Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1798
       
       
       
       
       
       
                                Ì729720!Î729720                         
       
                              LEGISLATIVE ACTION                        
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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;