SB 1396 - Child Pornography

• Repeals former s. 827.071 and creates new s. 847.003 establishing sexual performance by a child as a second-degree felony, covering use, inducement, and promotion of minors in sexual performances.

• Comprehensively revises child pornography laws by amending s. 847.0137 to define child pornography, prohibit possession with intent to promote (second-degree felony), knowingly possess or view (third-degree felony), and establish that each transmission or visual depiction constitutes a separate offense.

• Establishes registration and supervision requirements for offenders convicted under ss. 847.003 and 847.0137, including mandatory conditions such as curfews, residency restrictions near schools, sex offender treatment, electronic monitoring, and polygraph examinations where applicable.

• Updates sentencing guidelines and severity rankings to include new offenses under s. 847.003 (second-degree felony) and s. 847.0137 subsections (second and third-degree felonies), and amends numerous cross-referenced statutes relating to sexual offender registration, probation conditions, and disqualifications from employment.

• Takes effect October 1, 2016 and consolidates child exploitation offenses into chapter 847 (renamed "Obscenity; Child Pornography"), replacing scattered references to former chapter 827 provisions throughout Florida law.