Bill Text: FL S0846 | 2011 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prevention of Child Exploitation

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0846 Detail]

Download: Florida-2011-S0846-Comm_Sub.html

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       Florida Senate - 2011                              CS for SB 846
       
       
       
       By the Committee on Criminal Justice; and Senators Benacquisto
       and Gaetz
       
       
       
       591-03795-11                                           2011846c1
    1                        A bill to be entitled                      
    2         An act relating to sexual performance by a child;
    3         amending s. 827.071, F.S.; defining the term
    4         “intentionally view”; prohibiting controlling or
    5         intentionally viewing any photograph, motion picture,
    6         exhibition, show, image, data, computer depiction,
    7         representation, or other presentation that includes
    8         sexual conduct by a child; providing penalties;
    9         amending s. 921.0022, F.S.; conforming provisions of
   10         the offense severity ranking chart of the Criminal
   11         Punishment Code to changes made by the act; providing
   12         an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsections (1) and (5) of section 827.071,
   17  Florida Statutes, are amended to read:
   18         827.071 Sexual performance by a child; penalties.—
   19         (1) As used in this section, the following definitions
   20  shall apply:
   21         (a) “Deviate sexual intercourse” means sexual conduct
   22  between persons not married to each other consisting of contact
   23  between the penis and the anus, the mouth and the penis, or the
   24  mouth and the vulva.
   25         (b) “Intentionally view” means to deliberately,
   26  purposefully, and voluntarily view.
   27         (c)(b) “Performance” means any play, motion picture,
   28  photograph, or dance or any other visual representation
   29  exhibited before an audience.
   30         (d)(c) “Promote” means to procure, manufacture, issue,
   31  sell, give, provide, lend, mail, deliver, transfer, transmute,
   32  publish, distribute, circulate, disseminate, present, exhibit,
   33  or advertise or to offer or agree to do the same.
   34         (e)(d) “Sadomasochistic abuse” means flagellation or
   35  torture by or upon a person, or the condition of being fettered,
   36  bound, or otherwise physically restrained, for the purpose of
   37  deriving sexual satisfaction from inflicting harm on another or
   38  receiving such harm oneself.
   39         (f)(e) “Sexual battery” means oral, anal, or vaginal
   40  penetration by, or union with, the sexual organ of another or
   41  the anal or vaginal penetration of another by any other object;
   42  however, “sexual battery” does not include an act done for a
   43  bona fide medical purpose.
   44         (g)(f) “Sexual bestiality” means any sexual act between a
   45  person and an animal involving the sex organ of the one and the
   46  mouth, anus, or vagina of the other.
   47         (h)(g) “Sexual conduct” means actual or simulated sexual
   48  intercourse, deviate sexual intercourse, sexual bestiality,
   49  masturbation, or sadomasochistic abuse; actual lewd exhibition
   50  of the genitals; actual physical contact with a person’s clothed
   51  or unclothed genitals, pubic area, buttocks, or, if such person
   52  is a female, breast, with the intent to arouse or gratify the
   53  sexual desire of either party; or any act or conduct which
   54  constitutes sexual battery or simulates that sexual battery is
   55  being or will be committed. A mother’s breastfeeding of her baby
   56  does not under any circumstance constitute “sexual conduct.”
   57         (i)(h) “Sexual performance” means any performance or part
   58  thereof which includes sexual conduct by a child of less than 18
   59  years of age.
   60         (j)(i) “Simulated” means the explicit depiction of conduct
   61  set forth in paragraph (h) (g) which creates the appearance of
   62  such conduct and which exhibits any uncovered portion of the
   63  breasts, genitals, or buttocks.
   64         (5) It is unlawful for any person to knowingly possess,
   65  control, or intentionally view any a photograph, motion picture,
   66  exhibition, show, image, data, computer depiction,
   67  representation, or other presentation which, in whole or in
   68  part, he or she knows to include any sexual conduct by a child.
   69  The possession, control, or intentional viewing of each such
   70  photograph, motion picture, exhibition, show, image, data,
   71  computer depiction, representation, or presentation is a
   72  separate offense. A person who Whoever violates this subsection
   73  commits is guilty of a felony of the third degree, punishable as
   74  provided in s. 775.082, s. 775.083, or s. 775.084.
   75         Section 2. Paragraph (e) of subsection (3) of section
   76  921.0022, Florida Statutes, is amended to read:
   77         921.0022 Criminal Punishment Code; offense severity ranking
   78  chart.—
   79         (3) OFFENSE SEVERITY RANKING CHART
   80         (e) LEVEL 5
   81  
   82  FloridaStatute      FelonyDegree                        Description 
   83  316.027(1)(a)         3rd  Accidents involving personal injuries, failure to stop; leaving scene.
   84  316.1935(4)(a)        2nd  Aggravated fleeing or eluding.
   85  322.34(6)             3rd  Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
   86  327.30(5)             3rd  Vessel accidents involving personal injury; leaving scene.
   87  381.0041(11)(b)       3rd  Donate blood, plasma, or organs knowing HIV positive.
   88  440.10(1)(g)          2nd  Failure to obtain workers’ compensation coverage.
   89  440.105(5)            2nd  Unlawful solicitation for the purpose of making workers’ compensation claims.
   90  440.381(2)            2nd  Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
   91  624.401(4)(b)2.       2nd  Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
   92  626.902(1)(c)         2nd  Representing an unauthorized insurer; repeat offender.
   93  790.01(2)             3rd  Carrying a concealed firearm.
   94  790.162               2nd  Threat to throw or discharge destructive device.
   95  790.163(1)            2nd  False report of deadly explosive or weapon of mass destruction.
   96  790.221(1)            2nd  Possession of short-barreled shotgun or machine gun.
   97  790.23                2nd  Felons in possession of firearms, ammunition, or electronic weapons or devices.
   98  800.04(6)(c)          3rd  Lewd or lascivious conduct; offender less than 18 years.
   99  800.04(7)(b)          2nd  Lewd or lascivious exhibition; offender 18 years or older.
  100  806.111(1)            3rd  Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  101  812.0145(2)(b)        2nd  Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  102  812.015(8)            3rd  Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  103  812.019(1)            2nd  Stolen property; dealing in or trafficking in.
  104  812.131(2)(b)         3rd  Robbery by sudden snatching. 
  105  812.16(2)             3rd  Owning, operating, or conducting a chop shop.
  106  817.034(4)(a)2.       2nd  Communications fraud, value $20,000 to $50,000.
  107  817.234(11)(b)        2nd  Insurance fraud; property value $20,000 or more but less than $100,000.
  108  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.
  109  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.
  110  817.625(2)(b)         2nd  Second or subsequent fraudulent use of scanning device or reencoder.
  111  825.1025(4)           3rd  Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  112  827.071(4)            2nd  Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  113  827.071(5)            3rd  Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  114  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.
  115  843.01                3rd  Resist officer with violence to person; resist arrest with violence.
  116  847.0135(5)(b)        2nd  Lewd or lascivious exhibition using computer; offender 18 years or older.
  117  847.0137(2) & (3)     3rd  Transmission of pornography by electronic device or equipment.
  118  847.0138(2) & (3)     3rd  Transmission of material harmful to minors to a minor by electronic device or equipment.
  119  874.05(2)             2nd  Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  120  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).
  121  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.
  122  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.
  123  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.
  124  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.
  125  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).
  126  893.1351(1)           3rd  Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  127         Section 3. This act shall take effect October 1, 2011.