SB 1558 - Child Exploitation Summary

• Repeals former s. 827.071 (sexual performance by a child) and creates new s. 847.003 establishing separate offenses for using a child in a sexual performance and promoting a sexual performance by a child, both felonies of the second degree.

• Significantly expands and restructures s. 847.0137 (child pornography) to define child pornography more broadly, establish separate offenses for possession with intent to promote (2nd degree felony) and knowingly possessing/controlling/intentionally viewing (3rd degree felony), with each visual depiction constituting a separate offense.

• Renames chapter 847 from "Obscene Literature" to "Obscenity; Child Exploitation" and makes conforming amendments throughout Florida Statutes to reference the new sections instead of former s. 827.071.

• Ranks solicitation of a child via computer service while misrepresenting one's age as a Level 8 felony (2nd degree) on the offense severity ranking chart.

• Applies existing sex offender registration, probation/community control conditions, supervision requirements, and residency restrictions to offenders convicted under the new s. 847.003 and s. 847.0137(2) provisions, with an effective date of October 1, 2017.