Senate Bill sb0136e1

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    SB 136                                         First Engrossed



  1                      A bill to be entitled

  2         An act relating to sex crimes; amending ss.

  3         794.011, 796.07, 800.04, 825.1025, 827.071,

  4         847.001, F.S., relating to sexual battery,

  5         prostitution, lewd or lascivious offenses,

  6         sexual performance by a child, and obscene

  7         literature and other material; defining the

  8         terms "vaginal" and "vagina" for purposes of

  9         laws defining certain prohibited sexual

10         activities; amending s. 794.022, F.S.;

11         providing for certain rules of evidence

12         applicable to the criminal prosecution of the

13         crime of sexual battery to apply in any civil

14         action brought under the Florida Civil Rights

15         Act involving the perpetration or alleged

16         perpetration of such crime; providing an

17         effective date.

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19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  Section 794.022, Florida Statutes, is

22  amended to read:

23         794.022  Rules of evidence.--

24         (1)  The testimony of the victim need not be

25  corroborated in a prosecution under s. 794.011.

26         (2)  Specific instances of prior consensual sexual

27  activity between the victim and any person other than the

28  offender shall not be admitted into evidence in a prosecution

29  under s. 794.011.  However, such evidence may be admitted if

30  it is first established to the court in a proceeding in camera

31  that such evidence may prove that the defendant was not the


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    SB 136                                         First Engrossed



  1  source of the semen, pregnancy, injury, or disease; or, when

  2  consent by the victim is at issue, such evidence may be

  3  admitted if it is first established to the court in a

  4  proceeding in camera that such evidence tends to establish a

  5  pattern of conduct or behavior on the part of the victim which

  6  is so similar to the conduct or behavior in the case that it

  7  is relevant to the issue of consent.

  8         (3)  Notwithstanding any other provision of law,

  9  reputation evidence relating to a victim's prior sexual

10  conduct or evidence presented for the purpose of showing that

11  manner of dress of the victim at the time of the offense

12  incited the sexual battery shall not be admitted into evidence

13  in a prosecution under s. 794.011.

14         (4)  When consent of the victim is a defense to

15  prosecution under s. 794.011, evidence of the victim's mental

16  incapacity or defect is admissible to prove that the consent

17  was not intelligent, knowing, or voluntary; and the court

18  shall instruct the jury accordingly.

19         (5)  An offender's use of a prophylactic device, or a

20  victim's request that an offender use a prophylactic device,

21  is not, by itself, relevant to either the issue of whether or

22  not the offense was committed or the issue of whether or not

23  the victim consented.

24         (6)  The rules of evidence provided in this section

25  apply in any civil action brought under the Florida Civil

26  Rights Act involving the perpetration or alleged perpetration

27  of a violation of s. 794.011.

28         Section 2.  Effective July 1, 2001, present paragraphs

29  (i) and (j) of subsection (1) of section 794.011, Florida

30  Statutes, are redesignated as paragraphs (j) and (k),

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    SB 136                                         First Engrossed



  1  respectively, and a new paragraph (i) is added to that

  2  subsection, to read:

  3         794.011  Sexual battery.--

  4         (1)  As used in this chapter:

  5         (i)  "Vaginal" or "vagina" refers to the internal or

  6  external parts of the sexual organ of a female.

  7         Section 3.  Effective July 1, 2001, paragraph (e) is

  8  added to subsection (1) of section 796.07, Florida Statutes,

  9  to read:

10         796.07  Prohibiting prostitution, etc.; evidence;

11  penalties; definitions.--

12         (1)  As used in this section:

13         (e)  "Vaginal" or "vagina" refers to the internal or

14  external parts of the sexual organ of a female.

15         Section 4.  Effective July 1, 2001, paragraph (e) is

16  added to subsection (1) of section 800.04, Florida Statutes,

17  to read:

18         800.04  Lewd or lascivious offenses committed upon or

19  in the presence of persons less than 16 years of age.--

20         (1)  DEFINITIONS.--As used in this section:

21         (e)  "Vaginal" or "vagina" refers to the internal or

22  external parts of the sexual organ of a female.

23         Section 5.  Effective July 1, 2001, subsection (1) of

24  section 825.1025, Florida Statutes, is amended to read:

25         825.1025  Lewd or lascivious offenses committed upon or

26  in the presence of an elderly person or disabled adult.--

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

28         (a)  "Sexual activity" means the oral, anal, or vaginal

29  penetration by, or union with, the sexual organ of another or

30  the anal or vaginal penetration of another by any other

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    SB 136                                         First Engrossed



  1  object; however, sexual activity does not include an act done

  2  for a bona fide medical purpose.

  3         (b)  "Vaginal" or "vagina" refers to the internal or

  4  external parts of the sexual organ of a female.

  5         Section 6.  Effective July 1, 2001, paragraph (j) is

  6  added to subsection (1) of section 827.071, Florida Statutes,

  7  to read:

  8         827.071  Sexual performance by a child; penalties.--

  9         (1)  As used in this section, the following definitions

10  shall apply:

11         (j)  "Vaginal" or "vagina" refers to the internal or

12  external parts of the sexual organ of a female.

13         Section 7.  Effective July 1, 2001, subsection (14) is

14  added to section 847.001, Florida Statutes, to read:

15         847.001  Definitions.--When used in this chapter:

16         (14)  "Vaginal" or "vagina" refers to the internal or

17  external parts of the sexual organ of a female.

18         Section 8.  Except as otherwise expressly provided in

19  this act, this act shall take effect upon becoming a law.

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