 is greater.
264 (c) Reasonable attorney fees and costs.
265 (6) The criminal and civil penalties of this section do not
266 apply to:
267 (a) A provider of an interactive computer service as
268 defined in 47 U.S.C. s. 230(f), of an information service as
269 defined in 47 U.S.C. s. 153, or of a communications service as
270 defined in s. 202.11 which provides the transmission, storage,
271 or caching of electronic communications or messages of others;
272 another related telecommunications or commercial mobile radio
273 service; or content provided by another person;
274 (b) A law enforcement officer, as defined in s. 943.10, or
275 any local, state, federal, or military law enforcement agency
276 that promotes an altered sexual depiction in connection with the
277 performance of his or her duties as a law enforcement officer or
278 the duties of the law enforcement agency;
279 (c) A person reporting unlawful activity; or
280 (d) A person participating in a hearing, trial, or other
281 legal proceeding.
282 (7) A violation of this section is committed within this
283 state if any conduct that is an element of the offense, or any
284 harm to the depicted person resulting from the offense, occurs
285 within this state.
286 (8) Prosecution of a person for an offense under this
287 section does not preclude prosecution of that person in this
288 state for a violation of any other law of this state, including
289 a law providing for greater penalties than prescribed in this
290 section or any other crime related to child sexual abuse
291 material or the sexual performance or the sexual exploitation of
292 children.
293 Section 5. Section 836.14, Florida Statutes, is created to
294 read:
295 836.14 Theft or unauthorized promotion of a sexually
296 explicit image.—
297 (1) As used in this section, the term:
298 (a) “Identifiable person” has the same meaning as in s.
299 836.13.
300 (b) “Promote” has the same meaning as in s. 836.13.
301 (c) “Sexually explicit image” means any image depicting
302 nudity as defined in s. 847.001 or a person engaging in sexual
303 conduct as defined in s. 847.001.
304 (2) A person who commits a theft in violation of s. 812.014
305 of a sexually explicit image with the intent to promote such
306 image commits a felony of the third degree, punishable as
307 provided in s. 775.082, s. 775.083, or s. 775.084.
308 (3) A person who willfully possesses with the intent to
309 promote a sexually explicit image that he or she knows or should
310 have known was obtained in violation of subsection (2) commits a
311 felony of the third degree, punishable as provided in s.
312 775.082, s. 775.083, or s. 775.084.
313 (4) A person who willfully promotes for the purpose of
314 pecuniary or any other financial gain a sexually explicit image
315 of an identifiable person without that person’s consent commits
316 a felony of the second degree, punishable as provided in s.
317 775.082, s. 775.083, or s. 775.084.
318 (5) Every act, thing, or transaction prohibited by this
319 section constitutes a separate offense and is punishable as
320 such.
321 (6) An aggrieved person may initiate a civil action against
322 a person who violates this section to obtain all appropriate
323 relief in order to prevent or remedy a violation of this
324 section, including the following:
325 (a) Injunctive relief.
326 (b) Monetary damages to include $10,000 or actual damages
327 incurred as a result of a violation of this section, whichever
328 is greater.
329 (c) Reasonable attorney fees and costs.
330 (7) The criminal and civil penalties of this section do not
331 apply to:
332 (a) A provider of an interactive computer service as
333 defined in 47 U.S.C. s. 230(f), of an information service as
334 defined in 47 U.S.C. s. 153, or of a communications service as
335 defined in s. 202.11 which provides the transmission, storage,
336 or caching of electronic communications or messages of others;
337 another related telecommunications or commercial mobile radio
338 service; or content provided by another person;
339 (b) A law enforcement officer, as defined in s. 943.10, or
340 any local, state, federal, or military law enforcement agency
341 that disseminates a sexually explicit image in connection with
342 the performance of his or her duties as a law enforcement
343 officer or the duties of the law enforcement agency;
344 (c) A person reporting unlawful activity;
345 (d) A person participating in a hearing, trial, or other
346 legal proceeding;
347 (e) Sexually explicit images involving voluntary exposure
348 in a public or commercial setting; or
349 (f) Sexually explicit images possessed or promoted by a
350 bona fide news media organization for a legitimate and
351 newsworthy purpose.
352 (8) A violation of this section is committed within this
353 state if any conduct that is an element of the offense, or any
354 harm to the depicted individual resulting from the offense,
355 occurs within this state.
356 (9) Prosecution of a person for an offense under this
357 section does not preclude prosecution of that person in this
358 state for a violation of any other law of this state, including
359 a law providing for greater penalties than prescribed in this
360 section or any other crime related to child sexual abuse
361 material or the sexual performance or the sexual exploitation of
362 children.
363 Section 6. Present subsections (7) through (11) and (12)
364 through (20) of section 847.001, Florida Statutes, are
365 redesignated as subsections (8) through (12) and (14) through
366 (22), respectively, new subsections (7) and (13) are added to
367 that section, and subsection (3) and present subsections (8),
368 (16), and (19) of that section are amended, to read:
369 847.001 Definitions.—As used in this chapter, the term:
370 (3) “Child sexual abuse material” “Child pornography”
371 means:
372 (a) Any image depicting a minor engaged in sexual conduct;
373 or
374 (b) Any image that has been created, altered, adapted, or
375 modified by electronic, mechanical, or other means, to portray
376 an identifiable minor engaged in sexual conduct.
377 (7) “Identifiable minor” means a person:
378 (a) Who was a minor at the time the image was created,
379 altered, adapted, or modified, or whose image as a minor was
380 used in the creating, altering, adapting, or modifying of the
381 image; and
382 (b) Who is recognizable as an actual person by the person’s
383 face, likeness, or other distinguishing characteristic, such as
384 a unique birthmark, or other recognizable feature.
385
386 The term may not be construed to require proof of the actual
387 identity of the identifiable minor.
388 (9)(8) “Minor” or “child” means any person, whose identity
389 is known or unknown, younger than under the age of 18 years of
390 age.
391 (13) “Promote” means to procure, manufacture, issue, sell,
392 give, provide, lend, mail, deliver, transfer, transmit,
393 transmute, publish, distribute, circulate, disseminate, present,
394 exhibit, send, post, share, or advertise or to offer or agree to
395 do the same.
396 (18)(16) “Sexual conduct” means actual or simulated sexual
397 intercourse, deviate sexual intercourse, sexual bestiality,
398 masturbation, or sadomasochistic abuse; actual or simulated lewd
399 exhibition of the genitals; actual physical contact with a
400 person’s clothed or unclothed genitals, pubic area, buttocks,
401 or, if such person is a female, breast with the intent to arouse
402 or gratify the sexual desire of either party; or any act or
403 conduct which constitutes sexual battery or simulates that
404 sexual battery is being or will be committed. A mother’s
405 breastfeeding of her baby does not under any circumstance
406 constitute “sexual conduct.”
407 (21)(19) “Simulated” means the explicit depiction of
408 conduct described in subsection (18) (16) which creates the
409 appearance of such conduct and which exhibits any uncovered
410 portion of the breasts, genitals, or buttocks.
411 Section 7. Subsection (5) of section 847.011, Florida
412 Statutes, is amended to read:
413 847.011 Prohibition of certain acts in connection with
414 obscene, lewd, etc., materials; penalty.—
415 (5)(a)1. A person may not knowingly sell, lend, give away,
416 distribute, transmit, show, or transmute; offer to sell, lend,
417 give away, distribute, transmit, show, or transmute; have in his
418 or her possession, custody, or control with the intent to sell,
419 lend, give away, distribute, transmit, show, or transmute; or
420 advertise in any manner an obscene, child-like sex doll.
421 2.a. Except as provided in sub-subparagraph b., a person
422 who violates this paragraph commits a felony of the third
423 degree, punishable as provided in s. 775.082, s. 775.083, or s.
424 775.084.
425 b. A person who is convicted of violating this paragraph a
426 second or subsequent time commits a felony of the second degree,
427 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
428 (b)1. Except as provided in subparagraph 2., a person who
429 knowingly has in his or her possession, custody, or control an
430 obscene, child-like sex doll commits a misdemeanor of the first
431 degree, punishable as provided in s. 775.082 or s. 775.083.
432 2. A person who is convicted of violating this paragraph a
433 second or subsequent time commits a felony of the third degree,
434 punishable as provided in s. 775.082 or s. 775.083.
435 (c)1. A law enforcement officer may arrest without a
436 warrant any person who he or she has probable cause to believe
437 has violated paragraph (b).
438 2. Upon proper affidavits being made, a search warrant may
439 be issued to further investigate a violation of paragraph (b),
440 including to search a private dwelling.
441 Section 8. Subsections (1) through (4) of section 847.0137,
442 Florida Statutes, are amended to read:
443 847.0137 Transmission of pornography by electronic device
444 or equipment prohibited; penalties.—
445 (1) As used in this section, the term For purposes of this
446 section:
447 (a) “Minor” means any person less than 18 years of age.
448 (b) “transmit” means the act of sending and causing to be
449 delivered, including the act of providing access for receiving
450 and causing to be delivered, any image, information, or data
451 from one or more persons or places to one or more other persons
452 or places over or through any medium, including the Internet or
453 an interconnected network, by use of any electronic equipment or
454 other device.
455 (2) Notwithstanding ss. 847.012 and 847.0133, any person in
456 this state who knew or reasonably should have known that he or
457 she was transmitting child sexual abuse material child
458 pornography, as defined in s. 847.001, to another person in this
459 state or in another jurisdiction commits a felony of the third
460 degree, punishable as provided in s. 775.082, s. 775.083, or s.
461 775.084.
462 (3) Notwithstanding ss. 847.012 and 847.0133, any person in
463 any jurisdiction other than this state who knew or reasonably
464 should have known that he or she was transmitting child sexual
465 abuse material child pornography, as defined in s. 847.001, to
466 any person in this state commits a felony of the third degree,
467 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
468 (4) This section shall not be construed to preclude
469 prohibit prosecution of a person in this state or another
470 jurisdiction for a violation of any law of this state, including
471 a law providing for greater penalties than prescribed in this
472 section, for the transmission of child sexual abuse material
473 child pornography, as defined in s. 847.001, to any person in
474 this state.
475
476 The provisions of this section do not apply to subscription
477 based transmissions such as list servers.
478 Section 9. Section 828.126, Florida Statutes, is amended to
479 read:
480 828.126 Sexual activities involving animals.—
481 (1) As used in this section, the term:
482 (a) “Sexual conduct” means any touching or fondling by a
483 person, either directly or through clothing, of the sex organs
484 or anus of an animal or any transfer or transmission of semen by
485 the person upon any part of the animal for the purpose of sexual
486 gratification or arousal of the person.
487 (b) “Sexual contact with an animal” means any act committed
488 between a person and an animal for the purpose of sexual
489 gratification, abuse, or financial gain which involves:
490 (a) Contact between the sex organ or anus of one and the
491 mouth, sex organ, or anus of the other;
492 (b) The fondling of the sex organ or anus of an animal; or
493 (c) The insertion, however slight, of any part of the body
494 of a person or any object into the vaginal or anal opening of an
495 animal, or the insertion of any part of the body of an animal
496 into the vaginal or anal opening of a person contact, however
497 slight, between the mouth, sex organ, or anus of a person and
498 the sex organ or anus of an animal, or any penetration, however
499 slight, of any part of the body of the person into the sex organ
500 or anus of an animal, or any penetration of the sex organ or
501 anus of the person into the mouth of the animal, for the purpose
502 of sexual gratification or sexual arousal of the person.
503 (2) A person may not:
504 (a) Knowingly engage in any sexual conduct or sexual
505 contact with an animal;
506 (b) Knowingly cause, aid, or abet another person to engage
507 in any sexual conduct or sexual contact with an animal;
508 (c) Knowingly permit any sexual conduct or sexual contact
509 with an animal to be conducted on any premises under his or her
510 charge or control; or
511 (d) Knowingly organize, promote, conduct, advertise, aid,
512 abet, participate in as an observer, or advertise, offer,
513 solicit, or accept an offer of an animal for the purpose of
514 sexual contact with such animal, or perform any service in the
515 furtherance of an act involving any sexual conduct or sexual
516 contact with an animal; or
517 (e) Knowingly film, distribute, or possess any pornographic
518 image or video of a person and an animal engaged in any of the
519 activities prohibited by this section for a commercial or
520 recreational purpose.
521 (3) A person who violates this section commits a felony of
522 the third misdemeanor of the first degree, punishable as
523 provided in s. 775.082, or s. 775.083, or s. 775.084.
524 (4) In addition to other penalties prescribed by law, the
525 court shall issue an order prohibiting a person convicted under
526 this section from harboring, owning, possessing, or exercising
527 control over any animal; from residing in any household in which
528 animals are present; and from engaging in an occupation, whether
529 paid or unpaid, or participating in a volunteer position at any
530 establishment at which animals are present. The order may be
531 effective for up to 5 years after the date of the conviction,
532 regardless of whether adjudication is withheld.
533 (5)(4) This section does not apply to accepted animal
534 husbandry practices, including, but not limited to, bona fide
535 agricultural purposes, assistance with the birthing process or
536 artificial insemination of an animal for reproductive purposes,
537 accepted conformation judging practices, or accepted veterinary
538 medical practices.
539 Section 10. Paragraphs (c) through (f) of subsection (3) of
540 section 921.0022, Florida Statutes, are amended to read:
541 921.0022 Criminal Punishment Code; offense severity ranking
542 chart.—
543 (3) OFFENSE SEVERITY RANKING CHART
544 (c) LEVEL 3
545
546 FloridaStatute FelonyDegree Description
547 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
548 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
549 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
550 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
551 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
552 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
553 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
554 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
555 327.35(2)(b) 3rd Felony BUI.
556 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
557 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
558 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
559 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
560 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
561 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
562 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
563 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
564 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
565 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
566 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
567 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
568 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
569 697.08 3rd Equity skimming.
570 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
571 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
572 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
573 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
574 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
575 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
576 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
577 812.081(2) 3rd Theft of a trade secret.
578 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
579 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
580 817.233 3rd Burning to defraud insurer.
581 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
582 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
583 817.236 3rd Filing a false motor vehicle insurance application.
584 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
585 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
586 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
587 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
588 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
589 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent.
590 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
591 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
592 860.15(3) 3rd Overcharging for repairs and parts.
593 870.01(2) 3rd Riot.
594 870.01(4) 3rd Inciting a riot.
595 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
596 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
597 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
598 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
599 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
600 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
601 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
602 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
603 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
604 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
605 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
606 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
607 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
608 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
609 944.47(1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
610 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
611 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
612
613 (d) LEVEL 4
614
615 FloridaStatute FelonyDegree Description
616 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
617 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
618 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
619 517.07(1) 3rd Failure to register securities.
620 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
621 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
622 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
623 784.075 3rd Battery on detention or commitment facility staff.
624 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
625 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
626 784.081(3) 3rd Battery on specified official or employee.
627 784.082(3) 3rd Battery by detained person on visitor or other detainee.
628 784.083(3) 3rd Battery on code inspector.
629 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
630 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
631 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
632 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
633 787.07 3rd Human smuggling.
634 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
635 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
636 790.115(2)(c) 3rd Possessing firearm on school property.
637 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
638 806.135 2nd Destroying or demolishing a memorial or historic property.
639 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
640 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
641 810.06 3rd Burglary; possession of tools.
642 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
643 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
644 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items.
645 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
646 817.505(4)(a) 3rd Patient brokering.
647 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
648 817.568(2)(a) 3rd Fraudulent use of personal identification information.
649 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
650 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
651 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
652 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it.
653 836.14(3) 3rd Person who possesses a sexually explicit image with certain knowledge and intent to promote it.
654 837.02(1) 3rd Perjury in official proceedings.
655 837.021(1) 3rd Make contradictory statements in official proceedings.
656 838.022 3rd Official misconduct.
657 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
658 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
659 843.021 3rd Possession of a concealed handcuff key by a person in custody.
660 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
661 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
662 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
663 870.01(3) 2nd Aggravated rioting.
664 870.01(5) 2nd Aggravated inciting a riot.
665 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
666 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
667 914.14(2) 3rd Witnesses accepting bribes.
668 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
669 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
670 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
671 918.12 3rd Tampering with jurors.
672 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
673 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
674 951.22(1)(h), (j) & (k) 3rd Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
675
676 (e) LEVEL 5
677
678 FloridaStatute FelonyDegree Description
679 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
680 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
681 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
682 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
683 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
684 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
685 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
686 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
687 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
688 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
689 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
690 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
691 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
692 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
693 790.01(2) 3rd Carrying a concealed firearm.
694 790.162 2nd Threat to throw or discharge destructive device.
695 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
696 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
697 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
698 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
699 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
700 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
701 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
702 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
703 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
704 812.019(1) 2nd Stolen property; dealing in or trafficking in.
705 812.081(3) 2nd Trafficking in trade secrets.
706 812.131(2)(b) 3rd Robbery by sudden snatching.
707 812.16(2) 3rd Owning, operating, or conducting a chop shop.
708 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
709 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
710 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
711 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
712 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
713 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
714 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
715 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child sexual abuse material sexual conduct by a child.
716 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child sexual abuse material sexual conduct by a child.
717 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
718 836.14(4) 2nd Person who promotes for financial gain a sexually explicit image of an identifiable person without consent.
719 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
720 843.01 3rd Resist officer with violence to person; resist arrest with violence.
721 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
722 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
723 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
724 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
725 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
726 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
727 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
728 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
729 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
730 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
731 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
732 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
733
734 (f) LEVEL 6
735
736 FloridaStatute FelonyDegree Description
737 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
738 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
739 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
740 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
741 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
742 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
743 775.0875(1) 3rd Taking firearm from law enforcement officer.
744 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
745 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
746 784.041 3rd Felony battery; domestic battery by strangulation.
747 784.048(3) 3rd Aggravated stalking; credible threat.
748 784.048(5) 3rd Aggravated stalking of person under 16.
749 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
750 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
751 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
752 784.081(2) 2nd Aggravated assault on specified official or employee.
753 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
754 784.083(2) 2nd Aggravated assault on code inspector.
755 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
756 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
757 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
758 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
759 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
760 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
761 794.05(1) 2nd Unlawful sexual activity with specified minor.
762 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
763 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
764 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
765 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
766 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
767 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
768 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
769 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
770 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
771 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
772 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
773 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
774 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
775 825.102(1) 3rd Abuse of an elderly person or disabled adult.
776 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
777 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
778 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
779 827.03(2)(c) 3rd Abuse of a child.
780 827.03(2)(d) 3rd Neglect of a child.
781 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
782 828.126(3) 3rd Sexual activities involving animals.
783 836.05 2nd Threats; extortion.
784 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
785 843.12 3rd Aids or assists person to escape.
786 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
787 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
788 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
789 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
790 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
791 944.40 2nd Escapes.
792 944.46 3rd Harboring, concealing, aiding escaped prisoners.
793 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
794 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
795
796
797 ================= T I T L E A M E N D M E N T ================
798 And the title is amended as follows:
799 Delete lines 2 - 35
800 and insert:
801 An act relating to sexually related offenses; amending
802 s. 775.0847, F.S.; redefining terms; replacing the
803 term “child pornography” with the term “child sexual
804 abuse material”; defining the term “identifiable
805 minor”; revising the list of circumstances under which
806 specified offenses may be reclassified; amending s.
807 784.049, F.S.; increasing the monetary damages that an
808 aggrieved person may receive as a result of violations
809 relating to sexual cyberharassment; amending s.
810 827.071, F.S.; defining and redefining terms;
811 conforming provisions to changes made by the act;
812 creating s. 836.13, F.S.; defining terms; prohibiting
813 the willful and malicious promotion of certain sexual
814 depictions without consent; providing criminal
815 penalties; providing a civil cause of action;
816 providing applicability; providing construction;
817 creating s. 836.14, F.S.; defining terms; prohibiting
818 a person from committing theft of sexually explicit
819 images with the intent to promote such images;
820 prohibiting the possession of sexually explicit images
821 with certain knowledge and with intent to promote
822 without consent; prohibiting the promotion of sexually
823 explicit images for financial gain, without consent;
824 providing criminal penalties; providing a civil cause
825 of action; providing applicability; providing
826 construction; amending s. 847.001, F.S.; redefining
827 terms; replacing the term “child pornography” with the
828 term “child sexual abuse material”; defining the terms
829 “identifiable minor” and “promote”; amending s.
830 847.011, F.S.; authorizing law enforcement officers to
831 arrest certain persons without a warrant; authorizing
832 a search warrant to be issued for further
833 investigation upon proper affidavits being made;
834 amending s. 847.0137, F.S.; deleting the definition of
835 the term “minor”; redefining the term “transmit”;
836 conforming provisions to changes made by the act;
837 amending s. 828.126, F.S.; revising definitions;
838 revising the prohibition on sexual activities with
839 animals; increasing the criminal penalties for such
840 sexual activities; requiring courts to issue orders
841 prohibiting persons convicted of such sexual
842 activities from engaging in specified activities, from
843 residing in certain households, or from engaging in
844 occupations or positions in which animals are present;
845 revising applicability;