By Regan McCarthy
http://stream.publicbroadcasting.net/production/mp3/wfsu/local-wfsu-966327.mp3
Tallahassee, FL – A bill passed in the Florida House requires public schools to provide an internet safety class through their health education program. Florida Public Radio's Regan McCarthy reports the rule came as part of a number of bills passed in the House aimed at protecting children.
Under current Florida law an individual caught in possession of child pornography faces felony charges. But Representative Joseph Abruzzo of Wellington says in some cases that law is outdated.
"When our child pornography laws were written in the state of Florida they didn't take effect the account of the advances of technology such as cell phones and computers."
Abruzzo's bill addresses sexting or the sending and receiving of images or messages of a sexual nature over an electronic device such as a cell phone. Abruzzo says sexting is common among young people, but the penalties are too harsh.
"Right now in law when a minor sends an inappropriate picture to another minor it is actually a felony and they have to register as a sex offender into their mid-40s."
Under Abruzzo's bill, a first offense would be considered a non-criminal offense; a second time would be a misdemeanor. The third case would be recorded as a felony. Abruzzo says the intent is to protect minors who have made what he calls "youthful indiscretions."
Abruzzo's bill also creates a method through which children can report having received a message containing sexual content without facing punishment. Representative Rich Glorioso of Plant City says under current law, a person receiving such a message would be considered in possession of pornography.
"If they distribute it, they are distributing child pornography. If they destroy it, they have destroyed evidence of pornography and they can be charged."
Glorioso says right now a child could even face criminal repercussions for showing their message to a trusted adult.
Theoretically if they have it right now and they show a parent they are now transporting and displaying and distributing pornography. This takes the criminal offense away.
The bill allows minors to report an offense by displaying an inappropriate message to a teacher, law enforcement officer or parent. The bill passed the House with no dissent.
Both the House and Senate tackled bills addressing the issue of cloud porn. It's the process of viewing but not downloading pornography from the internet. It works in the same way an online e-mail service works, storing e-mails so they are always online and available without a person having to download them onto a computer. Some people have begun using the same method to store child pornography skirting current law because the material is not in the perpetrator's possession. House Bill 251 and Senate Bill 846 address the issue. Senator Lizbeth Benacquisto of Wellington says it's a matter of laws keeping up with technological changes.
"Senate Bill 486 expands the current statute that prohibits owning child pornography to also outlaw intentional viewing or controlling these images. This expansion is necessary to prosecute pedophiles who have discovered how to intentionally view these images without ever downloading to their own hard drive."
The bill makes concessions for those who may accidentally view the material, requiring that a person must have seen more than one video or image in order to be charged.
House Representatives also considered a bill upping the penalty for murdering a person 17 years-of-age or younger. Under the bill, a 1st degree murder charge could become a capital offense meaning the offender would face the death penalty. A 2nd degree charge increases to a 1st degree offense which could result in life imprisonment. The rule applies regardless of whether the perpetrator is aware of the victim's age. Representative Carlos Trujillo of Miami, a member of the House Criminal Justice Committee, says the idea is to give children the same elevated protections governmental officials such as judges and police officers enjoy.
"Specifically for a first degree murder there was a case that occurred yesterday or two days ago in Miami-Dade County. A 25-year-old father brutally beats and murders his child. That would be a second degree murder if its in the act or the rage. That would be reclassified until the first degree standard."
Those in opposition to the bill worry about the impact the potential law could have when applied to a child offender. Representative Frank Artiles of Miami who introduced the bill says he'd be willing to consider an amendment when the bill moves to 3rd reading making the increase optional.
The House also passed a rule toughening penalties for parents or adults found allowing minors to consume drugs or alcohol during a party at the adult's house. The adult would be charged with a 1st degree misdemeanor resulting in up to 1 year in jail if any of the minors consuming drugs or alcohol at the party seriously injure or kill anyone.