+{ }+ represents underlined; words underlined are additions -{ }- represents stricken; words stricken are deletions _________________________________________________________________ House Bill hb0013 Corresponding Bill Information and History 520-114A-5-4 HB 13 A bill to be entitled An act relating to obscenity; providing a short title; amending s. 772.102, F.S.; redefining the term "criminal activity," for purposes of providing a civil remedy pursuant to ch. 772, F.S., to include reference to crimes chargeable under s. 847.0145, F.S., relating to selling or buying of minors for obscenity purposes; providing an effective date. WHEREAS, it has been established that sexually explicit material creates actual harm or the danger of harm to both individuals and society at large, and WHEREAS, a causal relationship has been found to exist between exposure to sexually explicit materials and sexual aggression, including the commission of unlawful sexual acts, and WHEREAS, behavioral studies have indicated a correlation between heavy exposure to violent sexually explicit materials and violent serial criminality, as well as between heavy consumption of child pornography and child sexual abuse, and WHEREAS, recent psychological studies also indicate a correlation between the growing number of children who commit violent sexual offenses and the declining age of first exposure to sexually explicit materials, and WHEREAS, the state has a legitimate interest in proscribing certain activities and in providing a civil remedy to compensate the victims of such criminal activities, in addition to the criminal penalties provided to punish the offenders and protect society, NOW, THEREFORE, 1 Be It Enacted by the Legislature of the State of Florida: Section 1. +{This act may be cited as the "Pornography Victims' Compensation Act of 1995."}+ Section 2. Effective July 1, 1995, and applicable to civil remedies for criminal activities committed on or after that date, paragraph (a) of subsection (1) of section 772.102, Florida Statutes, as amended by chapter 93-415, Laws of Florida, is amended to read: 772.102 Definitions.--As used in this chapter, the term: (1) "Criminal activity" means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit: (a) Any crime which is chargeable by indictment or information under the following provisions: 1. Section 210.18, relating to evasion of payment of cigarette taxes. 2. Section 409.325, relating to public assistance fraud. 3. Sections 440.105 or 440.106, relating to workers' compensation. 4. Chapter 517, relating to securities transactions. 5. Section 550.235, s. 550.3551, or s. 550.3605, relating to dogracing and horseracing. 6. Chapter 550, relating to jai alai frontons. 7. Chapter 552, relating to the manufacture, distribution, and use of explosives. 8. Chapter 562, relating to beverage law enforcement. 9. Chapter 687, relating to interest and usurious practices. 2 10. Section 721.08, s. 721.09, or s. 721.13, relating to real estate time-share plans. 11. Chapter 782, relating to homicide. 12. Chapter 784, relating to assault and battery. 13. Chapter 787, relating to kidnapping. 14. Chapter 790, relating to weapons and firearms. 15. Section 796.01, s. 796.03, s. 796.04, s. 796.05, or s. 796.07, relating to prostitution. 16. Chapter 806, relating to arson. 17. Chapter 812, relating to theft, robbery, and related crimes. 18. Chapter 815, relating to computer-related crimes. 19. Chapter 817, relating to fraudulent practices, false pretenses, fraud generally, and credit card crimes. 20. Section 827.071, relating to commercial sexual exploitation of children. 21. Chapter 831, relating to forgery and counterfeiting. 22. Chapter 832, relating to issuance of worthless checks and drafts. 23. Section 836.05, relating to extortion. 24. Chapter 837, relating to perjury. 25. Chapter 838, relating to bribery and misuse of public office. 26. Chapter 843, relating to obstruction of justice. 27. Section 847.011, s. 847.012, s. 847.013, +{s. 847.0145,}+ s. 847.06, or s. 847.07, relating to obscene literature+{,}+ -{and}profanity+{, and selling or buying of minors for obscenity purposes}+. 28. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 849.25, relating to gambling. 3 29. Chapter 893, relating to drug abuse prevention and control. 30. Section 914.22 or s. 914.23, relating to witnesses, victims, or informants. 31. Section 918.12 or s. 918.13, relating to tampering with jurors and evidence. Section 3. This act shall take effect July 1, 1995. __________________________________________________________________________ HOUSE SUMMARY Creates the "Pornography Victims' Compensation Act of 1995." Amends the Civil Remedies for Criminal Practices Act by redefining the term "criminal activity," for purposes of providing a civil remedy, to include reference to crimes chargeable under s. 847.0145, F.S., relating to selling or buying of minors for obscenity purposes. 4 _________________________________________________________________ General Help _________________________________________________________________ Return to Previous Page Return to On-line Sunshine Home Page Disclaimer _________________________________________________________________ Any comments or questions concerning On-Line Sunshine should be addressed to: fla-leg@wane-leon-mail.scri.fsu.edu This information brought to you by the WANE group at SCRI, and the Legislative Data Center, a division of the Joint Legislative Management Committee of the Florida Legislature.