The bill CS/HB 245 seeks to amend various sections of Florida law by replacing the term "child pornography" with "child sexual abuse material" to provide a more accurate and sensitive description of the exploitation of children. This change is reflected across multiple statutes, including those related to criminal history checks, judicial proceedings, and definitions of offenses. The bill also establishes stricter penalties for offenses involving child sexual abuse material, reclassifying certain violations to higher degrees of felonies and mandating law enforcement protocols for handling such cases. Additionally, it allows victims of specific sexual abuse crimes as minors to file civil lawsuits against those involved in the production, promotion, or possession of child sexual abuse material, regardless of their current age, with a minimum damage award of $150,000.
Furthermore, the bill expands the definition of "qualifying offenses" for violations of probation or community control to include serious crimes such as kidnapping and various forms of sexual offenses. It also ensures that individuals transmitting child sexual abuse material face penalties, and those reporting suspected abuse are granted immunity from civil liability. The bill aims to enhance legal protections for vulnerable populations, including children and the elderly, and improve the legal framework for prosecuting related offenses. It is set to take effect on July 1, 2026, reflecting a commitment to strengthening protections against sexual exploitation and providing support for victims.
Statutes affected: H 245 Filed: 39.0138, 92.561, 435.07, 456.074, 836.13, 836.14, 847.001, 847.002, 847.0139, 903.011, 948.06, 960.197
H 245 c1: 39.0138, 92.561, 435.07, 456.074, 836.13, 836.14, 847.001, 847.002, 847.0139, 903.011, 948.06, 960.197