(TALLAHASSEE, FL.) - Following Operation Safe Harvest, which produced 20 child exploitation-related arrests, several new laws punishing offenders have been signed into effect.
Hb 445, otherwise known as Missy’s Law, was signed Mar. 31, just under a year removed from an incident in Tallahassee that took a five-year-old girl's life.
Last April, Daniel Spencer was released from jail on bond, despite being convicted of a child-related crime.
Since July of 2024, Daniel had been under suspicion of abusing his step-daughter Melissa ‘Missy’ Mogle. The state attorney’s office was aware but unable to provide the information to the judge.
At the time of Spencer’s bond hearing, he had not been charged with abusing Missy, which prevented them from properly presenting it to the judge.
Presenting the separate case could have had other legal implications leading to a possible mistrial.
Due to legal loopholes, the State Attorney’s office recommended for Judge Tiffany Baker-Carper to deny his bond and put him in custody based on his conviction for meeting a 15-year-old girl.
The truth is the judge was unaware of Spencer’s abuse to Missy, and was not aware of any misbehavior while he was on bond.
Ultimately, the judge allowed Spencer to await sentencing on bond, which is not common for someone like Daniel Spencer. Judges usually allow nonviolent and non-community risk convictions to attempt bond. Although the judge was not allowed to be aware of Spencer abusing Missy, she deemed him safe despite the child-related conviction she oversaw.
Missy was found unresponsive with rope and burn marks on her on May 19.
HB 445 (Missy’s Law) added child exploitation to the list of crimes that do not allow a person to leave on bond.
"Justice demands that those who victimize innocent people face swift and meaningful consequences."
Photo Credit: Executive Office of The Governor / Florida Governor Ron DeSantis
In addition to Missy’s Law, Governor DeSantis has called for the impeachment and removal of Judge Baker-Carper.
The governor also signed HB 1159, another bill related to more appropriate punishments for child-related crimes.
HB 1159 modified Florida Statutes to replace the term ‘child pornography’ with the term ‘child sexual abuse material’(CSAM), following the example of the Department of Justice.
Legislatures argued the term pornography was not accurate to the nature of the crime, arguing the term has become too normalized and implied a level of consent that was not possible. The law affirms national standards and does not aim to change the interpretation of any laws, but ensures the name carries the appropriate connotations.
HB 1159 also created new penalties for offenders.
Distributing CSAM was upgraded from a third-degree to a second-degree felony, now carrying a minimum sentence of five years in prison.
The bill also classifies aggravated abuse of a child younger than 12 years old, which gives anyone who permits a child younger than 12 to commit a sexual act a Life Felony.
A Life Felony carries a minimum sentence of 25 years in prison (with possibility of life), and forced restitutions. HB 1159 also creates felony charges for A.I. generated CSAM and child-like sex dolls.
If you have any questions or concerns, please comment and email me at jason.f@lead4earth.org.
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