Children are among the most vulnerable members of society, making it utterly despicable to exploit them. House Bill 1545, which established Florida’s statute 847.01385, aims to combat this issue.
House Bill 1545, which took effect on October 1, introduces the offense of “Harmful Communication to a Minor.” It now constitutes a third-degree felony for an adult to engage in a pattern of communication to a minor that is harmful or includes explicit and detailed verbal descriptions or narrative accounts of sexual activity, conduct, or excitement.
This legislation explicitly states that ignorance of a minor’s age, a minor’s misrepresentation of their age, a genuine belief in a minor’s age, or a minor’s consent cannot be used as reasonable defenses for this crime. The offense severity ranking chart classifies this new crime as a level three offense, with level 10 being the most severe.
Furthermore, House Bill 1545 amends Florida’s statute 921.0022 to raise the ranking levels of specified child exploitation offenses on the offense severity ranking chart of the Criminal Punishment Code. The purpose of this amendment is to increase the minimum prison sentence for individuals who exploit children.
As a result, the possession, control, or intentional viewing of child pornography now falls under a level six offense instead of level five. The possession of child pornography with the intent to promote it is now a level seven offense, up from level five. The act of using or inducing a child in a sexual performance, as well as promoting or directing such performance, has been elevated from a level six to a level seven offense.
House Bill 1545 was initially drafted by the Criminal Justice Committee and filed on January 8, 2024. It received unanimous support in the Senate (40-0) and the House (100-11). Governor DeSantis approved the bill on April 10, 2024, after it was presented to him on April 8, 2024.
For a comprehensive understanding of this new law, you can read the entire 57-page House Bill 1545 by clicking here. To access the official summary, click here.
