Bill Text: FL H0595 | 2011 | Regular Session | Comm Sub

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Bill Title: Sexual Performance by a Child

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0595 Detail]

Download: Florida-2011-H0595-Comm_Sub.html

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CS/HB 595

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A bill to be entitled

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An act relating to sexual performance by a child; amending

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s. 827.071, F.S.; defining the term "intentionally view";

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prohibiting controlling or intentionally viewing any

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photograph, motion picture, exhibition, show,

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representation, image, data, computer depiction, or other

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presentation that includes sexual conduct by a child;

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providing penalties; providing exceptions; amending s.

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921.0022, F.S.; conforming provisions of the offense

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severity ranking chart of the Criminal Punishment Code to

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changes made by the act; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsections (1) and (5) of section 827.071,

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Florida Statutes, are amended to read:

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     827.071  Sexual performance by a child; penalties.-

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     (1)  As used in this section, the following definitions

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shall apply:

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     (a)  "Deviate sexual intercourse" means sexual conduct

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between persons not married to each other consisting of contact

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between the penis and the anus, the mouth and the penis, or the

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mouth and the vulva.

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     (b)  "Intentionally view" means to deliberately,

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purposefully, and voluntarily view.

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     (c)(b)  "Performance" means any play, motion picture,

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photograph, or dance or any other visual representation

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exhibited before an audience.

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     (d)(c)  "Promote" means to procure, manufacture, issue,

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sell, give, provide, lend, mail, deliver, transfer, transmute,

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publish, distribute, circulate, disseminate, present, exhibit,

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or advertise or to offer or agree to do the same.

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     (e)(d)  "Sadomasochistic abuse" means flagellation or

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torture by or upon a person, or the condition of being fettered,

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bound, or otherwise physically restrained, for the purpose of

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deriving sexual satisfaction from inflicting harm on another or

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receiving such harm oneself.

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     (f)(e)  "Sexual battery" means oral, anal, or vaginal

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penetration by, or union with, the sexual organ of another or

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the anal or vaginal penetration of another by any other object;

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however, "sexual battery" does not include an act done for a

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bona fide medical purpose.

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     (g)(f)  "Sexual bestiality" means any sexual act between a

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person and an animal involving the sex organ of the one and the

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mouth, anus, or vagina of the other.

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     (h)(g)  "Sexual conduct" means actual or simulated sexual

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intercourse, deviate sexual intercourse, sexual bestiality,

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masturbation, or sadomasochistic abuse; actual lewd exhibition

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of the genitals; actual physical contact with a person's clothed

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or unclothed genitals, pubic area, buttocks, or, if such person

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is a female, breast, with the intent to arouse or gratify the

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sexual desire of either party; or any act or conduct which

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constitutes sexual battery or simulates that sexual battery is

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being or will be committed. A mother's breastfeeding of her baby

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does not under any circumstance constitute "sexual conduct."

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     (i)(h)  "Sexual performance" means any performance or part

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thereof which includes sexual conduct by a child of less than 18

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years of age.

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     (j)(i)  "Simulated" means the explicit depiction of conduct

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set forth in paragraph (h) (g) which creates the appearance of

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such conduct and which exhibits any uncovered portion of the

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breasts, genitals, or buttocks.

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     (5)(a)  It is unlawful for any person to knowingly possess,

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control, or intentionally view a photograph, motion picture,

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exhibition, show, representation, image, data, computer

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depiction, or other presentation which, in whole or in part, he

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or she knows to include any sexual conduct by a child. The

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possession, control, or intentional viewing of each such

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photograph, motion picture, exhibition, show, representation,

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image, data, computer depiction, or presentation is a separate

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offense. A person who Whoever violates this paragraph commits

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subsection is guilty of a felony of the third degree, punishable

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as provided in s. 775.082, s. 775.083, or s. 775.084.

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     (b)  Paragraph (a) does not apply to material possessed,

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controlled, or intentionally viewed as part of a law enforcement

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investigation.

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     Section 2.  Paragraph (e) of subsection (3) of section

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921.0022, Florida Statutes, is amended to read:

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     921.0022  Criminal Punishment Code; offense severity

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ranking chart.-

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     (3)  OFFENSE SEVERITY RANKING CHART

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     (e)  LEVEL 5

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FloridaStatute

FelonyDegree

Description

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316.027(1)(a)

3rd

Accidents involving personal injuries, failure to stop; leaving scene.

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316.1935(4)(a)

2nd

Aggravated fleeing or eluding.

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322.34(6)

3rd

Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.

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327.30(5)

3rd

Vessel accidents involving personal injury; leaving scene.

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381.0041(11)(b)

3rd

Donate blood, plasma, or organs knowing HIV positive.

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440.10(1)(g)

2nd

Failure to obtain workers' compensation coverage.

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440.105(5)

2nd

Unlawful solicitation for the purpose of making workers' compensation claims.

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440.381(2)

2nd

Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.

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624.401(4)(b)2.

2nd

Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.

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626.902(1)(c)

2nd

Representing an unauthorized insurer; repeat offender.

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790.01(2)

3rd

Carrying a concealed firearm.

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790.162

2nd

Threat to throw or discharge destructive device.

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790.163(1)

2nd

False report of deadly explosive or weapon of mass destruction.

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790.221(1)

2nd

Possession of short-barreled shotgun or machine gun.

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790.23

2nd

Felons in possession of firearms, ammunition, or electronic weapons or devices.

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800.04(6)(c)

3rd

Lewd or lascivious conduct; offender less than 18 years.

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800.04(7)(b)

2nd

Lewd or lascivious exhibition; offender 18 years or older.

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806.111(1)

3rd

Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.

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812.0145(2)(b)

2nd

Theft from person 65 years of age or older; $10,000 or more but less than $50,000.

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812.015(8)

3rd

Retail theft; property stolen is valued at $300 or more and one or more specified acts.

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812.019(1)

2nd

Stolen property; dealing in or trafficking in.

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812.131(2)(b)

3rd

Robbery by sudden snatching.

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812.16(2)

3rd

Owning, operating, or conducting a chop shop.

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817.034(4)(a)2.

2nd

Communications fraud, value $20,000 to $50,000.

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817.234(11)(b)

2nd

Insurance fraud; property value $20,000 or more but less than $100,000.

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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.

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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 individuals.

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817.625(2)(b)

2nd

Second or subsequent fraudulent use of scanning device or reencoder.

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825.1025(4)

3rd

Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.

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827.071(4)

2nd

Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.

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827.071(5)

3rd

Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.

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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.

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843.01

3rd

Resist officer with violence to person; resist arrest with violence.

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847.0135(5)(b)

2nd

Lewd or lascivious exhibition using computer; offender 18 years or older.

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847.0137(2) & (3)

3rd

Transmission of pornography by electronic device or equipment.

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847.0138(2) & (3)

3rd

Transmission of material harmful to minors to a minor by electronic device or equipment.

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874.05(2)

2nd

Encouraging or recruiting another to join a criminal gang; second or subsequent offense.

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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)4. drugs).

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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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (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.

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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)4. drugs) within 1,000 feet of university.

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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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.

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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)4. drugs) within 1,000 feet of public housing facility.

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893.13(4)(b)

2nd

Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).

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893.1351(1)

3rd

Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.

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     Section 3.  This act shall take effect October 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.