Bill Text: FL S1688 | 2018 | Regular Session | Introduced


Bill Title: Prohibited Acts in Connection With Obscene or Lewd Materials

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-03-10 - Died in Criminal Justice [S1688 Detail]

Download: Florida-2018-S1688-Introduced.html
       Florida Senate - 2018                                    SB 1688
       
       
        
       By Senator Book
       
       
       
       
       
       32-00510-18                                           20181688__
    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; reenacting ss. 772.102(1)(a),
   11         847.02, 847.03, 847.09(2), 895.02(8)(a),
   12         921.0022(3)(f), 933.02(2), 933.03, and 943.325(2)(g),
   13         F.S., relating to the definition of the term “criminal
   14         activity,” the confiscation of obscene material, an
   15         officer seizing obscene material, legislative intent,
   16         the definition of the term “racketeering activity,”
   17         level 6 of the offense severity ranking chart, grounds
   18         for the issuance of a search warrant, destruction of
   19         obscene prints and literature, and the definition of
   20         the term “qualifying offender,” respectively, to
   21         incorporate the amendment made to s. 847.011, F.S., in
   22         references thereto; providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Present subsections (5) through (10) of section
   27  847.011, Florida Statutes, are redesignated as subsections (6)
   28  through (11), respectively, and a new subsection (5) is added to
   29  that section, to read:
   30         847.011 Prohibition of certain acts in connection with
   31  obscene, lewd, etc., materials; penalty.—
   32         (5)(a)A person may not knowingly sell, lend, give away,
   33  distribute, transmit, show, or transmute; offer to sell, lend,
   34  give away, distribute, transmit, show, or transmute; have in his
   35  or her possession, custody, or control with the intent to sell,
   36  lend, give away, distribute, transmit, show, or transmute; or
   37  advertise in any manner an obscene child-like sex doll. A person
   38  who violates this paragraph commits a misdemeanor of the first
   39  degree, punishable as provided in s. 775.082 or s. 775.083.
   40         (b) A person who is convicted of violating paragraph (a) a
   41  second or subsequent time commits a felony of the third degree,
   42  punishable as provided in s. 775.082, 775.083, or 775.084.
   43         Section 2. For the purpose of incorporating the amendment
   44  made by this act to section 847.011, Florida Statutes, in a
   45  reference thereto, paragraph (a) of subsection (1) of section
   46  772.102, Florida Statutes, is reenacted to read:
   47         772.102 Definitions.—As used in this chapter, the term:
   48         (1) “Criminal activity” means to commit, to attempt to
   49  commit, to conspire to commit, or to solicit, coerce, or
   50  intimidate another person to commit:
   51         (a) Any crime that is chargeable by indictment or
   52  information under the following provisions:
   53         1. Section 210.18, relating to evasion of payment of
   54  cigarette taxes.
   55         2. Section 414.39, relating to public assistance fraud.
   56         3. Section 440.105 or s. 440.106, relating to workers’
   57  compensation.
   58         4. Part IV of chapter 501, relating to telemarketing.
   59         5. Chapter 517, relating to securities transactions.
   60         6. Section 550.235 or s. 550.3551, relating to dogracing
   61  and horseracing.
   62         7. Chapter 550, relating to jai alai frontons.
   63         8. Chapter 552, relating to the manufacture, distribution,
   64  and use of explosives.
   65         9. Chapter 562, relating to beverage law enforcement.
   66         10. Section 624.401, relating to transacting insurance
   67  without a certificate of authority, s. 624.437(4)(c)1., relating
   68  to operating an unauthorized multiple-employer welfare
   69  arrangement, or s. 626.902(1)(b), relating to representing or
   70  aiding an unauthorized insurer.
   71         11. Chapter 687, relating to interest and usurious
   72  practices.
   73         12. Section 721.08, s. 721.09, or s. 721.13, relating to
   74  real estate timeshare plans.
   75         13. Chapter 782, relating to homicide.
   76         14. Chapter 784, relating to assault and battery.
   77         15. Chapter 787, relating to kidnapping or human
   78  trafficking.
   79         16. Chapter 790, relating to weapons and firearms.
   80         17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07,
   81  relating to prostitution.
   82         18. Chapter 806, relating to arson.
   83         19. Section 810.02(2)(c), relating to specified burglary of
   84  a dwelling or structure.
   85         20. Chapter 812, relating to theft, robbery, and related
   86  crimes.
   87         21. Chapter 815, relating to computer-related crimes.
   88         22. Chapter 817, relating to fraudulent practices, false
   89  pretenses, fraud generally, and credit card crimes.
   90         23. Section 827.071, relating to commercial sexual
   91  exploitation of children.
   92         24. Chapter 831, relating to forgery and counterfeiting.
   93         25. Chapter 832, relating to issuance of worthless checks
   94  and drafts.
   95         26. Section 836.05, relating to extortion.
   96         27. Chapter 837, relating to perjury.
   97         28. Chapter 838, relating to bribery and misuse of public
   98  office.
   99         29. Chapter 843, relating to obstruction of justice.
  100         30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
  101  s. 847.07, relating to obscene literature and profanity.
  102         31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
  103  849.25, relating to gambling.
  104         32. Chapter 893, relating to drug abuse prevention and
  105  control.
  106         33. Section 914.22 or s. 914.23, relating to witnesses,
  107  victims, or informants.
  108         34. Section 918.12 or s. 918.13, relating to tampering with
  109  jurors and evidence.
  110         Section 3. For the purpose of incorporating the amendment
  111  made by this act to section 847.011, Florida Statutes, in a
  112  reference thereto, section 847.02, Florida Statutes, is
  113  reenacted to read:
  114         847.02 Confiscation of obscene material.—Whenever anyone is
  115  convicted under s. 847.011, the court in awarding sentence shall
  116  make an order confiscating said obscene material and authorize
  117  the sheriff of the county in which the material is held to
  118  destroy the same. The sheriff shall file with the court a
  119  certificate of his or her compliance.
  120         Section 4. For the purpose of incorporating the amendment
  121  made by this act to section 847.011, Florida Statutes, in a
  122  reference thereto, section 847.03, Florida Statutes, is
  123  reenacted to read:
  124         847.03 Officer to seize obscene material.—Whenever any
  125  officer arrests any person charged with any offense under s.
  126  847.011, the officer shall seize said obscene material and take
  127  the same into his or her custody to await the sentence of the
  128  court upon the trial of the offender.
  129         Section 5. For the purpose of incorporating the amendment
  130  made by this act to section 847.011, Florida Statutes, in a
  131  reference thereto, subsection (2) of section 847.09, Florida
  132  Statutes, is reenacted to read:
  133         847.09 Legislative intent.—
  134         (2) Nothing in ss. 847.07-847.09 shall be construed to
  135  repeal or in any way supersede the provisions of s. 847.011, s.
  136  847.012, or s. 847.013.
  137         Section 6. For the purpose of incorporating the amendment
  138  made by this act to section 847.011, Florida Statutes, in a
  139  reference thereto, paragraph (a) of subsection (8) of section
  140  895.02, Florida Statutes, is reenacted to read:
  141         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
  142         (8) “Racketeering activity” means to commit, to attempt to
  143  commit, to conspire to commit, or to solicit, coerce, or
  144  intimidate another person to commit:
  145         (a) Any crime that is chargeable by petition, indictment,
  146  or information under the following provisions of the Florida
  147  Statutes:
  148         1. Section 210.18, relating to evasion of payment of
  149  cigarette taxes.
  150         2. Section 316.1935, relating to fleeing or attempting to
  151  elude a law enforcement officer and aggravated fleeing or
  152  eluding.
  153         3. Section 403.727(3)(b), relating to environmental
  154  control.
  155         4. Section 409.920 or s. 409.9201, relating to Medicaid
  156  fraud.
  157         5. Section 414.39, relating to public assistance fraud.
  158         6. Section 440.105 or s. 440.106, relating to workers’
  159  compensation.
  160         7. Section 443.071(4), relating to creation of a fictitious
  161  employer scheme to commit reemployment assistance fraud.
  162         8. Section 465.0161, relating to distribution of medicinal
  163  drugs without a permit as an Internet pharmacy.
  164         9. Section 499.0051, relating to crimes involving
  165  contraband, adulterated, or misbranded drugs.
  166         10. Part IV of chapter 501, relating to telemarketing.
  167         11. Chapter 517, relating to sale of securities and
  168  investor protection.
  169         12. Section 550.235 or s. 550.3551, relating to dogracing
  170  and horseracing.
  171         13. Chapter 550, relating to jai alai frontons.
  172         14. Section 551.109, relating to slot machine gaming.
  173         15. Chapter 552, relating to the manufacture, distribution,
  174  and use of explosives.
  175         16. Chapter 560, relating to money transmitters, if the
  176  violation is punishable as a felony.
  177         17. Chapter 562, relating to beverage law enforcement.
  178         18. Section 624.401, relating to transacting insurance
  179  without a certificate of authority, s. 624.437(4)(c)1., relating
  180  to operating an unauthorized multiple-employer welfare
  181  arrangement, or s. 626.902(1)(b), relating to representing or
  182  aiding an unauthorized insurer.
  183         19. Section 655.50, relating to reports of currency
  184  transactions, when such violation is punishable as a felony.
  185         20. Chapter 687, relating to interest and usurious
  186  practices.
  187         21. Section 721.08, s. 721.09, or s. 721.13, relating to
  188  real estate timeshare plans.
  189         22. Section 775.13(5)(b), relating to registration of
  190  persons found to have committed any offense for the purpose of
  191  benefiting, promoting, or furthering the interests of a criminal
  192  gang.
  193         23. Section 777.03, relating to commission of crimes by
  194  accessories after the fact.
  195         24. Chapter 782, relating to homicide.
  196         25. Chapter 784, relating to assault and battery.
  197         26. Chapter 787, relating to kidnapping or human
  198  trafficking.
  199         27. Chapter 790, relating to weapons and firearms.
  200         28. Chapter 794, relating to sexual battery, but only if
  201  such crime was committed with the intent to benefit, promote, or
  202  further the interests of a criminal gang, or for the purpose of
  203  increasing a criminal gang member’s own standing or position
  204  within a criminal gang.
  205         29. Former s. 796.03, former s. 796.035, s. 796.04, s.
  206  796.05, or s. 796.07, relating to prostitution.
  207         30. Chapter 806, relating to arson and criminal mischief.
  208         31. Chapter 810, relating to burglary and trespass.
  209         32. Chapter 812, relating to theft, robbery, and related
  210  crimes.
  211         33. Chapter 815, relating to computer-related crimes.
  212         34. Chapter 817, relating to fraudulent practices, false
  213  pretenses, fraud generally, credit card crimes, and patient
  214  brokering.
  215         35. Chapter 825, relating to abuse, neglect, or
  216  exploitation of an elderly person or disabled adult.
  217         36. Section 827.071, relating to commercial sexual
  218  exploitation of children.
  219         37. Section 828.122, relating to fighting or baiting
  220  animals.
  221         38. Chapter 831, relating to forgery and counterfeiting.
  222         39. Chapter 832, relating to issuance of worthless checks
  223  and drafts.
  224         40. Section 836.05, relating to extortion.
  225         41. Chapter 837, relating to perjury.
  226         42. Chapter 838, relating to bribery and misuse of public
  227  office.
  228         43. Chapter 843, relating to obstruction of justice.
  229         44. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
  230  s. 847.07, relating to obscene literature and profanity.
  231         45. Chapter 849, relating to gambling, lottery, gambling or
  232  gaming devices, slot machines, or any of the provisions within
  233  that chapter.
  234         46. Chapter 874, relating to criminal gangs.
  235         47. Chapter 893, relating to drug abuse prevention and
  236  control.
  237         48. Chapter 896, relating to offenses related to financial
  238  transactions.
  239         49. Sections 914.22 and 914.23, relating to tampering with
  240  or harassing a witness, victim, or informant, and retaliation
  241  against a witness, victim, or informant.
  242         50. Sections 918.12 and 918.13, relating to tampering with
  243  jurors and evidence.
  244         Section 7. For the purpose of incorporating the amendment
  245  made by this act to section 847.011, Florida Statutes, in a
  246  reference thereto, paragraph (f) of subsection (3) of section
  247  921.0022, Florida Statutes, is reenacted to read:
  248         921.0022 Criminal Punishment Code; offense severity ranking
  249  chart.—
  250         (3) OFFENSE SEVERITY RANKING CHART
  251         (f) LEVEL 6
  252  
  253  FloridaStatute              FelonyDegree        Description        
  254  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
  255  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
  256  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
  257  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
  258  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
  259  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
  260  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
  261  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
  262  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
  263  784.041                          3rd     Felony battery; domestic battery by strangulation.
  264  784.048(3)                       3rd     Aggravated stalking; credible threat.
  265  784.048(5)                       3rd     Aggravated stalking of person under 16.
  266  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
  267  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
  268  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
  269  784.081(2)                       2nd     Aggravated assault on specified official or employee.
  270  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
  271  784.083(2)                       2nd     Aggravated assault on code inspector.
  272  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
  273  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
  274  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  275  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.
  276  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  277  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
  278  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
  279  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.
  280  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
  281  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
  282  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
  283  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
  284  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  285  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
  286  812.015(9)(a)                    2nd     Retail theft; property stolen $300 or more; second or subsequent conviction.
  287  812.015(9)(b)                    2nd     Retail theft; property stolen $3,000 or more; coordination of others.
  288  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
  289  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
  290  817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
  291  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
  292  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
  293  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
  294  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  295  827.03(2)(c)                     3rd     Abuse of a child.         
  296  827.03(2)(d)                     3rd     Neglect of a child.       
  297  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
  298  836.05                           2nd     Threats; extortion.       
  299  836.10                           2nd     Written threats to kill or do bodily injury.
  300  843.12                           3rd     Aids or assists person to escape.
  301  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  302  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
  303  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  304  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
  305  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.
  306  944.40                           2nd     Escapes.                  
  307  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
  308  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  309  951.22(1)                        3rd     Intoxicating drug, firearm, or weapon introduced into county facility.
  310  
  311         Section 8. For the purpose of incorporating the amendment
  312  made by this act to section 847.011, Florida Statutes, in a
  313  reference thereto, subsection (2) of section 933.02, Florida
  314  Statutes, is reenacted to read:
  315         933.02 Grounds for issuance of search warrant.—Upon proper
  316  affidavits being made, a search warrant may be issued under the
  317  provisions of this chapter upon any of the following grounds:
  318         (2) When any property shall have been used:
  319         (a) As a means to commit any crime;
  320         (b) In connection with gambling, gambling implements and
  321  appliances; or
  322         (c) In violation of s. 847.011 or other laws in reference
  323  to obscene prints and literature;
  324  
  325  This section also applies to any papers or documents used as a
  326  means of or in aid of the commission of any offense against the
  327  laws of the state.
  328         Section 9. For the purpose of incorporating the amendment
  329  made by this act to section 847.011, Florida Statutes, in a
  330  reference thereto, section 933.03, Florida Statutes, is
  331  reenacted to read:
  332         933.03 Destruction of obscene prints and literature.—All
  333  obscene prints and literature, or other things mentioned in s.
  334  847.011 found by an officer in executing a search warrant, or
  335  produced or brought into court, shall be safely kept so long as
  336  is necessary for the purpose of being used as evidence in any
  337  case, and as soon as may be afterwards, shall be destroyed by
  338  order of the court before whom the case is brought.
  339         Section 10. For the purpose of incorporating the amendment
  340  made by this act to section 847.011, Florida Statutes, in a
  341  reference thereto, paragraph (g) of subsection (2) of section
  342  943.325, Florida Statutes, is reenacted to read:
  343         943.325 DNA database.—
  344         (2) DEFINITIONS.—As used in this section, the term:
  345         (g) “Qualifying offender” means any person, including
  346  juveniles and adults, who is:
  347         1.a. Committed to a county jail;
  348         b. Committed to or under the supervision of the Department
  349  of Corrections, including persons incarcerated in a private
  350  correctional institution operated under contract pursuant to s.
  351  944.105;
  352         c. Committed to or under the supervision of the Department
  353  of Juvenile Justice;
  354         d. Transferred to this state under the Interstate Compact
  355  on Juveniles, part XIII of chapter 985; or
  356         e. Accepted under Article IV of the Interstate Corrections
  357  Compact, part III of chapter 941; and who is:
  358         2.a. Convicted of any felony offense or attempted felony
  359  offense in this state or of a similar offense in another
  360  jurisdiction;
  361         b. Convicted of a misdemeanor violation of s. 784.048, s.
  362  810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an
  363  offense that was found, pursuant to s. 874.04, to have been
  364  committed for the purpose of benefiting, promoting, or
  365  furthering the interests of a criminal gang as defined in s.
  366  874.03; or
  367         c. Arrested for any felony offense or attempted felony
  368  offense in this state.
  369         Section 11. This act shall take effect October 1, 2018.

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