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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the exploitation of vulnerable 2
persons; creating s. 817.5695, F.S.; defining terms; 3
specifying conditions under which a person commits 4
exploitation of a person 65 years of age or older; 5
providing criminal penalties; specifying that not 6
knowing the age of a victim is not a defense; 7
providing circumstances under which the trial for 8
specified violations may be advanced on the docket; 9
authorizing persons who are in imminent danger of 10
exploitation to petition for protective injunction; 11
specifying applicable penalties for violations of any 12
such injunction; amending s. 775.15, F.S.; providing 13
time limitations for commencing prosecution for 14
specified violations; providing an exception for the 15
time limitations for commencing prosecution for 16
certain felony violations involving elderly persons or 17
disabled adults; amending ss. 825.1035 and 825.1036, 18
F.S.; providing that the term "vulnerable adult" as 19
used in the sections includes a person 65 years of age 20
or older who is or may be subject to exploitatio n as 21
described in s. 817.5695, F.S.; amending s. 921.0022, 22
F.S.; ranking specified offenses created by the act 23
involving the exploitation of a person 65 years of age 24
or older on the offense severity ranking chart of the 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Criminal Punishment Code; providing an effective date. 26
27
Be It Enacted by the Legislature of the State of Florida: 28
29
Section 1. Section 817.5695, Florida Statutes, is created 30
to read: 31
817.5695 Exploitation of a person 65 years of age or 32
older.— 33
(1) As used in this section, the term : 34
(a) "Bribe" means any money or anything of value which is 35
provided, directly or indirectly, to a person who has a legal or 36
fiduciary relationship with a person 65 years of age or older, 37
for the purpose of improperly obtaining or rewarding favorable 38
treatment from the person who has the legal or fiduciary 39
relationship in connection with his or her work for the person 40
65 years of age or older. 41
(b) "Deception" means: 42
1. Misrepresenting or concealing a material fact relating 43
to: 44
a. Services rendered, disposition of property, or use of 45
property, when such services or property are intended to benefit 46
a person 65 years of age or older; 47
b. Terms of a contract, agreement, trust, will, or 48
testament entered into with a person 65 years of age or older; 49
or 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
c. An existing or preexisting condition of any property 51
involved in a contract, agreement, trust, will, or testament 52
entered into with a person 65 years of age or older; or 53
2. Using any misrepresentation, false pretense, or false 54
promise in order to indu ce, encourage, or solicit a person 65 55
years of age or older to enter into a contract, agreement, 56
trust, will, or testament. 57
(c) "Endeavor" means to attempt or to try. 58
(d) "Fiduciary relationship" includes, but is not limited 59
to, a court-appointed or voluntary guardian, trustee, attorney, 60
or conservator. 61
(e) "Intimidation" means the communication by word or act 62
to a person 65 years of age or older that the person will be 63
deprived of food, nutrition, clothing, shelter, supervision, 64
medicine, medical ser vices, money, or financial support or will 65
suffer physical violence. 66
(f) "Kickback" means money, credit, a fee, a commission, a 67
gift, a gratuity or other compensation, or anything of value 68
which is provided to a person in exchange for preferential 69
treatment for the receipt of goods or services. 70
(g) "Obtains or uses" means any manner of: 71
1. Taking or exercising control over property; or 72
2. Making any use, disposition, or transfer of property. 73
(h) "Property" means anything of value and include s, but 74
is not limited to: 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1. Real property, including things growing on, affixed to, 76
or found in land. 77
2. Tangible or intangible personal property, including 78
intellectual property, rights, privileges, interests, and 79
claims. 80
3. Services. 81
(i) "Services" means anything of value resulting from a 82
person's physical or mental labor or skill, or from the use, 83
possession, or presence of property, and includes, but is not 84
limited to: 85
1. Repairs or improvements to property; 86
2. Professional services; 87
3. Private, public, or governmental communication, 88
transportation, power, water, or sanitation services; 89
4. Lodging accommodations; or 90
5. Admissions to places of exhibition or entertainment. 91
(j) "Value" means value determined according to any of the 92
following: 93
1. The market value of the property at the time and place 94
of the offense, or, if the market value cannot be satisfactorily 95
ascertained, the value is the cost of replacing the property 96
within a reasonable time after the commission of the offense; 97
2. In the case of a written instrument, such as a check, 98
draft, or promissory note, which does not have a readily 99
ascertainable market value, the value is the amount due or 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
collectible. The value of any other instrument that creates, 101
releases, discharges, or otherwise affects any valuable legal 102
right, privilege, or obligation is the greatest amount of 103
economic loss that the owner of the instrument might reasonably 104
suffer by the diminishment or loss of the instrument; 105
3. The value of a trade secret that d oes not have a 106
readily ascertainable market value is any reasonable value 107
representing the damage to the owner suffered by reason of 108
losing advantage over those who do not know of or use the trade 109
secret; or 110
4. If the value of the property cannot be asce rtained, the 111
trier of fact may find the value to be not less than a certain 112
amount; if no such minimum value can be ascertained, the value 113
is an amount less than $100. 114
115
Amounts of value of separate properties involved in exploitation 116
committed pursuant to one scheme or course of conduct, whether 117
the exploitation involves the same person or several persons, 118
may be aggregated in determining the degree of the offense. 119
(2) A person commits exploitation of a person 65 years of 120
age or older if he or she: 121
(a) Obtains or uses, endeavors to obtain or use, or 122
conspires with another to obtain or use, through deception or 123
intimidation, the property of a person 65 years of age or older, 124
with the intent to temporarily or permanently: 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1. Deprive that person of the us e, benefit, or possession 126
of the property; or 127
2. Benefit someone other than the property owner; 128
(b) Obtains or uses, endeavors to obtain or use, or 129
conspires with another to obtain or use, through deception or 130
intimidation, the property of a person 65 years of age or older 131
through the intentional modification, alteration, or fraudulent 132
creation of a plan of distribution or disbursement expressed in 133
a will, trust instrument, or other testamentary devise of the 134
person 65 years of age or older; or 135
(c) Deprives, endeavors to deprive, or conspires with 136
another to deprive, with the intent to defraud and by means of 137
bribery or kickbacks, a person 65 years of age or older of his 138
or her intangible right to honest services provided by an 139
individual who has a leg al or fiduciary relationship with such 140
person. 141
(3) A person who violates this section commits: 142
(a) A felony of the first degree, punishable as provided 143
in s. 775.082, s. 775.083, or s. 775.084, if the funds, assets, 144
or property involved in the exploita tion of a person 65 years of 145
age or older is valued at $50,000 or more. 146
(b) A felony of the second degree, punishable as provided 147
in s. 775.082, s. 775.083, or s. 775.084, if the funds, assets, 148
or property involved in the exploitation of a person 65 years of 149
age or older is valued at $10,000 or more, but less than 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
$50,000. 151
(c) A felony of the third degree, punishable as provided 152
in s. 775.082, s. 775.083, or s. 775.084, if the funds, assets, 153
or property involved in the exploitation of a person 65 years of 154
age or older is valued at less than $10,000. 155
(4) It does not consti tute a defense to a prosecution for 156
any violation of this section that the accused did not know the 157
age of the victim. 158
(5) In a criminal action resulting from a violation of 159
this section, the state may move the court to advance the trial 160
on the docket. The presiding judge, after consideration of the 161
age and health of the victim, may advance the trial on the 162
docket. The motion may be filed and served with the information 163
or charges at any time thereafter. 164
(6) Notwithstanding s. 825.1035(2), a person 65 y ears of 165
age or older who is in imminent danger of being exploited may 166
petition for an injunction for protection as provided under s. 167
825.1035. A violation of such injunction shall be handled in the 168
same manner, and such violation shall have the same penalt ies, 169
as provided in s. 825.1036. 170
Section 2. Subsection (10) of section 775.15, Florida 171
Statutes, is amended to read: 172
775.15 Time limitations; general time limitations; 173
exceptions.— 174
(10)(a) A prosecution for a felony violation of s. 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
817.5695, s. 825.102, or s. 825.103 must be commenced within 5 176
years after it is committed. 177
(b) If the period prescribed in paragraph (a) has expired, 178
a prosecution may nevertheless be commenced for any offense, a 179
material element of which is either fraud or a breach of 180
fiduciary obligation, within 5 years after discovery of the 181
offense by an aggrieved party or by a person who has a legal 182
duty to represent an aggrieved party and who is not a party to 183
the offense. 184
Section 3. Subsection (1) of section 825.1035, Florida 185
Statutes, is amended to read: 186
825.1035 Injunction for protection against exploitation of 187
a vulnerable adult.— 188
(1) INJUNCTION CREATED. —There is created a cause of action 189
for an injunction for protection against exploitation of a 190
vulnerable adult. As used in this section, and in addition to 191
the definitions provided in this chapter, exploitation of a 192
vulnerable adult includes a person 65 years of age or older who 193
is or may be subject to exploitation as described in s. 194
817.5695. 195
Section 4. Subsection ( 1) of section 825.1036, Florida 196
Statutes, is amended to read: 197
825.1036 Violation of an injunction for protection against 198
exploitation of a vulnerable adult. — 199
(1) In the event of a violation of an injunction for 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
protection against exploitation of a vuln erable adult when the 201
person who violated such injunction has not been arrested, the 202
petitioner may contact the clerk of the circuit court of the 203
county in which the violation is alleged to have occurred. The 204
clerk of the circuit court shall assist the pet itioner in the 205
preparation of an affidavit in support of the violation or 206
direct the petitioner to the office operated by the court within 207
the circuit which has been designated by the chief judge of the 208
judicial circuit as the central intake point for inju nction 209
violations and where the petitioner can receive assistance in 210
the preparation of the affidavit in support of the violation. As 211
used in this section, and in addition to the definitions 212
provided in this chapter, exploitation of a vulnerable adult 213
includes a person 65 years of age or older who is or may be 214
subject to exploitation as described in s. 817.5695. 215
Section 5. Paragraphs (d) and (f) of subsection (3) of 216
section 921.0022, Florida Statutes, are amended to read: 217
921.0022 Criminal Punishment Code; offense severity 218
ranking chart.— 219
(3) OFFENSE SEVERITY RANKING CHART 220
(d) LEVEL 4 221
222
Florida
Statute
Felony
Degree Description
223
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
316.1935(3)(a) 2nd Driving at high speed or with
wanton disregard for safety
while fleeing or attempting to
elude law enforcement officer
who is in a patrol vehicle with
siren and lights activated.
224
499.0051(1) 3rd Failure to maintain or deliver
transaction history,
transaction information, or
transaction statements.
225
499.0051(5) 2nd Knowing sale or delivery, or
possession with intent to sell,
contraband prescription drugs.
226
517.07(1) 3rd Failure to register securities.
227
517.12(1) 3rd Failure of dealer, associated
person, or issuer of securities
to register.
228
784.07(2)(b) 3rd Battery of law enforcement
officer, firefighter, etc.
229
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
784.074(1)(c) 3rd Battery of sexually violent
predators facility staff.
230
784.075 3rd Battery on detention or
commitment facility staff.
231
784.078 3rd Battery of facility employee by
throwing, tossing, or expelling
certain fluids or materials.
232
784.08(2)(c) 3rd Battery on a person 65 years of
age or older.
233
784.081(3) 3rd Battery on specified official
or employee.
234
784.082(3) 3rd Battery by detained person on
visitor or other detainee.
235
784.083(3) 3rd Battery on code inspector.
236
784.085 3rd Battery of child by throwing,
tossing, projecting, or
expelling certain fluids or
materials.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
237
787.03(1) 3rd Interference with custody;
wrongly takes minor from
appointed guardian.
238
787.04(2) 3rd Take, entice, or remove child
beyond state limits with
criminal intent pending custody
proceedings.
239
787.04(3) 3rd Carrying child beyond state
lines with criminal intent to
avoid producing child at
custody hearing or delivering
to designated person.
240
787.07 3rd Human smuggling.
241
790.115(1) 3rd Exhibiting firearm or weapon
within 1,000 feet of a school.
242
790.115(2)(b) 3rd Possessing electric weapon or
device, destructive device, or
other weapon on school
property.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
243
790.115(2)(c) 3rd Possessing firearm on school
property.
244
794.051(1) 3rd Indecent, lewd, or lascivious
touching of certain minors.
245
800.04(7)(c) 3rd Lewd or lascivious exhibition;
offender less than 18 years.
246
806.135 2nd Destroying or demolishing a
memorial or historic property.
247
810.02(4)(a) 3rd Burglary, or attempted
burglary, of an unoccupied
structure; unarmed; no assault
or battery.
248
810.02(4)(b) 3rd Burglary, or attempted
burglary, of an unoccupied
conveyance; unarmed; no assault
or battery.
249
810.06 3rd Burglary; possession of tools.
250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
810.08(2)(c) 3rd Trespass on property, armed
with firearm or dangerous
weapon.
251
812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
or more but less than $20,000.
252
812.014
(2)(c)4.-10.
3rd Grand theft, 3rd degree;
specified items.
253
812.0195(2) 3rd Dealing in stolen property by
use of the Internet; property
stolen $300 or more.
254
817.505(4)(a) 3rd Patient brokering.
255
817.563(1) 3rd Sell or deliver substance other
than controlled substance
agreed upon, excluding s.
893.03(5) drugs.
256
817.568(2)(a) 3rd Fraudulent use of personal
identification information.
257
817.5695(3)(c) 3rd Exploitation of person 65 years
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of age or older, value less
than $10,000.
258
817.625(2)(a) 3rd Fraudulent use of scanning
device, skimming device, or
reencoder.
259
817.625(2)(c) 3rd Possess, sell, or deliver
skimming device.
260
828.125(1) 2nd Kill, maim, or cause great
bodily harm or permanent
breeding disability to any
registered horse or cattle.
261
836.14(2) 3rd Person who commits theft of a
sexually explicit image with
intent to promote it.
262
836.14(3) 3rd Person who willfully possesses
a sexually explicit image with
certain knowledge, intent, and
purpose.
263
837.02(1) 3rd Perjury in official
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
proceedings.
264
837.021(1) 3rd Make contradictory statements
in official proceedings.
265
838.022 3rd Official misconduct.
266
839.13(2)(a) 3rd Falsifying records of an
individual in the care and
custody of a state agency.
267
839.13(2)(c) 3rd Falsifying records of the
Department of Children and
Families.
268
843.021 3rd Possession of a concealed
handcuff key by a person in
custody.
269
843.025 3rd Deprive law enforcement,
correctional, or correctional
probation officer of means of
protection or communication.
270
843.15(1)(a) 3rd Failure to appear while on bail
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
for felony (bond estreature or
bond jumping).
271
847.0135(5)(c) 3rd Lewd or lascivious exhibition
using computer; offender less
than 18 years.
272
870.01(3) 2nd Aggravated rioting.
273
870.01(5) 2nd Aggravated inciting a riot.
274
874.05(1)(a) 3rd Encouraging or recruiting
another to join a criminal
gang.
275
893.13(2)(a)1. 2nd Purchase of cocaine (or other
s. 893.03(1)(a), (b), or (d),
(2)(a), (2)(b), or (2)(c)5.
drugs).
276
914.14(2) 3rd Witnesses accepting bribes.
277
914.22(1) 3rd Force, threaten, etc., witness,
victim, or informant.
278
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
914.23(2) 3rd Retaliation against a witness,
victim, or informant, no bodily
injury.
279
916.1085
(2)(c)1.
3rd Introduction of specified
contraband into certain DCF
facilities.
280
918.12 3rd Tampering with jurors.
281
934.215 3rd Use of two-way communications
device to facilitate commission
of a crime.
282
944.47(1)(a)6. 3rd Introduction of contraband
(cellular telephone or other
portable communication device)
into correctional institution.
283
951.22(1)(h),
(j) & (k)
3rd Intoxicating drug,
instrumentality or other device
to aid escape, or cellula r
telephone or other portable
communication device introduced
into county detention facility.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
284
(f) LEVEL 6 285
286
Florida
Statute
Felony
Degree Description
287
316.027(2)(b) 2nd Leaving the scene of a crash
involving serious bodily
injury.
288
316.193(2)(b) 3rd Felony DUI, 4th or subsequent
conviction.
289
400.9935(4)(c) 2nd Operating a clinic, or offering
services requiring licensure,
without a license.
290
499.0051(2) 2nd Knowing forgery of transaction
history, transaction
information, or transaction
statement.
291
499.0051(3) 2nd Knowing purchase or receipt of
prescription drug from
unauthorized person.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
292
499.0051(4) 2nd Knowing sale or transfer of
prescription drug to
unauthorized person.
293
775.0875(1) 3rd Taking firearm from law
enforcement officer.
294
784.021(1)(a) 3rd Aggravated assault; deadly
weapon without intent to kill.
295
784.021(1)(b) 3rd Aggravated assault; intent to
commit felony.
296
784.041 3rd Felony battery; domestic
battery by strangulation.
297
784.048(3) 3rd Aggravated stalking; credible
threat.
298
784.048(5) 3rd Aggravated stalking of person
under 16.
299
784.07(2)(c) 2nd Aggravated assault on law
enforcement officer.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
300
784.074(1)(b) 2nd Aggravated assault on sexually
violent predators facility
staff.
301
784.08(2)(b) 2nd Aggravated assault on a person
65 years of age or older.
302
784.081(2) 2nd Aggravated assault on specified
official or employee.
303
784.082(2) 2nd Aggravated assault by detained
person on visitor or other
detainee.
304
784.083(2) 2nd Aggravated assault on code
inspector.
305
787.02(2) 3rd False imprisonment; restraining
with purpose other than those
in s. 787.01.
306
790.115(2)(d) 2nd Discharging firearm or weapon
on school property.
307
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
790.161(2) 2nd Make, possess, or throw
destructive device with intent
to do bodily harm or damage
property.
308
790.164(1) 2nd False report concerning bomb,
explosive, weapon of mass
destruction, act of arson or
violence to state property, or
use of firearms in violent
manner.
309
790.19 2nd Shooting or throwing deadly
missiles into dwellings,
vessels, or vehicles.
310
794.011(8)(a) 3rd Solicitation of minor to
participate in sexual activity
by custodial adult.
311
794.05(1) 2nd Unlawful sexual activity with
specified minor.
312
800.04(5)(d) 3rd Lewd or lascivious molestation;
victim 12 years of age or older
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
but less than 16 years of age;
offender less than 18 years.
313
800.04(6)(b) 2nd Lewd or lascivious conduct;
offender 18 years of age or
older.
314
806.031(2) 2nd Arson resulting in great bodily
harm to firefighter or any
other person.
315
810.02(3)(c) 2nd Burglary of occupied structure;
unarmed; no assault or battery.
316
810.145(8)(b) 2nd Video voyeurism; certain minor
victims; 2nd or subsequent
offense.
317
812.014(2)(b)1. 2nd Property stolen $20,000 or
more, but less than $100,000,
grand theft in 2nd degree.
318
812.014(6) 2nd Theft; property stolen $3,000
or more; coordination of
others.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
319
812.015(9)(a) 2nd Retail theft; property stolen
$750 or more; second or
subsequent conviction.
320
812.015(9)(b) 2nd Retail theft; aggregated
property stolen within 30 days
is $3,000 or more; coordination
of others.
321
812.015(9)(d) 2nd Retail theft; multiple thefts
within specified period.
322
812.13(2)(c) 2nd Robbery, no firearm or other
weapon (strong-arm robbery).
323
817.4821(5) 2nd Possess cloning paraphernalia
with intent to create cloned
cellular telephones.
324
817.49(2)(b)2. 2nd Willful making of a false
report of a crime resulting in
death.
325
817.505(4)(b) 2nd Patient brokering; 10 or more
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patients.
326
817.5695(3)(b) 2nd Exploitation of person 65 years
of age or older, value $10,000
or more, but less than $50,000.
327
825.102(1) 3rd Abuse of an elderly person or
disabled adult.
328
825.102(3)(c) 3rd Neglect of an elderly person or
disabled adult.
329
825.1025(3) 3rd Lewd or lascivious molestation
of an elderly person or
disabled adult.
330
825.103(3)(c) 3rd Exploiting an elderly person or
disabled adult and property is
valued at less than $10,000.
331
827.03(2)(c) 3rd Abuse of a child.
332
827.03(2)(d) 3rd Neglect of a child.
333
827.071(2) & (3) 2nd Use or induce a child in a
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sexual performance, or promote
or direct such performance.
334
828.126(3) 3rd Sexual activities involving
animals.
335
836.05 2nd Threats; extortion.
336
836.10 2nd Written or electronic threats
to kill, do bodily injury, or
conduct a mass shooting or an
act of terrorism.
337
843.12 3rd Aids or assists person to
escape.
338
847.011 3rd Distributing, offering to
distribute, or possessing with
intent to distribute obscene
materials depicting minors.
339
847.012 3rd Knowingly using a minor in the
production of materials harmful
to minors.
340
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847.0135(2) 3rd Facilitates sexual conduct of
or with a minor or the visual
depiction of such conduct.
341
914.23 2nd Retaliation against a witness,
victim, or informant, with
bodily injury.
342
918.13(2)(b) 2nd Tampering with or fabricating
physical evidence relating to a
capital felony.
343
944.35(3)(a)2. 3rd Committing malicious battery
upon or inflicting cruel or
inhuman treatment on an inmate
or offender on community
supervision, resulting in great
bodily harm.
344
944.40 2nd Escapes.
345
944.46 3rd Harboring, concealing, aiding
escaped prisoners.
346
944.47(1)(a)5. 2nd Introduction of contraband
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(firearm, weapon, or explosive)
into correctional facility.
347
951.22(1)(i) 3rd Firearm or weapon introduced
into county detention facility.
348
Section 6. This act shall take effect October 1, 2023. 349