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Bill Summary · SB 398

Summary of SB 398: Child Pornography Terminology

Bill Information:
- Bill Number: SB 398
- Title: Child Pornography Terminology
- Status: Filed
- Introduced: November 5, 2025
- Sponsor: Senator Leek
- Classification: Bill
- Subject Areas: Crimes, Criminal Procedure and Corrections, Evidence, Judicial Branch, Labor

Purpose and Intent

SB 398 aims to update the terminology used in Florida law regarding offenses related to child pornography. The bill seeks to replace the term "child pornography" with "child sexual abuse material" across various statutes. This change is intended to reflect a more accurate description of the nature of the offenses and to emphasize the abusive context of the material involved.

Key Provisions

The bill proposes amendments to multiple sections of the Florida Statutes, including but not limited to:

  1. Terminology Change:

    • The term "child pornography" will be replaced with "child sexual abuse material" in various statutes, including sections related to criminal history checks, judicial proceedings, and employment disqualifications.

  2. Criminal History Checks:

    • Amendments to section 39.0138 will prevent the placement of children with individuals convicted of felonies related to child sexual abuse material.

  3. Judicial Proceedings:

    • Section 92.56 will allow the use of pseudonyms for victims in cases involving child sexual abuse material, ensuring their identities are protected during court proceedings.

  4. Prohibition on Reproduction:

    • Section 92.561 will establish that any materials depicting child sexual abuse must remain secured and cannot be reproduced by defendants in criminal proceedings, although they must be made reasonably available for inspection.

  5. Employment Disqualifications:

    • Changes to section 435.07 will ensure that individuals registered as sex offenders are permanently disqualified from employment in child care, regardless of previous exemptions.

Impact

The bill will primarily affect:
- Legal and Judicial Systems: Courts and law enforcement agencies will need to update their practices and documentation to reflect the new terminology.
- Victims of Child Sexual Abuse: The use of pseudonyms aims to protect the identities of victims during legal proceedings.
- Child Care Providers: Individuals with certain felony convictions related to child sexual abuse material will face stricter employment disqualifications.

Procedural Aspects

  • Effective Date: The bill does not specify an effective date in the provided text, but typically, such legislation would take effect upon becoming law unless otherwise stated.
  • Legislative Actions: The bill was filed on November 5, 2025, and is currently in the legislative process.

In summary, SB 398 represents a significant shift in the legal framework surrounding child sexual abuse material in Florida, aiming to enhance the protection of children and victims while clarifying the language used in legal contexts.

Compiled from official sources — confirm details with the bill’s official record.

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