Senate Bill sb0640

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    Florida Senate - 2006        (Corrected Copy)           SB 640

    By Senator Miller





    18-365B-06

  1                      A bill to be entitled

  2         An act relating to luring or enticing a child;

  3         amending s. 787.025, F.S.; defining the term

  4         "convicted"; providing that a person over the

  5         age of 18 who intentionally lures or entices,

  6         or attempts to lure or entice, a child under

  7         the age of 12 into a structure, dwelling, or

  8         conveyance for other than a lawful purpose

  9         commits a misdemeanor of the first degree;

10         providing criminal penalties; providing that a

11         person who has previously been convicted of

12         this offense and who intentionally lures or

13         entices, or attempts to lure or entice, a child

14         under the age of 12 into a structure, dwelling,

15         or conveyance for other than a lawful purpose

16         commits a felony of the third degree; providing

17         criminal penalties; amending ss. 794.0115,

18         943.0435, 944.606, 944.607, and 948.32, F.S.;

19         conforming cross-references; amending s.

20         901.15, F.S.; authorizing a law enforcement

21         officer to arrest a person without a warrant if

22         there is probable cause to believe that the

23         person is intentionally luring or enticing, or

24         attempting to lure or entice, a child under the

25         age of 12 into a structure, dwelling, or

26         conveyance for other than a lawful purpose;

27         providing an effective date.

28  

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

30  

31  

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    Florida Senate - 2006        (Corrected Copy)           SB 640
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 1         Section 1.  Section 787.025, Florida Statutes, is

 2  amended to read:

 3         787.025  Luring or enticing a child.--

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

 5         (a)  "Structure" means a building of any kind, either

 6  temporary or permanent, which has a roof over it, together

 7  with the curtilage thereof.

 8         (b)  "Dwelling" means a building or conveyance of any

 9  kind, either temporary or permanent, mobile or immobile, which

10  has a roof over it and is designed to be occupied by people

11  lodging together therein at night, together with the curtilage

12  thereof.

13         (c)  "Conveyance" means any motor vehicle, ship,

14  vessel, railroad car, trailer, aircraft, or sleeping car.

15         (d)  "Convicted" means a determination of guilt which

16  is the result of a trial or the entry of a plea of guilty or

17  nolo contendere, regardless of whether adjudication is

18  withheld.

19         (2)(a)  A person over the age of 18 who intentionally

20  lures or entices, or attempts to lure or entice, a child under

21  the age of 12 into a structure, dwelling, or conveyance for

22  other than a lawful purpose commits a misdemeanor of the first

23  degree, punishable as provided in s. 775.082 or s. 775.083.

24         (b)  A person over the age of 18 who, having been

25  previously convicted of a violation of this section, chapter

26  794, or s. 800.04, or a violation of a similar law of another

27  jurisdiction, intentionally lures or entices, or attempts to

28  lure or entice, a child under the age of 12 into a structure,

29  dwelling, or conveyance for other than a lawful purpose

30  commits a felony of the third degree, punishable as provided

31  in s. 775.082, s. 775.083, or s. 775.084.

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    Florida Senate - 2006        (Corrected Copy)           SB 640
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 1         (3)(b)  For purposes of this section, the luring or

 2  enticing, or attempted luring or enticing, of a child under

 3  the age of 12 into a structure, dwelling, or conveyance

 4  without the consent of the child's parent or legal guardian is

 5  shall be prima facie evidence of other than a lawful purpose.

 6         (4)(3)  It is an affirmative defense to a prosecution

 7  under this section that:

 8         (a)  The person reasonably believed that his or her

 9  action was necessary to prevent the child from being seriously

10  injured.

11         (b)  The person lured or enticed, or attempted to lure

12  or entice, the child under the age of 12 into a structure,

13  dwelling, or conveyance for a lawful purpose.

14         (c)  The person's actions were reasonable under the

15  circumstances and the defendant did not have any intent to

16  harm the health, safety, or welfare of the child.

17         Section 2.  Subsection (2) of section 794.0115, Florida

18  Statutes, is amended to read:

19         794.0115  Dangerous sexual felony offender; mandatory

20  sentencing.--

21         (2)  Any person who is convicted of a violation of s.

22  787.025(2)(b) s. 787.025; s. 794.011(2), (3), (4), (5), or

23  (8); s. 800.04(4) or (5); s. 825.1025(2) or (3); s.

24  827.071(2), (3), or (4); or s. 847.0145; or of any similar

25  offense under a former designation, which offense the person

26  committed when he or she was 18 years of age or older, and the

27  person:

28         (a)  Caused serious personal injury to the victim as a

29  result of the commission of the offense;

30         (b)  Used or threatened to use a deadly weapon during

31  the commission of the offense;

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 1         (c)  Victimized more than one person during the course

 2  of the criminal episode applicable to the offense;

 3         (d)  Committed the offense while under the jurisdiction

 4  of a court for a felony offense under the laws of this state,

 5  for an offense that is a felony in another jurisdiction, or

 6  for an offense that would be a felony if that offense were

 7  committed in this state; or

 8         (e)  Has previously been convicted of a violation of s.

 9  787.025(2)(b) s. 787.025; s. 794.011(2), (3), (4), (5), or

10  (8); s. 800.04(4) or (5); s. 825.1025(2) or (3); s.

11  827.071(2), (3), or (4); s. 847.0145; of any offense under a

12  former statutory designation which is similar in elements to

13  an offense described in this paragraph; or of any offense that

14  is a felony in another jurisdiction, or would be a felony if

15  that offense were committed in this state, and which is

16  similar in elements to an offense described in this paragraph,

17  

18  is a dangerous sexual felony offender, who must be sentenced

19  to a mandatory minimum term of 25 years imprisonment up to,

20  and including, life imprisonment.

21         Section 3.  Paragraph (a) of subsection (1) of section

22  943.0435, Florida Statutes, is amended to read:

23         943.0435  Sexual offenders required to register with

24  the department; penalty.--

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

26         (a)  "Sexual offender" means a person who:

27         1.  Has been convicted of committing, or attempting,

28  soliciting, or conspiring to commit, any of the criminal

29  offenses proscribed in the following statutes in this state or

30  similar offenses in another jurisdiction: s. 787.01, s.

31  787.02, or s. 787.025(2)(b) s. 787.025, where the victim is a

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    Florida Senate - 2006        (Corrected Copy)           SB 640
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 1  minor and the defendant is not the victim's parent; chapter

 2  794, excluding ss. 794.011(10) and 794.0235; s. 796.03; s.

 3  800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s.

 4  847.0137; s. 847.0138; s. 847.0145; or any similar offense

 5  committed in this state which has been redesignated from a

 6  former statute number to one of those listed in this

 7  subparagraph; and

 8         2.  Has been released on or after October 1, 1997, from

 9  the sanction imposed for any conviction of an offense

10  described in subparagraph 1. For purposes of subparagraph 1.,

11  a sanction imposed in this state or in any other jurisdiction

12  includes, but is not limited to, a fine, probation, community

13  control, parole, conditional release, control release, or

14  incarceration in a state prison, federal prison, private

15  correctional facility, or local detention facility; or

16         3.  Establishes or maintains a residence in this state

17  and who has not been designated as a sexual predator by a

18  court of this state but who has been designated as a sexual

19  predator, as a sexually violent predator, or by another sexual

20  offender designation in another state or jurisdiction and was,

21  as a result of such designation, subjected to registration or

22  community or public notification, or both, or would be if the

23  person were a resident of that state or jurisdiction; or

24         4.  Establishes or maintains a residence in this state

25  who is in the custody or control of, or under the supervision

26  of, any other state or jurisdiction as a result of a

27  conviction for committing, or attempting, soliciting, or

28  conspiring to commit, any of the criminal offenses proscribed

29  in the following statutes or similar offense in another

30  jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(b) s.

31  787.025, where the victim is a minor and the defendant is not

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    Florida Senate - 2006        (Corrected Copy)           SB 640
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 1  the victim's parent; chapter 794, excluding ss. 794.011(10)

 2  and 794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071;

 3  s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s.

 4  847.0145; or any similar offense committed in this state which

 5  has been redesignated from a former statute number to one of

 6  those listed in this subparagraph.

 7         Section 4.  Paragraph (b) of subsection (1) of section

 8  944.606, Florida Statutes, is amended to read:

 9         944.606  Sexual offenders; notification upon release.--

10         (1)  As used in this section:

11         (b)  "Sexual offender" means a person who has been

12  convicted of committing, or attempting, soliciting, or

13  conspiring to commit, any of the criminal offenses proscribed

14  in the following statutes in this state or similar offenses in

15  another jurisdiction:  s. 787.01, s. 787.02, or s.

16  787.025(2)(b) s. 787.025, where the victim is a minor and the

17  defendant is not the victim's parent; chapter 794, excluding

18  ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s.

19  825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137;

20  s. 847.0138; s. 847.0145; or any similar offense committed in

21  this state which has been redesignated from a former statute

22  number to one of those listed in this subsection, when the

23  department has received verified information regarding such

24  conviction; an offender's computerized criminal history record

25  is not, in and of itself, verified information.

26         Section 5.  Paragraph (a) of subsection (1) of section

27  944.607, Florida Statutes, is amended to read:

28         944.607  Notification to Department of Law Enforcement

29  of information on sexual offenders.--

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

31  

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 1         (a)  "Sexual offender" means a person who is in the

 2  custody or control of, or under the supervision of, the

 3  department or is in the custody of a private correctional

 4  facility:

 5         1.  On or after October 1, 1997, as a result of a

 6  conviction for committing, or attempting, soliciting, or

 7  conspiring to commit, any of the criminal offenses proscribed

 8  in the following statutes in this state or similar offenses in

 9  another jurisdiction:  s. 787.01, s. 787.02, or s.

10  787.025(2)(b) s. 787.025, where the victim is a minor and the

11  defendant is not the victim's parent; chapter 794, excluding

12  ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s.

13  825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137;

14  s. 847.0138; s. 847.0145; or any similar offense committed in

15  this state which has been redesignated from a former statute

16  number to one of those listed in this paragraph; or

17         2.  Who establishes or maintains a residence in this

18  state and who has not been designated as a sexual predator by

19  a court of this state but who has been designated as a sexual

20  predator, as a sexually violent predator, or by another sexual

21  offender designation in another state or jurisdiction and was,

22  as a result of such designation, subjected to registration or

23  community or public notification, or both, or would be if the

24  person were a resident of that state or jurisdiction.

25         Section 6.  Subsection (1) of section 948.32, Florida

26  Statutes, is amended to read:

27         948.32  Requirements of law enforcement agency upon

28  arrest of persons for certain sex offenses.--

29         (1)  When any state or local law enforcement agency

30  investigates or arrests a person for committing, or

31  attempting, soliciting, or conspiring to commit, a violation

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 1  of s. 787.025(2)(b) s. 787.025, chapter 794, s. 796.03, s.

 2  800.04, s. 827.071, s. 847.0133, s. 847.0135, or s. 847.0145,

 3  the law enforcement agency shall contact the Department of

 4  Corrections to verify whether the person under investigation

 5  or under arrest is on probation, community control, parole,

 6  conditional release, or control release.

 7         Section 7.  Subsection (8) of section 901.15, Florida

 8  Statutes, is amended to read:

 9         901.15  When arrest by officer without warrant is

10  lawful.--A law enforcement officer may arrest a person without

11  a warrant when:

12         (8)  There is probable cause to believe that the person

13  has committed child abuse, as defined in s. 827.03, or has

14  violated s. 787.025, relating to luring or enticing a child

15  for unlawful purposes. The decision to arrest does shall not

16  require consent of the victim or consideration of the

17  relationship of the parties. It is the public policy of this

18  state to protect abused children by strongly encouraging the

19  arrest and prosecution of persons who commit child abuse. A

20  law enforcement officer who acts in good faith and exercises

21  due care in making an arrest under this subsection is immune

22  from civil liability that otherwise might result by reason of

23  his or her action.

24         Section 8.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006        (Corrected Copy)           SB 640
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Provides that if a person over the age of 18
      intentionally lures or entices, or attempts to lure or
 4    entice, a child under the age of 12 into a structure,
      dwelling, or conveyance for other than a lawful purpose,
 5    the person commits a misdemeanor of the first degree.
      Provides that if a person has previously been convicted
 6    of certain specified offenses and intentionally lures or
      entices, or attempts to lure or entice, a child under the
 7    age of 12 into a structure, dwelling, or conveyance for
      other than a lawful purpose, the person commits a felony
 8    of the third degree. Authorizes a law enforcement officer
      to arrest a person without a warrant if there is probable
 9    cause to believe that the person is intentionally luring
      or enticing, or attempting to lure or entice, a child
10    under the age of 12 into a structure, dwelling, or
      conveyance for other than a lawful purpose.
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