No. CS/CS/HB 1159
Filed under Criminal Justice.
Sexual Offenses; Replaces term "child pornography" with term "child sexual abuse material"; revises criteria related to reclassification of specified offenses; revises mandatory minimum sentences for certain sexual offenses by persons previously convicted of sexual offenses; increases penalty for employing, authorizing, or inducing child of specified age to engage in sexual performance; prohibits person from employing, authorizing, or inducing child younger than 12 years of age to engage in sexual performance; requires mandatory minimum sentences for certain offenses when committed by specified offenders; increases penalty for knowingly soliciting, possessing, controlling, or intentionally viewing certain materials that include child sexual abuse material; provides applicability of specified mandatory minimum sentences; increases penalty for intentionally creating generated child sexual abuse material; prohibits person from transmitting child sexual abuse material to another person; revises punishments for certain sexual activities involving animals; requires certain court order to be effective for certain number of years; increases criminal penalties for possessing child-like sex doll; provides that prosecution for certain acts in connection with obscene, lewd, etc., materials does not prohibit person from prosecution for other specified offenses; requires mandatory minimum sentences for certain offenses when committed by specified offenders; ranks offenses on offense severity ranking chart of Criminal Punishment Code.
Plain English Summary
AI-GENERATEDThe bill replaces the term "child pornography" with "child sexual abuse material" throughout Florida law. This change updates the legal language to reflect current terminology used in criminal statutes.
It creates new mandatory minimum prison sentences for several sexual offenses. Offenders face longer required terms, particularly if they have prior convictions for sexual crimes.
New felony charges are added for transmitting child sexual abuse material. This includes sharing links to cloud-stored files, making it a second-degree felony with a five-year minimum sentence.
Possessing a child-like sex doll is elevated from a misdemeanor to a felony. The penalty increases further for repeat offenders, reflecting a significant shift in how the state treats this conduct.
AICreates a new life felony offense with a 25-year mandatory minimum for adults who employ, authorize, or induce a child younger than 12 to engage in a sexual performance.
AIIncreases mandatory minimum prison terms for certain sexual offenses when committed by persons previously convicted of sexual offenses, including raising the minimum for sexual performance by a child from 20 to 30 years.
AIMakes it a second-degree felony to knowingly transmit generated child sexual abuse material to another person in or into Florida, with extraterritorial reach for out-of-state senders.
AIElevates the penalty for possessing an obscene, child-like sex doll from a first-degree misdemeanor to a third-degree felony, with a second-degree felony for repeat offenders.
AIImposes a 15-year mandatory minimum for employing a child in a sexual performance and a 5-year mandatory minimum for promoting a sexual performance by a child, subject to a judicial exception.
AIRaises the offense from a third-degree to a second-degree felony and imposes a 5-year mandatory minimum prison sentence for adults who transmit child sexual abuse material.
AICriminalizes sharing links, access credentials, or other means to access child sexual abuse material stored in cloud storage, treating it as a transmission.
AIAllows a court to waive mandatory minimum sentences for sexual performance offenses if the depicted child was 14 or older, gave permission, the offender was no more than 4 years older, and the offender did not promote the performance to a third party.