Transmission of child sexual abuse material by electronic device or equipment prohibited; penalties.

(1) As used in this section, the term:

(a) “Access credential” means any password, username, token, unique link, uniform resource locator (URL), hyperlink, or other data that enables a user to access a digital file or other data in cloud storage.

(b) “Child sexual abuse material” has the same meaning as in s. 847.001.

(c) “Cloud storage” means any remote, networked, or third-party provided storage service that enables a user to store, host, or share a digital file or other data and to access such a digital file or other data via the Internet or other network, whether by direct file transfer, access credential, link, or other similar means.

(d) “Link” means any uniform resource locater (URL), hyperlink, short link, shareable link, magnet link, or other string, token, or data that, when used, directs or grants a user access to a digital file or other data that is stored remotely, including in cloud storage.

(e) “Transmit” means the act of sending and causing to be delivered, including the act of providing access for receiving and causing to be delivered, any image, information, or data over or through any medium, including the Internet or an interconnected network, by use of any electronic equipment or other device. The term also includes the act of providing access to any image, information, or data in cloud storage by sharing, publishing, or otherwise making available a link, access credential, or other similar means by which another person may access, view, or obtain such image, information, or data.

(2) Notwithstanding ss. 847.012 and 847.0133, any person in this state who knew or reasonably should have known that he or she was transmitting child sexual abuse material to another person in this state or in another jurisdiction commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Except as provided in subsection (7), a person 18 years of age or older at the time of the offense who is convicted of a violation of this subsection must be sentenced to a mandatory minimum term of imprisonment of 5 years.

(3) Notwithstanding ss. 847.012 and 847.0133, any person in any jurisdiction other than this state who knew or reasonably should have known that he or she was transmitting child sexual abuse material to any person in this state commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Except as provided in subsection (7), a person 18 years of age or older at the time of the offense who is convicted of a violation of this subsection must be sentenced to a mandatory minimum term of imprisonment of 5 years.

(4) A person may not be prosecuted under this section for providing a link, access credential, or other information, in good faith, to a law enforcement agency, prosecuting authority, or authorized forensic examiner for the purpose of reporting suspected child sexual abuse material, cooperating with an investigation, preserving evidence, or seeking lawful removal of content.

(5) This section shall not be construed to preclude prosecution of a person in this state or another jurisdiction for a violation of any law of this state, including a law providing for greater penalties than prescribed in this section, for the transmission of child sexual abuse material to any person in this state.

(6) A person is subject to prosecution in this state pursuant to chapter 910 for any act or conduct proscribed by this section, including a person in a jurisdiction other than this state, if the act or conduct violates subsection (3).

(7) A court is not required to impose a mandatory minimum term of imprisonment for a violation of this section if the court makes the following written findings related to the image that forms the basis of the violation:

(a) The child depicted in the image was 14 years of age or older at the time the image was created;

(b) The image was created with the depicted child’s permission;

(c) The offender was not more than 4 years older than the depicted child at the time the image was created; and

(d) The offender did not transmit the image to any third party.

The provisions of this section do not apply to subscription-based transmissions such as list servers.