OFFICE OF THE STATE ATTORNEY FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY
DAVE ARONBERG STATE ATTORNEY
2015 LEGISLATIVE PROPOSAL
TOPIC: SEXTING
ISSUE: The child loses the confidentiality protections normally found within FS 985. Also, other noncriminal violations that are particular to minors allow for the minor to perform sanctions in lieu of court. Sexting should also allow such an alternative. SOLUTION: Amend 877(3) (a)
PROPOSED STATUTORY LANGUAGE: 847.0141 (1)
Sexting; prohibited acts; penalties.—
A minor commits the offense of sexting if he or she knowingly:
(a) Uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any photograph or video of any person which depicts nudity, as defined in s. 847.001(9), and is harmful to minors, as defined in s. 847.001(6). (b) Possesses a photograph or video of any person that was transmitted or distributed by another minor which depicts nudity, as defined in s. 847.001(9), and is harmful to minors, as defined in s. 847.001(6). A minor does not violate this paragraph if all of the following apply: 1. The minor did not solicit the photograph or video. 2. The minor took reasonable steps to report the photograph or video to the minor's legal guardian or to a school or law enforcement official. 3. The minor did not transmit or distribute the photograph or video to a third party. (2)(a) The transmission or distribution of multiple photographs or videos prohibited by paragraph (1)(a) is a single offense if the photographs or videos were transmitted or distributed within the same 24-hour period. (b) The possession of multiple photographs or videos that were transmitted or distributed by a minor prohibited by paragraph (1)(b) is a single offense if the photographs or videos were transmitted or distributed by a minor in the same 24-hour period.
(3) A minor who violates subsection (1): 401 N. Dixie Highway, West Palm Beach, Florida 33401-4209 (561) 355-7100 www.palmbeachstateattorney.com
2 (a) Commits a noncriminal violation for a first violation, punishable by 8 hours of community service or, if ordered by the court in lieu of community service, a $60 fine. The court may also order the minor to participate in suitable training or instruction in lieu of, or in addition to, community service or a fine. . Under this subsection the minor must sign and accept a citation indicating a promise to appear before the juvenile court. In lieu of appearing in court, the minor may comply with the requirement of 8 hours of community service work or payment of a $60 civil penalty fine or participation in a cyber safety program, if locally available. Compliance with any sanction shall be within 30 days of receiving the citation. 1. A citation issued to a minor under this subsection shall be in a form prescribed by the issuing Law enforcement agency and shall contain: a. The date and time of issuance. b. The name and address of the person to whom the citation is issued. c. The date and time the civil infraction was committed. d. The facts constituting reasonable cause. e. The number of the Florida statute violated. f. The name and authority of the citing officer. g. The procedure the minor shall follow in order to contest the citation, perform the required community service, attend a cyber safety program, or to pay the civil penalty fine. h. The signature of the minor. 2. If the citation is contested and the court determines that the minor did commit a noncriminal violation under this section, the court may order the minor to perform 8 hours of community service; pay a $60 fine; participate in a cyber safety program or any combination thereof. 3. A minor who fails to comply with the directions on the citation shall be deemed to waive his or her right to contest the noncriminal citation and the court may order any or all of the sanctions stated above or issue an order to show cause. Upon a finding of contempt and in addition to the above sanctions the court may order other age appropriate sanctions including ordering the Department of Highway Safety and Motor Vehicles to withhold issuance of or suspend the drivers license or driving privilege of the minor for 30 consecutive days. However, no sanction may include incarceration. 4. All court records and information obtained or produced under this paragraph shall be afforded the same level of confidentiality as found under s. 985.04 and s. 985.045. Confidentiality attaches to all noncriminal violations for sexting that occurred on or after October 1, 2011.
401 N. Dixie Highway, West Palm Beach, Florida 33401-4209 (561) 355-7100 www.palmbeachstateattorney.com
3 (b) Commits a misdemeanor of the first degree for a violation that occurs after being found to have committed a noncriminal violation for sexting or after the minor completes a sanction in lieu of a court appearance, punishable as provided in s. 775.082 or s. 775.083. (c) Commits a felony of the third degree for a violation that occurs after being found to have committed a misdemeanor of the first degree for sexting, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) This section does not prohibit the prosecution of a minor for a violation of any law of this state if the photograph or video that depicts nudity also includes the depiction of sexual conduct or sexual excitement, and does not prohibit the prosecution of a minor for stalking under s. 784.048. (5) As used in (c) this section, the term "found to have committed" means a determination of guilt that is the result of a plea or trial, or a finding of delinquency that is the result of a plea or an adjudicatory hearing, regardless of whether adjudication is withheld. (6) Eighty percent of all civil penalties received by a juvenile court pursuant to this section shall be remitted by the clerk of the court to the County commission to provide training on cyber safety for children and teens. The remaining 20 percent of civil penalties received by a court pursuant to this section shall remain with the clerk of the court to cover administrative costs.
985.0301
Jurisdiction.—
(1) The circuit court has exclusive original jurisdiction of proceedings in which a child is alleged: (a) to have committed a delinquent act or violation of law or (b) to have committed a noncriminal violation that has been assigned to juvenile court by law.
401 N. Dixie Highway, West Palm Beach, Florida 33401-4209 (561) 355-7100 www.palmbeachstateattorney.com