Bill Text: FL S0160 | 2019 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Prohibited Acts in Connection with Obscene or Lewd Materials

Spectrum: Bipartisan Bill

Status: (Enrolled) 2019-05-02 - Ordered engrossed, then enrolled [S0160 Detail]

Download: Florida-2019-S0160-Comm_Sub.html
       Florida Senate - 2019                              CS for SB 160
       
       
        
       By the Committee on Criminal Justice; and Senator Book
       
       
       
       
       
       591-02309-19                                           2019160c1
    1                        A bill to be entitled                      
    2         An act relating to prohibited acts in connection with
    3         obscene or lewd materials; amending s. 847.011, F.S.;
    4         prohibiting a person from knowingly selling, lending,
    5         giving away, distributing, transmitting, showing, or
    6         transmuting; offering to commit such actions; having
    7         in his or her possession, custody, or control with the
    8         intent to commit such actions; or advertising in any
    9         manner an obscene, child-like sex doll; providing
   10         criminal penalties; prohibiting a person from
   11         knowingly having in his or her possession, custody, or
   12         control an obscene, child-like sex doll without the
   13         intent to commit certain actions; providing criminal
   14         penalties; reenacting ss. 772.102(1)(a), 847.02,
   15         847.03, 847.09(2), 895.02(8)(a), 921.0022(3)(f),
   16         933.02, 933.03, and 943.325(2)(g), F.S., relating to
   17         the definition of the term “criminal activity,” the
   18         confiscation of obscene material, an officer seizing
   19         obscene material, legislative intent, the definition
   20         of the term “racketeering activity,” level 6 of the
   21         offense severity ranking chart, grounds for the
   22         issuance of a search warrant, destruction of obscene
   23         prints and literature, and the definition of the term
   24         “qualifying offender,” respectively, to incorporate
   25         the amendment made to s. 847.011, F.S., in references
   26         thereto; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Present subsections (5) through (10) of section
   31  847.011, Florida Statutes, are redesignated as subsections (6)
   32  through (11), respectively, and a new subsection (5) is added to
   33  that section, to read:
   34         847.011 Prohibition of certain acts in connection with
   35  obscene, lewd, etc., materials; penalty.—
   36         (5)(a)A person may not knowingly sell, lend, give away,
   37  distribute, transmit, show, or transmute; offer to sell, lend,
   38  give away, distribute, transmit, show, or transmute; have in his
   39  or her possession, custody, or control with the intent to sell,
   40  lend, give away, distribute, transmit, show, or transmute; or
   41  advertise in any manner an obscene, child-like sex doll. A
   42  person who violates this paragraph commits a misdemeanor of the
   43  first degree, punishable as provided in s. 775.082 or s.
   44  775.083.
   45         (b) A person who is convicted of violating paragraph (a) a
   46  second or subsequent time commits a felony of the third degree,
   47  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   48         (c) A person who knowingly has in his or her possession,
   49  custody, or control an obscene, child-like sex doll without
   50  intent to sell, lend, give away, distribute, transmit, show,
   51  transmute, or advertise the same, commits a misdemeanor of the
   52  second degree, punishable as provided in s. 775.082 or s.
   53  775.083. A person who, after having been convicted of violating
   54  this subsection, thereafter violates any of its provisions
   55  commits a misdemeanor of the first degree, punishable as
   56  provided in s. 775.082 or s. 775.083. In any prosecution for
   57  such possession, it is not necessary to allege or prove the
   58  absence of such intent.
   59         Section 2. For the purpose of incorporating the amendment
   60  made by this act to section 847.011, Florida Statutes, in a
   61  reference thereto, paragraph (a) of subsection (1) of section
   62  772.102, Florida Statutes, is reenacted to read:
   63         772.102 Definitions.—As used in this chapter, the term:
   64         (1) “Criminal activity” means to commit, to attempt to
   65  commit, to conspire to commit, or to solicit, coerce, or
   66  intimidate another person to commit:
   67         (a) Any crime that is chargeable by indictment or
   68  information under the following provisions:
   69         1. Section 210.18, relating to evasion of payment of
   70  cigarette taxes.
   71         2. Section 414.39, relating to public assistance fraud.
   72         3. Section 440.105 or s. 440.106, relating to workers’
   73  compensation.
   74         4. Part IV of chapter 501, relating to telemarketing.
   75         5. Chapter 517, relating to securities transactions.
   76         6. Section 550.235 or s. 550.3551, relating to dogracing
   77  and horseracing.
   78         7. Chapter 550, relating to jai alai frontons.
   79         8. Chapter 552, relating to the manufacture, distribution,
   80  and use of explosives.
   81         9. Chapter 562, relating to beverage law enforcement.
   82         10. Section 624.401, relating to transacting insurance
   83  without a certificate of authority, s. 624.437(4)(c)1., relating
   84  to operating an unauthorized multiple-employer welfare
   85  arrangement, or s. 626.902(1)(b), relating to representing or
   86  aiding an unauthorized insurer.
   87         11. Chapter 687, relating to interest and usurious
   88  practices.
   89         12. Section 721.08, s. 721.09, or s. 721.13, relating to
   90  real estate timeshare plans.
   91         13. Chapter 782, relating to homicide.
   92         14. Chapter 784, relating to assault and battery.
   93         15. Chapter 787, relating to kidnapping or human
   94  trafficking.
   95         16. Chapter 790, relating to weapons and firearms.
   96         17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07,
   97  relating to prostitution.
   98         18. Chapter 806, relating to arson.
   99         19. Section 810.02(2)(c), relating to specified burglary of
  100  a dwelling or structure.
  101         20. Chapter 812, relating to theft, robbery, and related
  102  crimes.
  103         21. Chapter 815, relating to computer-related crimes.
  104         22. Chapter 817, relating to fraudulent practices, false
  105  pretenses, fraud generally, and credit card crimes.
  106         23. Section 827.071, relating to commercial sexual
  107  exploitation of children.
  108         24. Chapter 831, relating to forgery and counterfeiting.
  109         25. Chapter 832, relating to issuance of worthless checks
  110  and drafts.
  111         26. Section 836.05, relating to extortion.
  112         27. Chapter 837, relating to perjury.
  113         28. Chapter 838, relating to bribery and misuse of public
  114  office.
  115         29. Chapter 843, relating to obstruction of justice.
  116         30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
  117  s. 847.07, relating to obscene literature and profanity.
  118         31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
  119  849.25, relating to gambling.
  120         32. Chapter 893, relating to drug abuse prevention and
  121  control.
  122         33. Section 914.22 or s. 914.23, relating to witnesses,
  123  victims, or informants.
  124         34. Section 918.12 or s. 918.13, relating to tampering with
  125  jurors and evidence.
  126         Section 3. For the purpose of incorporating the amendment
  127  made by this act to section 847.011, Florida Statutes, in a
  128  reference thereto, section 847.02, Florida Statutes, is
  129  reenacted to read:
  130         847.02 Confiscation of obscene material.—Whenever anyone is
  131  convicted under s. 847.011, the court in awarding sentence shall
  132  make an order confiscating said obscene material and authorize
  133  the sheriff of the county in which the material is held to
  134  destroy the same. The sheriff shall file with the court a
  135  certificate of his or her compliance.
  136         Section 4. For the purpose of incorporating the amendment
  137  made by this act to section 847.011, Florida Statutes, in a
  138  reference thereto, section 847.03, Florida Statutes, is
  139  reenacted to read:
  140         847.03 Officer to seize obscene material.—Whenever any
  141  officer arrests any person charged with any offense under s.
  142  847.011, the officer shall seize said obscene material and take
  143  the same into his or her custody to await the sentence of the
  144  court upon the trial of the offender.
  145         Section 5. For the purpose of incorporating the amendment
  146  made by this act to section 847.011, Florida Statutes, in a
  147  reference thereto, subsection (2) of section 847.09, Florida
  148  Statutes, is reenacted to read:
  149         847.09 Legislative intent.—
  150         (2) Nothing in ss. 847.07-847.09 shall be construed to
  151  repeal or in any way supersede the provisions of s. 847.011, s.
  152  847.012, or s. 847.013.
  153         Section 6. For the purpose of incorporating the amendment
  154  made by this act to section 847.011, Florida Statutes, in a
  155  reference thereto, paragraph (a) of subsection (8) of section
  156  895.02, Florida Statutes, is reenacted to read:
  157         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
  158         (8) “Racketeering activity” means to commit, to attempt to
  159  commit, to conspire to commit, or to solicit, coerce, or
  160  intimidate another person to commit:
  161         (a) Any crime that is chargeable by petition, indictment,
  162  or information under the following provisions of the Florida
  163  Statutes:
  164         1. Section 210.18, relating to evasion of payment of
  165  cigarette taxes.
  166         2. Section 316.1935, relating to fleeing or attempting to
  167  elude a law enforcement officer and aggravated fleeing or
  168  eluding.
  169         3. Section 403.727(3)(b), relating to environmental
  170  control.
  171         4. Section 409.920 or s. 409.9201, relating to Medicaid
  172  fraud.
  173         5. Section 414.39, relating to public assistance fraud.
  174         6. Section 440.105 or s. 440.106, relating to workers’
  175  compensation.
  176         7. Section 443.071(4), relating to creation of a fictitious
  177  employer scheme to commit reemployment assistance fraud.
  178         8. Section 465.0161, relating to distribution of medicinal
  179  drugs without a permit as an Internet pharmacy.
  180         9. Section 499.0051, relating to crimes involving
  181  contraband, adulterated, or misbranded drugs.
  182         10. Part IV of chapter 501, relating to telemarketing.
  183         11. Chapter 517, relating to sale of securities and
  184  investor protection.
  185         12. Section 550.235 or s. 550.3551, relating to dogracing
  186  and horseracing.
  187         13. Chapter 550, relating to jai alai frontons.
  188         14. Section 551.109, relating to slot machine gaming.
  189         15. Chapter 552, relating to the manufacture, distribution,
  190  and use of explosives.
  191         16. Chapter 560, relating to money transmitters, if the
  192  violation is punishable as a felony.
  193         17. Chapter 562, relating to beverage law enforcement.
  194         18. Section 624.401, relating to transacting insurance
  195  without a certificate of authority, s. 624.437(4)(c)1., relating
  196  to operating an unauthorized multiple-employer welfare
  197  arrangement, or s. 626.902(1)(b), relating to representing or
  198  aiding an unauthorized insurer.
  199         19. Section 655.50, relating to reports of currency
  200  transactions, when such violation is punishable as a felony.
  201         20. Chapter 687, relating to interest and usurious
  202  practices.
  203         21. Section 721.08, s. 721.09, or s. 721.13, relating to
  204  real estate timeshare plans.
  205         22. Section 775.13(5)(b), relating to registration of
  206  persons found to have committed any offense for the purpose of
  207  benefiting, promoting, or furthering the interests of a criminal
  208  gang.
  209         23. Section 777.03, relating to commission of crimes by
  210  accessories after the fact.
  211         24. Chapter 782, relating to homicide.
  212         25. Chapter 784, relating to assault and battery.
  213         26. Chapter 787, relating to kidnapping or human
  214  trafficking.
  215         27. Chapter 790, relating to weapons and firearms.
  216         28. Chapter 794, relating to sexual battery, but only if
  217  such crime was committed with the intent to benefit, promote, or
  218  further the interests of a criminal gang, or for the purpose of
  219  increasing a criminal gang member’s own standing or position
  220  within a criminal gang.
  221         29. Former s. 796.03, former s. 796.035, s. 796.04, s.
  222  796.05, or s. 796.07, relating to prostitution.
  223         30. Chapter 806, relating to arson and criminal mischief.
  224         31. Chapter 810, relating to burglary and trespass.
  225         32. Chapter 812, relating to theft, robbery, and related
  226  crimes.
  227         33. Chapter 815, relating to computer-related crimes.
  228         34. Chapter 817, relating to fraudulent practices, false
  229  pretenses, fraud generally, credit card crimes, and patient
  230  brokering.
  231         35. Chapter 825, relating to abuse, neglect, or
  232  exploitation of an elderly person or disabled adult.
  233         36. Section 827.071, relating to commercial sexual
  234  exploitation of children.
  235         37. Section 828.122, relating to fighting or baiting
  236  animals.
  237         38. Chapter 831, relating to forgery and counterfeiting.
  238         39. Chapter 832, relating to issuance of worthless checks
  239  and drafts.
  240         40. Section 836.05, relating to extortion.
  241         41. Chapter 837, relating to perjury.
  242         42. Chapter 838, relating to bribery and misuse of public
  243  office.
  244         43. Chapter 843, relating to obstruction of justice.
  245         44. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
  246  s. 847.07, relating to obscene literature and profanity.
  247         45. Chapter 849, relating to gambling, lottery, gambling or
  248  gaming devices, slot machines, or any of the provisions within
  249  that chapter.
  250         46. Chapter 874, relating to criminal gangs.
  251         47. Chapter 893, relating to drug abuse prevention and
  252  control.
  253         48. Chapter 896, relating to offenses related to financial
  254  transactions.
  255         49. Sections 914.22 and 914.23, relating to tampering with
  256  or harassing a witness, victim, or informant, and retaliation
  257  against a witness, victim, or informant.
  258         50. Sections 918.12 and 918.13, relating to tampering with
  259  jurors and evidence.
  260         Section 7. For the purpose of incorporating the amendment
  261  made by this act to section 847.011, Florida Statutes, in a
  262  reference thereto, paragraph (f) of subsection (3) of section
  263  921.0022, Florida Statutes, is reenacted to read:
  264         921.0022 Criminal Punishment Code; offense severity ranking
  265  chart.—
  266         (3) OFFENSE SEVERITY RANKING CHART
  267         (f) LEVEL 6
  268  
  269  FloridaStatute              FelonyDegree        Description        
  270  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
  271  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
  272  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
  273  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
  274  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
  275  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
  276  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
  277  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
  278  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
  279  784.041                          3rd     Felony battery; domestic battery by strangulation.
  280  784.048(3)                       3rd     Aggravated stalking; credible threat.
  281  784.048(5)                       3rd     Aggravated stalking of person under 16.
  282  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
  283  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
  284  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
  285  784.081(2)                       2nd     Aggravated assault on specified official or employee.
  286  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
  287  784.083(2)                       2nd     Aggravated assault on code inspector.
  288  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
  289  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
  290  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  291  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.
  292  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  293  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
  294  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
  295  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.
  296  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
  297  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
  298  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
  299  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
  300  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  301  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
  302  812.015(9)(a)                    2nd     Retail theft; property stolen $300 or more; second or subsequent conviction.
  303  812.015(9)(b)                    2nd     Retail theft; property stolen $3,000 or more; coordination of others.
  304  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
  305  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
  306  817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
  307  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
  308  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
  309  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
  310  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  311  827.03(2)(c)                     3rd     Abuse of a child.         
  312  827.03(2)(d)                     3rd     Neglect of a child.       
  313  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
  314  836.05                           2nd     Threats; extortion.       
  315  836.10                           2nd     Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
  316  843.12                           3rd     Aids or assists person to escape.
  317  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  318  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
  319  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  320  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
  321  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.
  322  944.40                           2nd     Escapes.                  
  323  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
  324  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  325  951.22(1)                        3rd     Intoxicating drug, firearm, or weapon introduced into county facility.
  326         Section 8. For the purpose of incorporating the amendment
  327  made by this act to section 847.011, Florida Statutes, in a
  328  reference thereto, section 933.02, Florida Statutes, is
  329  reenacted to read:
  330         933.02 Grounds for issuance of search warrant.—Upon proper
  331  affidavits being made, a search warrant may be issued under the
  332  provisions of this chapter upon any of the following grounds:
  333         (1) When the property shall have been stolen or embezzled
  334  in violation of law;
  335         (2) When any property shall have been used:
  336         (a) As a means to commit any crime;
  337         (b) In connection with gambling, gambling implements and
  338  appliances; or
  339         (c) In violation of s. 847.011 or other laws in reference
  340  to obscene prints and literature;
  341         (3) When any property constitutes evidence relevant to
  342  proving that a felony has been committed;
  343         (4) When any property is being held or possessed:
  344         (a) In violation of any of the laws prohibiting the
  345  manufacture, sale, and transportation of intoxicating liquors;
  346         (b) In violation of the fish and game laws;
  347         (c) In violation of the laws relative to food and drug; or
  348         (d) In violation of the laws relative to citrus disease
  349  pursuant to s. 581.184; or
  350         (5) When the laws in relation to cruelty to animals, as
  351  provided in chapter 828, have been or are violated in any
  352  particular building or place.
  353  
  354  This section also applies to any papers or documents used as a
  355  means of or in aid of the commission of any offense against the
  356  laws of the state.
  357         Section 9. For the purpose of incorporating the amendment
  358  made by this act to section 847.011, Florida Statutes, in a
  359  reference thereto, section 933.03, Florida Statutes, is
  360  reenacted to read:
  361         933.03 Destruction of obscene prints and literature.—All
  362  obscene prints and literature, or other things mentioned in s.
  363  847.011 found by an officer in executing a search warrant, or
  364  produced or brought into court, shall be safely kept so long as
  365  is necessary for the purpose of being used as evidence in any
  366  case, and as soon as may be afterwards, shall be destroyed by
  367  order of the court before whom the case is brought.
  368         Section 10. For the purpose of incorporating the amendment
  369  made by this act to section 847.011, Florida Statutes, in a
  370  reference thereto, paragraph (g) of subsection (2) of section
  371  943.325, Florida Statutes, is reenacted to read:
  372         943.325 DNA database.—
  373         (2) DEFINITIONS.—As used in this section, the term:
  374         (g) “Qualifying offender” means any person, including
  375  juveniles and adults, who is:
  376         1.a. Committed to a county jail;
  377         b. Committed to or under the supervision of the Department
  378  of Corrections, including persons incarcerated in a private
  379  correctional institution operated under contract pursuant to s.
  380  944.105;
  381         c. Committed to or under the supervision of the Department
  382  of Juvenile Justice;
  383         d. Transferred to this state under the Interstate Compact
  384  on Juveniles, part XIII of chapter 985; or
  385         e. Accepted under Article IV of the Interstate Corrections
  386  Compact, part III of chapter 941; and who is:
  387         2.a. Convicted of any felony offense or attempted felony
  388  offense in this state or of a similar offense in another
  389  jurisdiction;
  390         b. Convicted of a misdemeanor violation of s. 784.048, s.
  391  810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an
  392  offense that was found, pursuant to s. 874.04, to have been
  393  committed for the purpose of benefiting, promoting, or
  394  furthering the interests of a criminal gang as defined in s.
  395  874.03; or
  396         c. Arrested for any felony offense or attempted felony
  397  offense in this state.
  398         Section 11. This act shall take effect October 1, 2019.

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