Bill Text: FL S1798 | 2022 | Regular Session | Enrolled
Bill Title: Sexually Related Offenses
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Enrolled - Dead) 2022-03-08 - Ordered enrolled [S1798 Detail]
Download: Florida-2022-S1798-Enrolled.html
ENROLLED
2022 Legislature CS for CS for SB 1798, 1st Engrossed
20221798er
1
2 An act relating to sexually related offenses; amending
3 s. 775.0847, F.S.; redefining terms; defining the term
4 “identifiable minor”; revising the list of
5 circumstances under which specified offenses may be
6 reclassified; amending s. 784.049, F.S.; increasing
7 the monetary damages that an aggrieved person may
8 receive as a result of violations relating to sexual
9 cyberharassment; amending s. 827.071, F.S.; defining
10 and redefining terms; conforming provisions to changes
11 made by the act; amending s. 828.126, F.S.; revising
12 definitions; revising the prohibition on sexual
13 activities with animals; increasing the criminal
14 penalties for such sexual activities; requiring courts
15 to issue orders prohibiting persons convicted of such
16 sexual activities from engaging in specified
17 activities, from residing in certain households, or
18 from engaging in occupations or positions in which
19 animals are present; revising applicability; creating
20 s. 836.13, F.S.; defining terms; prohibiting the
21 willful and malicious promotion of certain sexual
22 depictions without consent; providing criminal
23 penalties; providing a civil cause of action;
24 providing applicability; providing construction;
25 creating s. 836.14, F.S.; defining terms; prohibiting
26 a person from committing theft of sexually explicit
27 images with the intent to promote such images;
28 prohibiting the willful possession of sexually
29 explicit images with the intent to promote such images
30 and with certain knowledge; prohibiting the promotion
31 of sexually explicit images of identifiable persons
32 for financial gain, without consent; providing
33 criminal penalties; providing a civil cause of action;
34 providing applicability; providing construction;
35 amending s. 847.001, F.S.; redefining terms; defining
36 the terms “identifiable minor” and “promote”; amending
37 s. 847.011, F.S.; authorizing law enforcement officers
38 to arrest certain persons without a warrant;
39 authorizing a search warrant to be issued for further
40 investigation upon proper affidavits being made;
41 amending s. 847.0137, F.S.; deleting the definition of
42 the term “minor”; redefining the term “transmit”;
43 conforming provisions to changes made by the act;
44 amending s. 921.0022, F.S.; ranking offenses created
45 by this act for purposes of the severity ranking chart
46 of the Criminal Punishment Code; conforming provisions
47 to changes made by the act; amending ss. 288.1254 and
48 847.0141, F.S.; conforming cross-references; providing
49 an effective date.
50
51 Be It Enacted by the Legislature of the State of Florida:
52
53 Section 1. Section 775.0847, Florida Statutes, is amended
54 to read:
55 775.0847 Possession or promotion of certain images of child
56 pornography; reclassification.—
57 (1) For purposes of this section:
58 (a) “Child” or “minor” means any person, whose identity is
59 known or unknown, younger less than 18 years of age.
60 (b) “Child pornography” means:
61 1. Any image depicting a minor engaged in sexual conduct;
62 or
63 2. Any image that has been created, altered, adapted, or
64 modified by electronic, mechanical, or other means, to portray
65 an identifiable minor engaged in sexual conduct.
66 (c) “Identifiable minor” means a person:
67 1. Who was a minor at the time the image was created,
68 altered, adapted, or modified, or whose image as a minor was
69 used in the creating, altering, adapting, or modifying of the
70 image; and
71 2. Who is recognizable as an actual person by the person’s
72 face, likeness, or other distinguishing characteristic, such as
73 a unique birthmark, or other recognizable feature.
74
75 The term may not be construed to require proof of the actual
76 identity of the identifiable minor.
77 (d)(c) “Sadomasochistic abuse” means flagellation or
78 torture by or upon a person or the condition of being fettered,
79 bound, or otherwise physically restrained, for the purpose of
80 deriving sexual satisfaction, or satisfaction brought about as a
81 result of sadistic violence, from inflicting harm on another or
82 receiving such harm oneself.
83 (e)(d) “Sexual battery” means oral, anal, or vaginal
84 penetration by, or union with, the sexual organ of another or
85 the anal or vaginal penetration of another by any other object;
86 however, sexual battery does not include an act done for a bona
87 fide medical purpose.
88 (f)(e) “Sexual bestiality” means any sexual act, actual or
89 simulated, between a person and an animal involving the sex
90 organ of the one and the mouth, anus, or vagina of the other.
91 (g)(f) “Sexual conduct” means actual or simulated sexual
92 intercourse, deviate sexual intercourse, sexual bestiality,
93 masturbation, or sadomasochistic abuse; actual or simulated lewd
94 exhibition of the genitals; actual physical contact with a
95 person’s clothed or unclothed genitals, pubic area, buttocks,
96 or, if such person is a female, breast with the intent to arouse
97 or gratify the sexual desire of either party; or any act or
98 conduct which constitutes sexual battery or simulates that
99 sexual battery is being or will be committed. A mother’s
100 breastfeeding of her baby does not under any circumstance
101 constitute “sexual conduct.”
102 (2) A violation of s. 827.071, s. 847.0135, s. 847.0137, or
103 s. 847.0138 shall be reclassified to the next higher degree as
104 provided in subsection (3) if:
105 (a) The offender possesses 10 or more images of any form of
106 child pornography regardless of content; and
107 (b) The content of at least one image contains one or more
108 of the following:
109 1. A child who is younger than the age of 5.
110 2. Sadomasochistic abuse involving a child.
111 3. Sexual battery involving a child.
112 4. Sexual bestiality involving a child.
113 5. Any motion picture, film, video, or computer-generated
114 motion picture, film, or video movie involving a child,
115 regardless of length and regardless of whether the motion
116 picture, film, video, or computer-generated motion picture,
117 film, or video movie contains sound.
118 (3)(a) In the case of a felony of the third degree, the
119 offense is reclassified to a felony of the second degree.
120 (b) In the case of a felony of the second degree, the
121 offense is reclassified to a felony of the first degree.
122
123 For purposes of sentencing under chapter 921 and determining
124 incentive gain-time eligibility under chapter 944, a felony
125 offense that is reclassified under this section is ranked one
126 level above the ranking under s. 921.0022 or s. 921.0023 of the
127 offense committed.
128 Section 2. Paragraph (b) of subsection (5) of section
129 784.049, Florida Statutes, is amended to read:
130 784.049 Sexual cyberharassment.—
131 (5) An aggrieved person may initiate a civil action against
132 a person who violates this section to obtain all appropriate
133 relief in order to prevent or remedy a violation of this
134 section, including the following:
135 (b) Monetary damages to include $10,000 $5,000 or actual
136 damages incurred as a result of a violation of this section,
137 whichever is greater.
138 Section 3. Section 827.071, Florida Statutes, is amended to
139 read:
140 827.071 Sexual performance by a child; child pornography;
141 penalties.—
142 (1) As used in this section, the following definitions
143 shall apply:
144 (a) “Child” or “minor” means any person, whose identity is
145 known or unknown, younger than 18 years of age.
146 (b) “Child pornography” means:
147 1. Any image depicting a minor engaged in sexual conduct;
148 or
149 2. Any image that has been created, altered, adapted, or
150 modified by electronic, mechanical, or other means, to portray
151 an identifiable minor engaged in sexual conduct.
152 (c)(a) “Deviate sexual intercourse” means sexual conduct
153 between persons not married to each other consisting of contact
154 between the penis and the anus, the mouth and the penis, or the
155 mouth and the vulva.
156 (d) “Identifiable minor” means a person:
157 1. Who was a minor at the time the image was created,
158 altered, adapted, or modified, or whose image as a minor was
159 used in the creating, altering, adapting, or modifying of the
160 image; and
161 2. Who is recognizable as an actual person by the person’s
162 face, likeness, or other distinguishing characteristic, such as
163 a unique birthmark, or other recognizable feature.
164
165 The term may not be construed to require proof of the actual
166 identity of the identifiable minor.
167 (e)(b) “Intentionally view” means to deliberately,
168 purposefully, and voluntarily view. Proof of intentional viewing
169 requires establishing more than a single image, motion picture,
170 exhibition, show, image, data, computer depiction,
171 representation, or other presentation over any period of time.
172 (f)(c) “Performance” means any play, motion picture,
173 photograph, or dance or any other visual representation
174 exhibited before an audience.
175 (g)(d) “Promote” means to procure, manufacture, issue,
176 sell, give, provide, lend, mail, deliver, transfer, transmit,
177 transmute, publish, distribute, circulate, disseminate, present,
178 exhibit, send, post, share, or advertise or to offer or agree to
179 do the same.
180 (h)(e) “Sadomasochistic abuse” means flagellation or
181 torture by or upon a person, or the condition of being fettered,
182 bound, or otherwise physically restrained, for the purpose of
183 deriving sexual satisfaction from inflicting harm on another or
184 receiving such harm oneself.
185 (i)(f) “Sexual battery” means oral, anal, or vaginal
186 penetration by, or union with, the sexual organ of another or
187 the anal or vaginal penetration of another by any other object;
188 however, “sexual battery” does not include an act done for a
189 bona fide medical purpose.
190 (j)(g) “Sexual bestiality” means any sexual act between a
191 person and an animal involving the sex organ of the one and the
192 mouth, anus, or vagina of the other.
193 (k)(h) “Sexual conduct” means actual or simulated sexual
194 intercourse, deviate sexual intercourse, sexual bestiality,
195 masturbation, or sadomasochistic abuse; actual or simulated lewd
196 exhibition of the genitals; actual physical contact with a
197 person’s clothed or unclothed genitals, pubic area, buttocks,
198 or, if such person is a female, breast, with the intent to
199 arouse or gratify the sexual desire of either party; or any act
200 or conduct which constitutes sexual battery or simulates that
201 sexual battery is being or will be committed. A mother’s
202 breastfeeding of her baby does not under any circumstance
203 constitute “sexual conduct.”
204 (l)(i) “Sexual performance” means any performance or part
205 thereof which includes sexual conduct by a child of less than 18
206 years of age.
207 (m)(j) “Simulated” means the explicit depiction of conduct
208 set forth in paragraph (k) (h) which creates the appearance of
209 such conduct and which exhibits any uncovered portion of the
210 breasts, genitals, or buttocks.
211 (2) A person is guilty of the use of a child in a sexual
212 performance if, knowing the character and content thereof, he or
213 she employs, authorizes, or induces a child less than 18 years
214 of age to engage in a sexual performance or, being a parent,
215 legal guardian, or custodian of such child, consents to the
216 participation by such child in a sexual performance. A person
217 who Whoever violates this subsection commits is guilty of a
218 felony of the second degree, punishable as provided in s.
219 775.082, s. 775.083, or s. 775.084.
220 (3) A person is guilty of promoting a sexual performance by
221 a child when, knowing the character and content thereof, he or
222 she produces, directs, or promotes any performance which
223 includes sexual conduct by a child less than 18 years of age. A
224 person who Whoever violates this subsection commits is guilty of
225 a felony of the second degree, punishable as provided in s.
226 775.082, s. 775.083, or s. 775.084.
227 (4) It is unlawful for any person to possess with the
228 intent to promote any photograph, motion picture, exhibition,
229 show, representation, or other presentation which, in whole or
230 in part, includes child pornography any sexual conduct by a
231 child. The possession of three or more copies of such
232 photograph, motion picture, representation, or presentation is
233 prima facie evidence of an intent to promote. A person who
234 Whoever violates this subsection commits is guilty of a felony
235 of the second degree, punishable as provided in s. 775.082, s.
236 775.083, or s. 775.084.
237 (5)(a) It is unlawful for any person to knowingly possess,
238 control, or intentionally view a photograph, motion picture,
239 exhibition, show, representation, image, data, computer
240 depiction, or other presentation which, in whole or in part, he
241 or she knows to include child pornography any sexual conduct by
242 a child. The possession, control, or intentional viewing of each
243 such photograph, motion picture, exhibition, show, image, data,
244 computer depiction, representation, or presentation is a
245 separate offense. If such photograph, motion picture,
246 exhibition, show, representation, image, data, computer
247 depiction, or other presentation includes child pornography
248 depicting sexual conduct by more than one child, then each such
249 child in each such photograph, motion picture, exhibition, show,
250 representation, image, data, computer depiction, or other
251 presentation that is knowingly possessed, controlled, or
252 intentionally viewed is a separate offense. A person who
253 violates this paragraph subsection commits a felony of the third
254 degree, punishable as provided in s. 775.082, s. 775.083, or s.
255 775.084.
256 (b) Paragraph (a) This subsection does not apply to any
257 material possessed, controlled, or intentionally viewed as part
258 of a law enforcement investigation.
259 (6) Prosecution of a any person for an offense under this
260 section does shall not preclude prohibit prosecution of that
261 person in this state for a violation of any other law of this
262 state, including a law providing for greater penalties than
263 prescribed in this section or any other crime punishing the
264 sexual performance or the sexual exploitation of children.
265 Section 4. Section 828.126, Florida Statutes, is amended to
266 read:
267 828.126 Sexual activities involving animals.—
268 (1) As used in this section, the term:
269 (a) “Sexual conduct” means any touching or fondling by a
270 person, either directly or through clothing, of the sex organs
271 or anus of an animal or any transfer or transmission of semen by
272 the person upon any part of the animal for the purpose of sexual
273 gratification or arousal of the person.
274 (b) “Sexual contact with an animal” means any act committed
275 between a person and an animal for the purpose of sexual
276 gratification, abuse, or financial gain which involves:
277 (a) Contact between the sex organ or anus of one and the
278 mouth, sex organ, or anus of the other;
279 (b) The fondling of the sex organ or anus of an animal; or
280 (c) The insertion, however slight, of any part of the body
281 of a person or any object into the vaginal or anal opening of an
282 animal, or the insertion of any part of the body of an animal
283 into the vaginal or anal opening of a person contact, however
284 slight, between the mouth, sex organ, or anus of a person and
285 the sex organ or anus of an animal, or any penetration, however
286 slight, of any part of the body of the person into the sex organ
287 or anus of an animal, or any penetration of the sex organ or
288 anus of the person into the mouth of the animal, for the purpose
289 of sexual gratification or sexual arousal of the person.
290 (2) A person may not:
291 (a) Knowingly engage in any sexual conduct or sexual
292 contact with an animal;
293 (b) Knowingly cause, aid, or abet another person to engage
294 in any sexual conduct or sexual contact with an animal;
295 (c) Knowingly permit any sexual conduct or sexual contact
296 with an animal to be conducted on any premises under his or her
297 charge or control; or
298 (d) Knowingly organize, promote, conduct, advertise, aid,
299 abet, participate in as an observer, or advertise, offer,
300 solicit, or accept an offer of an animal for the purpose of
301 sexual contact with such animal, or perform any service in the
302 furtherance of an act involving any sexual conduct or sexual
303 contact with an animal; or
304 (e) Knowingly film, distribute, or possess any pornographic
305 image or video of a person and an animal engaged in any of the
306 activities prohibited by this section for a commercial or
307 recreational purpose.
308 (3) A person who violates this section commits a felony of
309 the third misdemeanor of the first degree, punishable as
310 provided in s. 775.082, or s. 775.083, or s. 775.084.
311 (4) In addition to other penalties prescribed by law, the
312 court shall issue an order prohibiting a person convicted under
313 this section from harboring, owning, possessing, or exercising
314 control over any animal; from residing in any household in which
315 animals are present; and from engaging in an occupation, whether
316 paid or unpaid, or participating in a volunteer position at any
317 establishment at which animals are present. The order may be
318 effective for up to 5 years after the date of the conviction,
319 regardless of whether adjudication is withheld.
320 (5)(4) This section does not apply to accepted animal
321 husbandry practices, including, but not limited to, bona fide
322 agricultural purposes, assistance with the birthing process or
323 artificial insemination of an animal for reproductive purposes,
324 accepted conformation judging practices, or accepted veterinary
325 medical practices.
326 Section 5. Section 836.13, Florida Statutes, is created to
327 read:
328 836.13 Promotion of an altered sexual depiction; prohibited
329 acts; penalties; applicability.—
330 (1) As used in this section, the term:
331 (a) “Altered sexual depiction” means any visual depiction
332 that, as a result of any type of digital, electronic,
333 mechanical, or other modification, alteration, or adaptation,
334 depicts a realistic version of an identifiable person:
335 1. With the nude body parts of another person as the nude
336 body parts of the identifiable person;
337 2. With computer-generated nude body parts as the nude body
338 parts of the identifiable person; or
339 3. Engaging in sexual conduct as defined in s. 847.001 in
340 which the identifiable person did not engage.
341 (b) “Identifiable person” means a person who is
342 recognizable as an actual person by the person’s face, likeness,
343 or other distinguishing characteristic, such as a unique
344 birthmark, or other recognizable feature.
345 (c) “Nude body parts” means the human male or female
346 genitals, pubic area, or buttocks with less than fully opaque
347 covering; or the female breast with less than a fully opaque
348 covering of any portion thereof below the top of the nipple; or
349 the depiction of covered male genitals in a discernibly turgid
350 state. The term does not under any circumstances include a
351 mother breastfeeding her baby.
352 (d) “Promote” means to issue, sell, give, provide, lend,
353 mail, deliver, transfer, transmit, transmute, publish,
354 distribute, circulate, disseminate, present, exhibit, send,
355 post, share, or advertise or to offer or agree to do the same.
356 (e) “Visual depiction” includes, but is not limited to, a
357 photograph, picture, image, motion picture, film, video, or
358 other visual representation.
359 (2) A person who willfully and maliciously promotes any
360 altered sexual depiction of an identifiable person, without the
361 consent of the identifiable person, and who knows or reasonably
362 should have known that such visual depiction was an altered
363 sexual depiction, commits a felony of the third degree,
364 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
365 (3) Every act, thing, or transaction prohibited by this
366 section constitutes a separate offense and is punishable as
367 such.
368 (4) The presence of a disclaimer within an altered sexual
369 depiction which notifies a viewer that the person or persons
370 depicted did not consent to or participate in the creation or
371 promotion of the material, or that the person or persons
372 depicted did not actually perform the actions portrayed, is not
373 a defense and does not relieve a person of criminal liability
374 under this section.
375 (5) An aggrieved person may initiate a civil action against
376 a person who violates subsection (2) to obtain appropriate
377 relief in order to prevent or remedy a violation of subsection
378 (2), including all of the following:
379 (a) Injunctive relief.
380 (b) Monetary damages to include $10,000 or actual damages
381 incurred as a result of a violation of subsection (2), whichever
382 is greater.
383 (c) Reasonable attorney fees and costs.
384 (6) The criminal and civil penalties of this section do not
385 apply to:
386 (a) A provider of an interactive computer service as
387 defined in 47 U.S.C. s. 230(f), of an information service as
388 defined in 47 U.S.C. s. 153, or of a communications service as
389 defined in s. 202.11 which provides the transmission, storage,
390 or caching of electronic communications or messages of others;
391 another related telecommunications or commercial mobile radio
392 service; or content provided by another person;
393 (b) A law enforcement officer, as defined in s. 943.10, or
394 any local, state, federal, or military law enforcement agency
395 that promotes an altered sexual depiction in connection with the
396 performance of his or her duties as a law enforcement officer or
397 the duties of the law enforcement agency;
398 (c) A person reporting unlawful activity; or
399 (d) A person participating in a hearing, trial, or other
400 legal proceeding.
401 (7) A violation of this section is committed within this
402 state if any conduct that is an element of the offense, or any
403 harm to the depicted person resulting from the offense, occurs
404 within this state.
405 (8) Prosecution of a person for an offense under this
406 section does not preclude prosecution of that person in this
407 state for a violation of any other law of this state, including
408 a law providing for greater penalties than prescribed in this
409 section or any other crime related to child pornography or the
410 sexual performance or the sexual exploitation of children.
411 Section 6. Section 836.14, Florida Statutes, is created to
412 read:
413 836.14 Theft or unauthorized promotion of a sexually
414 explicit image.—
415 (1) As used in this section, the term:
416 (a) “Identifiable person” has the same meaning as in s.
417 836.13.
418 (b) “Promote” has the same meaning as in s. 836.13.
419 (c) “Sexually explicit image” means any image depicting an
420 identifiable person portraying nudity as defined in s. 847.001
421 or an identifiable person engaging in sexual conduct as defined
422 in s. 847.001.
423 (2) A person who commits a theft in violation of s. 812.014
424 of a sexually explicit image with the intent to promote such
425 image commits a felony of the third degree, punishable as
426 provided in s. 775.082, s. 775.083, or s. 775.084.
427 (3) A person who willfully possesses with the intent to
428 promote a sexually explicit image for the purpose of pecuniary
429 or any other financial gain, when he or she knows or should have
430 known the image was obtained in violation of subsection (2),
431 commits a felony of the third degree, punishable as provided in
432 s. 775.082, s. 775.083, or s. 775.084.
433 (4) A person who willfully promotes, through the use of
434 print media, an Internet website, or other electronic means, for
435 the purpose of pecuniary or any other financial gain a sexually
436 explicit image without consent of the identifiable person
437 commits a felony of the second degree, punishable as provided in
438 s. 775.082, s. 775.083, or s. 775.084.
439 (5) Every act, thing, or transaction prohibited by this
440 section constitutes a separate offense and is punishable as
441 such.
442 (6) An aggrieved person may initiate a civil action against
443 a person who violates this section to obtain all appropriate
444 relief in order to prevent or remedy a violation of this
445 section, including the following:
446 (a) Injunctive relief.
447 (b) Monetary damages to include $10,000 or actual damages
448 incurred as a result of a violation of this section, whichever
449 is greater.
450 (c) Reasonable attorney fees and costs.
451 (7) The criminal and civil penalties of this section do not
452 apply to:
453 (a) A provider of an interactive computer service as
454 defined in 47 U.S.C. s. 230(f), of an information service as
455 defined in 47 U.S.C. s. 153, or of a communications service as
456 defined in s. 202.11 which provides the transmission, storage,
457 or caching of electronic communications or messages of others;
458 another related telecommunications or commercial mobile radio
459 service; or content provided by another person;
460 (b) A law enforcement officer, as defined in s. 943.10, or
461 any local, state, federal, or military law enforcement agency
462 that disseminates a sexually explicit image in connection with
463 the performance of his or her duties as a law enforcement
464 officer or the duties of the law enforcement agency;
465 (c) A person reporting unlawful activity;
466 (d) A person participating in a hearing, trial, or other
467 legal proceeding;
468 (e) Sexually explicit images involving voluntary exposure
469 in a public or commercial setting; or
470 (f) Sexually explicit images possessed or promoted by a
471 bona fide news media organization for a legitimate and
472 newsworthy purpose.
473 (8) A violation of this section is committed within this
474 state if any conduct that is an element of the offense, or any
475 harm to the depicted individual resulting from the offense,
476 occurs within this state.
477 (9) Prosecution of a person for an offense under this
478 section does not preclude prosecution of that person in this
479 state for a violation of any other law of this state, including
480 a law providing for greater penalties than prescribed in this
481 section or any other crime related to child pornography or the
482 sexual performance or the sexual exploitation of children.
483 Section 7. Present subsections (7) through (11) and (12)
484 through (20) of section 847.001, Florida Statutes, are
485 redesignated as subsections (8) through (12) and (14) through
486 (22), respectively, new subsections (7) and (13) are added to
487 that section, and subsection (3) and present subsections (8),
488 (16), and (19) of that section are amended, to read:
489 847.001 Definitions.—As used in this chapter, the term:
490 (3) “Child pornography” means:
491 (a) Any image depicting a minor engaged in sexual conduct;
492 or
493 (b) Any image that has been created, altered, adapted, or
494 modified by electronic, mechanical, or other means, to portray
495 an identifiable minor engaged in sexual conduct.
496 (7) “Identifiable minor” means a person:
497 (a) Who was a minor at the time the image was created,
498 altered, adapted, or modified, or whose image as a minor was
499 used in the creating, altering, adapting, or modifying of the
500 image; and
501 (b) Who is recognizable as an actual person by the person’s
502 face, likeness, or other distinguishing characteristic, such as
503 a unique birthmark, or other recognizable feature.
504
505 The term may not be construed to require proof of the actual
506 identity of the identifiable minor.
507 (9)(8) “Minor” or “child” means any person, whose identity
508 is known or unknown, younger than under the age of 18 years of
509 age.
510 (13) “Promote” means to procure, manufacture, issue, sell,
511 give, provide, lend, mail, deliver, transfer, transmit,
512 transmute, publish, distribute, circulate, disseminate, present,
513 exhibit, send, post, share, or advertise or to offer or agree to
514 do the same.
515 (18)(16) “Sexual conduct” means actual or simulated sexual
516 intercourse, deviate sexual intercourse, sexual bestiality,
517 masturbation, or sadomasochistic abuse; actual or simulated lewd
518 exhibition of the genitals; actual physical contact with a
519 person’s clothed or unclothed genitals, pubic area, buttocks,
520 or, if such person is a female, breast with the intent to arouse
521 or gratify the sexual desire of either party; or any act or
522 conduct which constitutes sexual battery or simulates that
523 sexual battery is being or will be committed. A mother’s
524 breastfeeding of her baby does not under any circumstance
525 constitute “sexual conduct.”
526 (21)(19) “Simulated” means the explicit depiction of
527 conduct described in subsection (18) (16) which creates the
528 appearance of such conduct and which exhibits any uncovered
529 portion of the breasts, genitals, or buttocks.
530 Section 8. Subsection (5) of section 847.011, Florida
531 Statutes, is amended to read:
532 847.011 Prohibition of certain acts in connection with
533 obscene, lewd, etc., materials; penalty.—
534 (5)(a)1. A person may not knowingly sell, lend, give away,
535 distribute, transmit, show, or transmute; offer to sell, lend,
536 give away, distribute, transmit, show, or transmute; have in his
537 or her possession, custody, or control with the intent to sell,
538 lend, give away, distribute, transmit, show, or transmute; or
539 advertise in any manner an obscene, child-like sex doll.
540 2.a. Except as provided in sub-subparagraph b., a person
541 who violates this paragraph commits a felony of the third
542 degree, punishable as provided in s. 775.082, s. 775.083, or s.
543 775.084.
544 b. A person who is convicted of violating this paragraph a
545 second or subsequent time commits a felony of the second degree,
546 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
547 (b)1. Except as provided in subparagraph 2., a person who
548 knowingly has in his or her possession, custody, or control an
549 obscene, child-like sex doll commits a misdemeanor of the first
550 degree, punishable as provided in s. 775.082 or s. 775.083.
551 2. A person who is convicted of violating this paragraph a
552 second or subsequent time commits a felony of the third degree,
553 punishable as provided in s. 775.082 or s. 775.083.
554 (c)1. A law enforcement officer may arrest without a
555 warrant any person who he or she has probable cause to believe
556 has violated paragraph (b).
557 2. Upon proper affidavits being made, a search warrant may
558 be issued to further investigate a violation of paragraph (b),
559 including to search a private dwelling.
560 Section 9. Subsections (1) through (4) of section 847.0137,
561 Florida Statutes, are amended to read:
562 847.0137 Transmission of pornography by electronic device
563 or equipment prohibited; penalties.—
564 (1) As used in this section, the term For purposes of this
565 section:
566 (a) “Minor” means any person less than 18 years of age.
567 (b) “transmit” means the act of sending and causing to be
568 delivered, including the act of providing access for receiving
569 and causing to be delivered, any image, information, or data
570 from one or more persons or places to one or more other persons
571 or places over or through any medium, including the Internet or
572 an interconnected network, by use of any electronic equipment or
573 other device.
574 (2) Notwithstanding ss. 847.012 and 847.0133, any person in
575 this state who knew or reasonably should have known that he or
576 she was transmitting child pornography, as defined in s.
577 847.001, to another person in this state or in another
578 jurisdiction commits a felony of the third degree, punishable as
579 provided in s. 775.082, s. 775.083, or s. 775.084.
580 (3) Notwithstanding ss. 847.012 and 847.0133, any person in
581 any jurisdiction other than this state who knew or reasonably
582 should have known that he or she was transmitting child
583 pornography, as defined in s. 847.001, to any person in this
584 state commits a felony of the third degree, punishable as
585 provided in s. 775.082, s. 775.083, or s. 775.084.
586 (4) This section shall not be construed to preclude
587 prohibit prosecution of a person in this state or another
588 jurisdiction for a violation of any law of this state, including
589 a law providing for greater penalties than prescribed in this
590 section, for the transmission of child pornography, as defined
591 in s. 847.001, to any person in this state.
592
593 The provisions of this section do not apply to subscription
594 based transmissions such as list servers.
595 Section 10. Paragraphs (c) through (f) of subsection (3) of
596 section 921.0022, Florida Statutes, are amended to read:
597 921.0022 Criminal Punishment Code; offense severity ranking
598 chart.—
599 (3) OFFENSE SEVERITY RANKING CHART
600 (c) LEVEL 3
601
602 FloridaStatute FelonyDegree Description
603 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
604 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
605 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
606 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
607 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
608 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
609 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
610 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
611 327.35(2)(b) 3rd Felony BUI.
612 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
613 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
614 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
615 379.2431 (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.
616 379.2431 (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.
617 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
618 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
619 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
620 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
621 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
622 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
623 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
624 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
625 697.08 3rd Equity skimming.
626 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
627 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
628 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
629 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
630 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
631 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
632 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
633 812.081(2) 3rd Theft of a trade secret.
634 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
635 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
636 817.233 3rd Burning to defraud insurer.
637 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
638 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
639 817.236 3rd Filing a false motor vehicle insurance application.
640 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
641 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
642 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
643 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
644 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
645 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent.
646 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
647 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
648 860.15(3) 3rd Overcharging for repairs and parts.
649 870.01(2) 3rd Riot.
650 870.01(4) 3rd Inciting a riot.
651 893.13(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).
652 893.13(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.
653 893.13(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.
654 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
655 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
656 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
657 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
658 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
659 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
660 893.13(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.
661 893.13(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.
662 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
663 893.13(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.
664 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
665 944.47(1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
666 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
667 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
668 (d) LEVEL 4
669
670 FloridaStatute FelonyDegree Description
671 316.1935(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.
672 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
673 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
674 517.07(1) 3rd Failure to register securities.
675 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
676 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
677 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
678 784.075 3rd Battery on detention or commitment facility staff.
679 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
680 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
681 784.081(3) 3rd Battery on specified official or employee.
682 784.082(3) 3rd Battery by detained person on visitor or other detainee.
683 784.083(3) 3rd Battery on code inspector.
684 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
685 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
686 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
687 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
688 787.07 3rd Human smuggling.
689 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
690 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
691 790.115(2)(c) 3rd Possessing firearm on school property.
692 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
693 806.135 2nd Destroying or demolishing a memorial or historic property.
694 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
695 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
696 810.06 3rd Burglary; possession of tools.
697 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
698 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
699 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items.
700 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
701 817.505(4)(a) 3rd Patient brokering.
702 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
703 817.568(2)(a) 3rd Fraudulent use of personal identification information.
704 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
705 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
706 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
707 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it.
708 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
709 837.02(1) 3rd Perjury in official proceedings.
710 837.021(1) 3rd Make contradictory statements in official proceedings.
711 838.022 3rd Official misconduct.
712 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
713 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
714 843.021 3rd Possession of a concealed handcuff key by a person in custody.
715 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
716 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
717 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
718 870.01(3) 2nd Aggravated rioting.
719 870.01(5) 2nd Aggravated inciting a riot.
720 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
721 893.13(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).
722 914.14(2) 3rd Witnesses accepting bribes.
723 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
724 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
725 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
726 918.12 3rd Tampering with jurors.
727 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
728 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
729 951.22(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.
730 (e) LEVEL 5
731
732 FloridaStatute FelonyDegree Description
733 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
734 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
735 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
736 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
737 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
738 379.365(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.
739 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
740 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
741 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
742 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
743 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
744 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
745 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
746 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
747 790.01(2) 3rd Carrying a concealed firearm.
748 790.162 2nd Threat to throw or discharge destructive device.
749 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
750 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
751 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
752 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
753 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
754 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
755 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
756 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
757 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
758 812.019(1) 2nd Stolen property; dealing in or trafficking in.
759 812.081(3) 2nd Trafficking in trade secrets.
760 812.131(2)(b) 3rd Robbery by sudden snatching.
761 812.16(2) 3rd Owning, operating, or conducting a chop shop.
762 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
763 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
764 817.2341(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.
765 817.568(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.
766 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
767 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
768 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
769 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography sexual conduct by a child.
770 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography sexual conduct by a child.
771 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
772 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
773 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
774 843.01 3rd Resist officer with violence to person; resist arrest with violence.
775 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
776 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
777 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
778 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
779 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
780 893.13(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).
781 893.13(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.
782 893.13(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.
783 893.13(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.
784 893.13(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.
785 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
786 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
787 (f) LEVEL 6
788
789 FloridaStatute FelonyDegree Description
790 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
791 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
792 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
793 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
794 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
795 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
796 775.0875(1) 3rd Taking firearm from law enforcement officer.
797 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
798 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
799 784.041 3rd Felony battery; domestic battery by strangulation.
800 784.048(3) 3rd Aggravated stalking; credible threat.
801 784.048(5) 3rd Aggravated stalking of person under 16.
802 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
803 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
804 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
805 784.081(2) 2nd Aggravated assault on specified official or employee.
806 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
807 784.083(2) 2nd Aggravated assault on code inspector.
808 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
809 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
810 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
811 790.164(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.
812 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
813 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
814 794.05(1) 2nd Unlawful sexual activity with specified minor.
815 800.04(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.
816 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
817 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
818 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
819 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
820 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
821 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
822 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
823 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
824 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
825 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
826 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
827 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
828 825.102(1) 3rd Abuse of an elderly person or disabled adult.
829 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
830 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
831 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
832 827.03(2)(c) 3rd Abuse of a child.
833 827.03(2)(d) 3rd Neglect of a child.
834 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
835 828.126(3) 3rd Sexual activities involving animals.
836 836.05 2nd Threats; extortion.
837 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
838 843.12 3rd Aids or assists person to escape.
839 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
840 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
841 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
842 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
843 944.35(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.
844 944.40 2nd Escapes.
845 944.46 3rd Harboring, concealing, aiding escaped prisoners.
846 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
847 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
848 Section 11. Paragraph (j) of subsection (1) of section
849 288.1254, Florida Statutes, is amended to read:
850 288.1254 Entertainment industry financial incentive
851 program.—
852 (1) DEFINITIONS.—As used in this section, the term:
853 (j) “Qualified production” means a production in this state
854 meeting the requirements of this section. The term does not
855 include a production:
856 1. In which, for the first 2 years of the incentive
857 program, less than 50 percent, and thereafter, less than 60
858 percent, of the positions that make up its production cast and
859 below-the-line production crew, or, in the case of digital media
860 projects, less than 75 percent of such positions, are filled by
861 legal residents of this state, whose residency is demonstrated
862 by a valid Florida driver license or other state-issued
863 identification confirming residency, or students enrolled full
864 time in a film-and-entertainment-related course of study at an
865 institution of higher education in this state; or
866 2. That contains obscene content as defined in s. 847.001
867 s. 847.001(10).
868 Section 12. Subsection (1) of section 847.0141, Florida
869 Statutes, is amended to read:
870 847.0141 Sexting; prohibited acts; penalties.—
871 (1) A minor commits the offense of sexting if he or she
872 knowingly:
873 (a) Uses a computer, or any other device capable of
874 electronic data transmission or distribution, to transmit or
875 distribute to another minor any photograph or video of any
876 person which depicts nudity, as defined in s. 847.001 s.
877 847.001(9), and is harmful to minors, as defined in s. 847.001
878 s. 847.001(6).
879 (b) Possesses a photograph or video of any person that was
880 transmitted or distributed by another minor which depicts
881 nudity, as defined in s. 847.001 s. 847.001(9), and is harmful
882 to minors, as defined in s. 847.001 s. 847.001(6). A minor does
883 not violate this paragraph if all of the following apply:
884 1. The minor did not solicit the photograph or video.
885 2. The minor took reasonable steps to report the photograph
886 or video to the minor’s legal guardian or to a school or law
887 enforcement official.
888 3. The minor did not transmit or distribute the photograph
889 or video to a third party.
890 Section 13. This act shall take effect October 1, 2022.
