Filing # 19490846 Electronically Filed 10/16/2014 05:00:09 PM RECEIVED, 10/16/2014 17:04:11, John A. Tomasino, Clerk, Supreme Court APPENDIX C The Committee on Standard Jury Instructions in Criminal Cases The Honorable Jerri Is. Collins, Chair
Chapter 775 Section 0862 - - Page 1 of 1 Title XI VI i Chapter 775 SECTION 0862 CRIMES DEFINITIONS; GENERAI, Sexual offenses against students by PENALTIES; REGISTRATION OF CRIMINALS I ntirt ( hapte authority figures; reclassification. 775.0862 Sexual offenses against students by authority figures; reclassification. (1) As used in this section, the terrn "Authority figure" means a person 18 years of age or older who is employed by, volunteering at, or under contract with a school "School" has the same meaning as provided in s.. and includes a private school as defined in s. a volumary prekindergarten educat:on program as described m s. (3), early learning programs, a publit school as dewribed m s. (1). the I londa ¼ hool for the F)eat and the Blind the Florida Virtual Schoo! estabbshed under s... and a K-8 Virtual School established under s.. The term does not include facilities dedicated exclusively to the education of adults. (c) "Student" means a person younger than 18 years of age who is enrolled at a school. 12ï I he telony ace.ree or a noia1ion of an offense listed in s (!)( 1 a., unless the atiense is a no ation of s ( 1)(g) or s. (H)2., shall be reclassified as provided in this section if the offense is committed by an authority figure of a school against a student of the school. (3) In the case of a felony of the third degree, the offense is reclassified to a felony of the second degree. (c) In the case of a felony of the second degree, the offense is reclassified to a felony of the first degree. In the case of a felony of the first degree, the offense is reclassified to a life felony. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. or s. of the offense committed. History.-s.2, ch.2014-202. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright 2000-2014 State of Florida. http://www.fisenate.gov/laws/statutes/2014/775.0862 9/2/2014
Chapter 794 Section 05 - - Page 1 of 1 Title XLVI (;hypter M1 SECTION 05 CRIMES SEXUAL BATERY Unlawful sexual activity with I ntire Chapter 794.05 Unlawful sexual activity with certain minors.- certain minors. (1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s., s, or s. As used in this section, 'sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose. (2) The provisions of this section do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743. (3) The victim's prior sexual conduct is not a relevant issue in a prosecution under this section. (4) If an offense under this section directly results in the victim giving birth to a child, paternity of that child shall be established as described in chapter 742. If it is determined that the offender is the father of the child, the offender must pay child support pursuant to the child support guidelines described in chapter 61. History.- RS 2598; s. L ch. 4965, 1901; GS 3521, s. 1, ch. 6974, 1915; s. L ch. 7732, 1918; RGS 5409; s. 1, ch. 8596, 1921; CGL 7552; s. 1, ch. 6 l- 109; s. 759, ch. 71-136; s. 1, ch 96-409; s. 5, ch. 2014-4. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright 2000-2014 State of Florida. http://www.flsenate.gov/laws/statutes/2014/794.05 8/14/2014
Chapter 800 Section 04 - - Page 1 of 3 Title XLVI Cha y r 8t a SECTION 04 CRLMES l.ewdness: INI lldn l Lewd or lascivious offenses EXIUSURl. committed upon or in the presence I nhrefh,gter of persons less than 16 years of age. 800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age. (I) DEFINITIONS.-As used in this section: "Sexual activity" means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose. "Consent" means intelligent, knowing, and voluntary consent, and does not include submission by coercion. (c) "Coercion" means the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance. (d) "Victim" means a person upon whom an offense described in this section was committed or attempted or a person who has reported a violation of this section to a law enforcement officer. (2) PROHIBITED DEFENSES.- Neither the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by this section. (3) IGNORANCE OR BELIEF OF VICTIM'S AGE.-The perpetrator's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the perpetrator's bona fide belief of the victim's age cannot be raised as a defense in a prosecution under this section. (4) LEWD OR LASCIVIOUS BATTERY.- A person commits lewd or lascivious battery by: 1. Engaging in sexual activity with a person 12 years of age or older but less than 16 years of age; or 2. Encouraging, forcing, or enticing any person less than I6 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity. Except as provided in paragraph (c), an offender who commits lewd or lascivious battery commits a felony of the second degree, punishable as provided in s., s., or s. (c) A person comrnits a felony of the first degree, punishable as provided in s., s., or s.. 042 if the person is an offender 18 years of age or older who commits lewd or lascivious battery and was previously convicted of a violation of: 1. Section 042 (2) or s. (2) when the violation invoh ed a victim who was a minor and, in the course al committing that violation, the defendant committed against the minor a sexual battery under chapter 794 or a lewd act under this section or s. 847.0115(5); 2. Section (3)2. or 3.; 1 Section (3)2. or 3.; 4. Chapter 794, excluding s. (10); 5. Section825.l025; 6. Section 847.0135(5); or 7. This section. (5) LEWD OR LASCIVIOUS MOl STATION.- A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation. http://www.flsenate.gov/laws/statutes/2014/800.04 9/2/2014
Chapter 800 Section 04 - - Page 2 of 3 An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony, punishable as provided in s. (3)4. (c)l. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; or 2. An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the second degree, punishable as provided in s., s.., or s. (d) An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree, punishable as provided in s.. s. (c) A person commits a felony of the first degree, punishable as provided in s.., s., or s. if the person is 18 years of age or older and commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age and the person was previously convicted of a violation of: 1. Section (2) or s.. (2) when the violation involved a victim who was a minor and, in the course of committing the violation, the defendant committed against the minor a sexual battery under chapter 794 or a lewd act under this section or s. 847.013 3(5); 2. Section (3)2. or 3.; 3. Section (3)2. or 3.; 4. Chapter 794, excluding s...(io); 5. Section 825. 1025; 6. Section 847.0 l35(5); or 7. This section. (6) LEWD OR LASCIVIOUS CONDUCT. A person who: 1. Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or 2. Solicits a person under 16 years of age to commit a lewd or lascivious act commits lewd or lascivious conduct. An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second degree, punishable as provided in s. 771uS2, s. 771081, or s. 775 USt (c) An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree, punishah]e as provided in s., s., or s. (7) LEWD OR LASCIVIOUS EXI HBITION.- A person who: 1. Intentionally masturbates; / intentionally exposes the genitals in a lewd or lascivious manner; or 3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition. An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable as provided in s., s., or s. (c) An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree, punishable as provided in s., s. or s. http://www.hsenate.gov/laws/statutes/2014/800.04 9/2/2014
Chapter 810 Section 14 - - Page 1 of 1 TitleXLV1 thapter81u { SECTION14 CRIMES BURGLARY AND TRESPASS Voyeurism prohibited; penalties. I n_ti_re Chapter 810.14 Voyeurism prohibited; penalties.- (1) A person commits the offense of voyeurism when he or she, with lewd, lascivious, or indecent intent: Secretly observes another person when the other person is located in a dwelling, structure, or conveyance and such location provides a reasonable expectation of privacy. Secretly observes another person's intimate areas in which the person has a reasonable expectation of privacy, when the other person is located in a public or private dwelling, structure, or conveyance. As used in this paragraph, the term "intimate area" means any portion of a person's body or undergarments that is covered by clothing and intended to be protected from public view. (2) A person who violates this section commits a misdemeanor of the first degree for the first violation, punishable as provided in s. 73082 or s. Zi.UHl (3) A person who violates this section and who has been previously convicted or adjudicated delinquent two or more times of any violation of this section commits a felony of the third degree, punishable as provided in s., s. 7 i.083, or s. 275.084. (4) For purposes of this section, a person has been previously convicted or adjudicated delinquent of a violation of this section if the violation resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense. History. - s. 2, ch. 98-415; s. 101, ch. 99-3; s. 1, ch. 2006-267; s. 7, ch. 20!4-4. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright 2000-2014 State of Rorida. http://www.fisenate.gov/laws/statutes/2014/810.14 8/14/2014
Chapter 812 Section 015 - - Page 1 of 3 Title XLVI Chapter 812 SECTION 015 CRIMES THEFT, ROBBERY, AND RELATED Retail and farm theft; transit fare CRIMES i evasion; mandatory fine; alternative punishment; detention Entire Chapter and arrest; exemption from liability for false arrest; resisting arrest; penalties. 812.015 Retail and farm theft; transit fare evasion; mandatory fine; alternative punishment; detention and arrest; exemption from liability for false arrest; resisting arrest; penaltiesc (1) As used in this section: "Merchandise" means any personal property, capable of manual delivery, displayed, held, or offered for retail sale by a merchant. "Merchant" means an owner or operator, or the agent, consignee, employee, lessee, or officer of an owner or operator, of any premises or apparatus used for retail purchase or sale of any merchandise. (c) "Value of merchandise" means the sale price of the merchandise at the time it was stolen or otherwise removed, depriving the owner of her or his lawful right to ownership and sale of said item. (d) "Retail theft" means the taking possession of or carrying away of merchandise, property, money, or negotiable documents; altering or removing a label, universal product code, or price tag; transferring merchandise from one container to another; or removing a shopping cart, with intent to deprive the merchant of possession, use, benefit, or full retail value. (e) "Farm produce" means livestock or any item grown, produced, or manufactured by a person owning, renting, or leasing land for the purpose of growing, producing, or manufacturing items for sale or personal use, either part time or full time. (f) "Farmer" means a person who is engaging in the growing or producing of farm produce, milk products, honey, eggs, or meat, either part time or full time, for personal consumption or for sale and who is the owner or lessee of the land or a person designated in writing by the owner or lessee to act as her or his agent. No person defined as a farm labor contractor pursuant to s. 1m28 shall be designated to act as an agent for purposes of this section. (g) "Farm theft" means the unlawful taking possession of any items that are grown or produced on land owned, rented, or leased by another person. The term includes the unlawful taking possession of equipment and associated materials used to grow or produce farm products as defined in s. (3)(c). (h) "Antishoplifting or inventory control device" means a mechanism or other device designed and operated for the purpose of detecting the removal from a mercantile establishment or similar enclosure, or from a protected area within such an enclosure, of specially marked or tagged merchandise. The term includes any electronic or digital imaging or any video recording or other film used for security purposes and the cash register tape or other record made of the register receipt. (i) "Antishoplifting or inventory control device countermeasure" means any item or device which is designed, manufactu red, modified, or altered to defeat any antishoplifting or inventory control device. (j) "Transit fare evasion" means the unlawful refusal to pay the appropriate fare for transportation upon a mass transit vehicle, or to evade the payment of such fare, or to enter any mass transit vehicle or facility by any door, passageway, or gate, except as provided for the entry of fare-paying passengers, and shall constitute petit theft as proscribed by this chapter. (k) "Mass transit vehicle" means buses, rail cars, or fixed-guideway mover systems operated by, or under contract to, state agencies, political subdivisions of the state, or municipalities for the transportation of fare-paying passengers. http://www.f1senate.gov/laws/statutes/2014/812.015 8/14/2014
Chapter 812 Section 015 - - Page 2 of 3 (1) "Transit agency" means any state agency, political subdivision of the state, or municipality which operates mass transit vehicles. (m) "Trespass" means the violation as described in s. H10.08. (2) Upon a second or subsequent conviction for petit theft from a merchant, farmer, or transit agency, the offender shall be punished as provided in s. M I m 4(3), except that the court shall impose a fine of not less than $50 or more than $1,000. However, in lieu of such fine, the court may require the offender to perform public services designated by the court. In no event shall any such offender be required to perform fewer than the number of hours of public service necessary to satisfy the fine assessed by the court, as provided by this subsection, at the minimum wage prevailing in the state at the time of sentencing. (3) A law enforcement officer, a merchant, a farmer, or a transit agency's employee or agent, who has probable cause to believe that a retail theft, farm theft, a transit fare evasion, or trespass, or unlawful use or attempted use of any antishoplifting or inventory control device countermeasure, has been committed by a person and, in the case of retail or farm theft, that the property can be recovered by taking the offender into custody may, for the purpose of attempting to effect such recovery or for prosecution, take the offender into custody and detain the offender in a reasonable manner for a reasonable length of time. In the case of a farmer, taking into custody shall be effectuated only on property owned or leased by the farmer. In the event the merchant, merchant's employee, farmer, or a transit agency's employee or agent takes the person into custody, a law enforcement officer shall be called to the scene immediately after the person has been taken into custody. The activation of an antishoplifting or inventory control device as a result of a person exiting an establishment or a protected area within an establishment shall constitute reasonable cause for the detention of the person so exiting by the owner or operator of the establishment or by an agent or employee of the owner or operator, provided sufficient notice has been posted to advise the patrons that such a device is being utilized. Each such detention shall be made only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the device. (c) The taking into custody and detention by a law enforcement officer, merchant, merchant's employee, farmer, or a transit agency's employee or agent, if done in compliance with all the requirements of this subsection, shall not render such law enforcement officer, merchant, merchant's employee, farmer, or a transit agency's employee or agent, criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. (4) Any law enforcement officer may arrest, either on or off the premises and without warrant, any person the officer has probable cause to believe unlawfully possesses, or is unlawfully using or attempting to use or has used or attempted to use, any antishoplifting or inventory control device countermeasure or has committed theft in a retail or wholesale establishment or on commercial or private farm lands of a farmer or transit fare evasion or trespass. (5) A merchant, merchant's employee, farmer, or a transit agency's employee or agent who takes a person into custody, as provided in subsection (3), or who causes an arrest, as provided in subsection (4), of a person for retail theft, farm theft, transit fare evasion, or trespass shall not be criminally or civilly liable for false arrest or false imprisonment when the merchant, merchant's employee, farmer, or a transit agency's employee or agent has probable cause to believe that the person committed retail theft, farm theft, transit fare evasion, or trespass. If a merchant or merchant's employee takes a person into custody as provided in this section, or acts as a witness with respect to any person taken into custody as provided in this section, the merchant or merchant's employee may provide his or her business address rather than home address to any investigating law enforcement officer. (6) An individual who, while committing or after committing theft of property, transit fare evasion, or trespass, resists the reasonable effort of a law enforcement officer, merchant, merchant's employee, farmer, or a transit agency's employee or agent to recover the property or cause the individual to pay the proper transit fare or vacate the transit facility which the law enforcement officer, merchant, merchant's employee, farmer, or a transit agency's employee or agent had probable cause to believe the individual had concealed or removed from its place of display or elsewhere or perpetrated a transit fare evasion or trespass commits a misdemeanor of the first degree, punishable as provided in s. http://www.fisenate.gov/laws/statutes/2014/812.015 8/14/2014
Chapter 812 Section 015 - - Page 3 of 3 or s. unless the individual did not know, or did not have reason to know, that the person seeking to recover the property was a law enforcement officer, merchant, merchant's employee, farmer, or a transit agency's employee or agent. For purposes of this section the charge of theft and the charge of resisting may be tried concurrently. (7) It is unlawful to possess, or use or attempt to use, any antishoplifting or inventory control device countermeasure within any premises used for the retail purchase or sale of any merchandise. Any person who possesses any antishoplifting or inventory control device countermeasure within any premises used for the retail purchase or sale of any merchandise commits a felony of the third degree, punishable as provided in s., s. o or s. Any person who uses or attempts to use any antishoplifting or inventory control device countermeasure within any premises used for the retail purchase or sale of any merchandise commits a felony of the third degree, punishable as provided in s., s. 042 W, or s.. (8) Except as provided in subsection (9), a person who commits retail theft commits a felony of the third degree, punishable as provided in s., s.. or s., if the property stolen is valued at $300 or more, and the person: Individually, or in concert with one or more other persons, coordinates the activities of one or more individuals in committing the offense, in which case the amount of each individual theft is aggregated to determine the value of the property stolen; Commits theft from more than one location within a 48-hour period, in which case the amount of each individual theft is aggregated to determine the value of the property stolen; (c) Acts in concert with one or more other individuals within one or more establishments to distract the merchant, merchant's employee, or law enforcement officer in order to carry out the offense, or acts in other ways to coordinate efforts to carry out the offense; or (d) Commits the offense through the purchase of merchandise in a package or box that contains merchandise other than, or in addition to, the merchandise purported to be contained in the package or box. (9) A person commits a felony of the second degree, punishable as provided in s. 254, s., or s. if the person: Violates subsection (8) and has previously been convicted of a violation of subsection (8); or Individually, or in concert with one or more other persons, coordinates the activities of one or more persons in committing the offense of retail theft where the stolen property has a value in excess of $3,000. History.--.s. 2, ch. 78-348; s. 177, ch. 79-164; s. 1, ch. 80-379; s. 1, ch. 81-108; s. 1, ch. 81 163; s. 165, ch. 83-216; s. 2, ch. 86-161; s. 1, ch. 88-325; s. 40, ch. 91-110; s. 190, ch. 91-224; s. 2, ch. 92-79; s. 1 1, ch. 95-184; s. 1, ch. 96-366; s. 1820, ch. 97-102; s. 33, ch. 97-280; s. 3, ch. 2001-115; s. 2, ch. 2007-177; s. 63, ch. 2011-206; s. 1 8, ch. 2012-83. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright 2000-2014 State of Florida. http://www.flsenate.gov/laws/statutes/2014/812.015 8/14/2014
Chapter 825 Section 1025 - - Page 1 of 2 Title XLVI ChapterR5 SECTION 1025 CRIMES ABUSE, NEGLECT, AND Lewd or lascivious offenses EXPLOITATION OF ELDERLY committed upon or in the presence PERSONS AND DISABLED of an elderly person or disabled ADULTS Entire Chapter person. 825,1025 Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person-- (1) As used in this section, "sexual activity" means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose. (2) "Lewd or lascivious battery upon an elderly person or disabled person" occurs when a person encourages, forces, or entices an elderly person or disabled person to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity, when the person knows or reasonably should know that the elderly person or disabled person either lacks the capacity to consent or fails to give consent. A person who commits lewd or lascivious battery upon an elderly person or disabled person commits a felony of the second degree, punishable as provided in s. _, s., or s. (3) "Lewd or lascivious molestation of an elderly person or disabled person" occurs when a person intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of an elderly person or disabled person when the person knows or reasonably should know that the elderly person or disabled person either lacks the capacity to consent or fails to give consent. A person who commits lewd or lascivious molestation of an elderly person or disabled person commits a felony of the third degree, punishable as provided in s. s., or s. M9. (4) "Lewd or lascivious exhibition in the presence of an elderly person or disabled person" occurs when a person, in the presence of an elderly person or disabled person: 1. Intentionally masturbates; 2. Intentionally exposes his or her genitals in a lewd or lascivious manner; or 3. Intentionally commits any other lewd or lascivious act that does not involve actual physical or sexual contact with the elderly person or disabled person, including but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity, when the person knows or reasonably should know that the elderly person or disabled person either lacks the capacity to consent or fails to give consent to having such act committed in his or her presence. A person who commits a lewd or lascivious exhibition in the presence of an elderly person or disabled person commits a felony of the third degree, punishable as provided in s.., s., or s. History.- s. 4, ch. 96-322; s. L ch 2002-159 Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. http://www.0senate.gov/laws/statutes/2014/825.1025 8/14/2014
Chapter 847 Section 0135 - - Page 1 of 2 Title XINI Chapter 847 SECTION 0135 CRlMES OBSCENITY Computer pornography; prohibited computer usage; traveling to meet, Entire Chapter minor; penalties. 847.0135 Computer pornography; prohibited computer usage; traveling to meet minor; penalties. (1) SHORT TITLE.-This section shall be known and may be cited as the "Computer Pornography and Child Exploitation Prevention Act." (2) COMPUTER PORNOGRAPHY.-A person who: (c) (d) Knowingly compiles, enters into, or transmits by use of computer; Makes, prints, publishes, or reproduces by other computerized means; Knowingly causes or allows to be entered into or transmitted by use of computer; or Buys, sells, receives, exchanges, or disseminates, any notite, statement. or advertkement or any minor's name. telephone number, place of residence, physical characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or soliciting sexual conduct of or with any minor, or the visual depiction of such conduct, commits a felony of the third degree, punishable as provided in s. 042 æ, s..., or s. : NM. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this section shall not constitute a defense to a prosecution under this section. (3) CERTAIN USES OF COMPUTER SERVICES OR DEVICES PROHIBITED.-Any person who knowingly uses a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmissmn to µ) Seduce. solicit. lure, or entice or attempt to seduce. suhcit. lure, or entice. a child or another person believed by the person to be a child, to commit any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a child; or Solicit, lure, or entice, or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct, commits a felony of the third degree, punishable as provided in s.., s., or s. l. Any person who, in violating this subsection, misrepresents his or her age, commits a felony of the second degree, punishable as provided in s., s., or s. Each separate use of a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission wherein an offense described in this section is committed may be charged as a separate offense. (4) TRAVELING TO MEET A MINOR.-Any person who travels any distance either within this state, to this state, or from this state by any means, who attempts to do so, or who causes another to do so or to attempt to do so for the purpose of engaging in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child or with another person believed by the person to be a child after using a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to: http://www.fisenate.gov/laws/statutes/2014/847.0135 8/14/2014
Chapter 847 Section 0135 - - Page 2 of 2 Seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice a child or another person believed by the person to be a child, to engage in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child; or Solicit, lure, or entice or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct, commits a felony of the second degree, punishable as provided in s... N, s. 3M, or s. (5) CERTAIN COMPUTER TRANSMISSIONS PROHIBlTED.- A person who: 1. Intentionally masturbates; 2. Intentionally exposes the genitals in a lewd or lascivious manner; or 3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity live over a computer online service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim who is less than 16 years of age, commits lewd or lascivious exhibition in violation of this subsection. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this subsection shall not constitute a defense to a prosecution under this subsection. An offender 18 years of age or older who commits a lewd or lascivious exhibition using a computer commits a felony of the second degree, punishable as provided in s.., s.., or s. (c) An offender less than 18 years of age who commits a lewd or lascivious exhibition using a computer commits a felony of the third degree, punishable as provided in s.. s. or s.. (d) A mother's breastfeeding of her baby does not under any circumstance constitute a violation of this subsection. (6) OWNERS OR OPERATORS OF COMPUTER SERVICES LIABLE.-It is unlawful for any owner or operator of a computer online service, Internet service, or local bulletin board service knowingly to permit a subscriber to use the service to commit a violation of this section. Any person who violates this section commits a misdemeanor of the first degree, punishable by a fine not exceeding $2,000. (7) STATE CRIMINAL JURISDICTION.-A person is subject to prosecution in this state pursuant to chapter 910 for any conduct proscribed by this section which the person engages in, while either within or outside this state, if by such conduct the person commits a violation of this section involving a child, a child's guardian, or another person believed by the person to be a child or a child's guardian. (8) EFFECT OF PROSECUTION.-Prosecution of any person for an offense under this section shall not prohibit prosecution of that person in this state or another jurisdiction for a violation of any law of this state, including a law providing for greater penalties than prescribed in this section or any other crime punishing the sexual performance or the sexual exploitation of children. History.-s. I 1, ch. 86-238; s. 213, ch. 9[ -224; s. 71, ch. 96-388; s. 3, ch. 2001-54; s. 5, ch. 2007-143; s. 4, ch. 2008-172; s. 7, ch. 2009-194. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright 2000-2014 State of Florida. http://www.fisenate.gov/laws/statutes/2014/847.0135 8/14/2014
Chapter 847 Section 001 - - Page 1 of 3 Title Al VI Chart 847 SECTION 001 CRIMES i OBSCENITY Definitions. Entire Chapter 847.001 Definitionsc As used in this chapter, the term: (1) "Adult" means a person 18 years of age or older. (2) "Adult entertainment establishment" means the following terms as defined: "Adult bookstore" means any corporation, partnership, or business of any kind which restricts or purports to restrict admission only to adults, which has as part of its stock books, magazines, other periodicals, videos, discs, or other graphic media and which offers, sells, provides, or rents for a fee any sexually oriented material. "Adult theater" means an enclosed building or an enclosed space within a building used for presenting either filrns, live plays, dances, or other performances that are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specific sexual activities for observation by patrons, and which restricts or purports to restrict admission only to adults. (c) "Special Cabaret" means any business that features persons who engage in specific sexual activities for observation by patrons, and which restricts or purports to restrict admission only to adults. (d) "Unlicensed massage establishment" means any business or enterprise that offers, sells, or provides, or that holds itself out as offering, selling, or providing, massages that include bathing, physical massage, rubbing, kneading, anointing, stroking, manipulating, or other tactile stimulation of the human body by either male or female employees or attendants, by hand or by any electrical or mechanical device, on or off the premises. The term "unlicensed massage establishment" does not include an establishment licensed under s. by state-licensed health care practitioners and massage therapists licensed under s. (3) "Child pornography" means any image depicting a minor engaged in sexual conduct. which routinely provides medical services (4) "Computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions and includes any data storage facility or communications facility directly related to or operating in conjunction with such device. The term also includes: any online service, Internet service, or local bulletin board; any electronic storage device, including a floppy disk or other magnetic storage device; or any compact disc that has read-only memory and the capacity to store audio, video, or written materials. (5) "Deviate sexual intercourse" means sexual conduct between persons not married to each other consisting of contact between the penis and the anus, the mouth and the penis, or the mouth and the vulva. (6) "1 larmful to minors" means any reproduction, imitation, characterization, description, exhibition, presentation, or representation, of whatever kind or form, depicting nudity, sexual conduct, or sexual excitement when it: Predominantly appeals to a prurient, shameful, or morbid interest; Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors; and (c) Taken as a whole, is without serious literary, artistic, political, or scientific value for minors. A mother's breastfeeding of her baby is not under any circumstance "harmful to minors." (7) "Masochism" means sexual gratification achieved by a person through, or the association of sexual activity with, submission or subjection to physical pain, suffering, humiliation, torture, or death. (8) "Minor" means any person under the age of 18 years. http://www.flsenate.gov/laws/statutes/2014/847.001 8/14/2014
Chapter 847 Section 001 - - Page 2 of 3 (9) "Nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state. A mother's breastfeeding of her baby does not under any circumstance constitute "nudity," irrespective of whether or not the nipple is covered during or incidental to feeding. (10) "Obscene" means the status of material which: The average person, applying contemporary community standards, would find, taken as a whole, appeals to the prurient interest; Depicts or describes, in a patently offensive way, sexual conduct as specifically defined herein; and (c) Taken as a whole, lacks serious literary, artistic, political, or scientific value. A mother's breastfeeding of her baby is not under any circumstance "obscene." (11) "Person" includes individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. (12) "Sadism" means sexual gratification achieved through, or the association of sexual activity with, the infliction of physical pain, suffering, humiliation, torture, or death upon another person or an animal. (13) "Sadomasochistic abuse" means flagellation or torture by or upon a person or animal, or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction, or satisfaction brought about as a result of sadistic violence, from inflicting harm on another or receiving such harm oneself. (14) "Sexual battery" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, "sexual battery" does not include an act done for a bona fide medical purpose. (15) "Sexual bestiality" means any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other. (16) "Sexual conduct" means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. A mother's breastfeeding of her baby does not under any circumstance constitute "sexual conduct." (17) "Sexual excitement" means the condition of the human male or female genitals when in a state of sexual stimulation or arousal. (18) "Sexually oriented material" means any book, article, magazine, publication, or written matter of any kind or any drawing, etching, painting, photograph, motion picture film, or sound recording that depicts sexual activity, actual or simulated, involving human beings or human beings and animals, that exhibits uncovered human genitals or the pubic region in a lewd or lascivious manner, or that exhibits human male genitals in a discernibly turgid state, even if completely and opaquely covered. (19) "Simulated" means the explicit depiction of conduct described in subsection (16) which creates the appearance of such conduct and which exhibits any uncovered portion of the breasts, genitals, or buttocks. (20) "Specific sexual activities" includes the following sexual activities and the exhibition of the following anatomical areas: Human genitals in the state of sexual stimulation or arousal. Acts of human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio, or any excretory function, or representation thereof. (c) The fondling or erotic touching of human genitals, the pubic region, the buttocks, or the female breasts. (d) Less than completely and opaquely covered: http://www.f1senate.gov/laws/statutes/2014/847.001 8/14/2014
Chapter 847 Section 001 - - Page 3 of 3 1. Human genitals or the pubic region. 2. Buttocks. 3. Female breasts below the top of the areola. 4. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. History.-- s. 1, ch. 86-238; s. 4, ch. 88-283; s. 6, ch. 93-4; s. 70, ch 96-388; s. 2, ch. 2001-54; s. 1, ch. 2001-177; s. 154, ch. 2007-5; s. 1, ch. 2008-120. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright 2000-2014 State of Florida. http://www.f1senate.gov/laws/statutes/2014/847.001 8/14/2014
Chapter 847 Section 0137 - - Page 1 of 1 _Title XLVI (. hapter ½ SECTION 0137 CRIMES! OBSCENITY Transmission of pornography by electronic device or equipment Fntire Chapter prohibited; penalties. 847.0137 Transmission of pornography by electronic device or equipment prohibited; penalties. (1) For purposes of this section: "Minor" means any person less than 18 years of age. "Transmit" means the act of sending and causing to be delivered any image, information, or data from one or more persons or places to one or more other persons or places over or through any medium, including the Internet, by use of any electronic equipment or device. (2) Notwithstanding ss. M7.012 and 847.0133, any person in this state who knew or reasonably should have known that he or she was transmitting child pornography, as defined in s. 847.001, to another person in this state or in another jurisdiction commits a felony of the third degree, punishable as provided in s. 775.082, s. Z71083, or s. 775.084. (3) Notwithstanding ss. s U.012 and, any person in any jurisdiction other than this state who knew or reasonably should have known that he or she was transmitting child pornography, as defined in s. 847.001. to any person in this state commits a felony of the third degree, punishable as provided in s.., s., or s. (4) This section shall not be construed to prohibit prosecution of a person in this state or another jurisdiction for a violation of any law of this state, including a law providing for greater penalties than prescribed in this section, for the transmission of child pornography, as defined in s. 847.001, to any person in this state. (5) A person is subject to prosecution in this state pursuant to chapter 910 for any act or conduct proscribed by this section, including a person in a jurisdiction other than this state, if the act or conduct violates subsection (3). The provisions of this section do not apply to subscription-based transmissions such as list servers. History.- s. 4, ch. 2001-54. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright 2000-2014 State of Florida, http://www.0senate.gov/laws/statutes/2014/847.0137 8/14/2014
Chapter 847 Section 0138 - - Page 1 of 1 I itle XLVI Chapter 847 SECTION 0138 CRIMES OBSCENITY Transmission of material harmful Fntire ( hapter to minors to a minor by electronic device or equipment prohibited; penalties. 847.0138 Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties.- (1) For purposes of this section: "Known by the defendant to be a minor" means that the defendant had actual knowledge or believed that the recipient of the communication was a minor. "Transmit" means to send to a specific individual known by the defendant to be a minor via electronic mail. (2) Notwithstanding ss.. and., any person who knew or believed that he or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001, to a specific individual known by the defendant to be a minor commits a felony of the third degree, punishable as provided in s., s., or s. (3) Notwithstanding ss. s. and 8 M.U, any person in any jurisdiction other than this state who knew or believed that he or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001, to a specific individual known by the defendant to be a minor commits a felony of the third degree, punishable as provided in s.. ', s. or s.. The provisions of this section do not apply to subscription-based transmissions such as list servers. History.-- s. 5, ch. 2001-54; s. 8, ch. 2009-194. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright 2000-2014 State of Florida. http://www.flsenate.gov/laws/statutes/2014/847.0138 8/14/2014
Chapter 943 Section 0435-2014 Horida Statutes - Page 1 of 9 Title XINIl t hanter 943 j SECTION 0435 CRIMINAL PROCEDURE AND 1)I PA Kl MI \ t W I.A W Sexual offenders required to CORRECTIONS ENFORCEMENT register with the department; I ntire { hapter 943.0435 Sexual offenders required to register with the department; penalty. penalty. (1) As used in this section, the term: l. "Sexual offender" means a person who meets the criteria in sub-subparagraph a., sub-subparagraph b., subsubparagraph c., or sub-subparagraph d., as follows: a.(1) I las been convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar olfenses in another jurisdiction: s. (2); s. (2); s., s., or s. (2)(c), where the victim is a minor and the defendant is not the victim's parent or guardian; s. S Un(3), (d), (f), or (g); former s. 787.06(3)(h); s.. excluding s. (10); s. 7mß; former s. former s. s. 800W; s. (8); s. 825. HU3; s.. I; s. s. S47.0133, excluding s. 847.0135(6); s. 847 0137; s. 817.0D8; s. s (2); or s. (1); or any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this sub-sub-subparagraph; and (II) Has been released on or after October 1, 1997, from the sanction imposed for any conviction of an offense described in sub-sub-subparagraph (I). For purposes of sub-sub-subparagraph (I), a sanction imposed in this state or in any other jurisdiction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility; b. Establishes or maintains a residence in this state and who has not been designated as a sexual predator by a court of this state but who has been designated as a sexual predator, as a sexually violent predator, or by another sexual offender designation in another state or jurisdiction and was, as a result of such designation, subjected to registration or community or public notification, or both, or would be if the person were a resident of that state or jurisdiction, without regard to whether the person otherwise meets the criteria for registration as a sexual offender; c. Establishes or maintains a residence in this state who is in the custody or control of, or under the supervision of, any other state or jurisdiction as a result of a conviction for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes or similar offense in another jurisdiction: s. (2); s. (2); s., s., or s.. (2)(c), where the victim is a minor and the defendant is not the victim's parent or guardian; s. 787JM(3), (d), (f), or (g); former s. 787.06(3)(h); s. I, excluding s. (10); s. 794.05; former s. 7%03; former s. N 03S; s. 800.04; s. 8J 0 45(8); s. 825.1025; s. 827.07 I; s. 847.00]; s. 847.0135. excluding s. H-E- U135(6); s. RE0lF; s. Hf0138; s. ; s.. - (2); or s. (1); or any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this subsubparagraph; or d. On or after July 1, 2007, has been adjudicated delinquent for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction when the juvenile was 14 years of age or older at the time of the offense: (I) Sectjon, excluding s. (10); (II) Section 800.04(4)2. where the victim is under 12 years of age or where the court finds sexual activity by the use of force or coercion; (III) Section 800.04(5)(c)l. where the court finds molestation involving unclothed genitals; or http://www.flsenate.gov/laws/statutes/2014/943.0435 9/2/2014