1 | A bill to be entitled |
2 | An act relating to luring or enticing a child; amending s. |
3 | 787.025, F.S.; defining the term "convicted"; providing |
4 | that a person over the age of 18 who intentionally lures |
5 | or entices, or attempts to lure or entice, a child under |
6 | the age of 12 into a structure, dwelling, or conveyance |
7 | for other than a lawful purpose commits a misdemeanor of |
8 | the first degree; providing criminal penalties; providing |
9 | that a person who has previously been convicted of this |
10 | offense and who intentionally lures or entices, or |
11 | attempts to lure or entice, a child under the age of 12 |
12 | into a structure, dwelling, or conveyance for other than a |
13 | lawful purpose commits a felony of the third degree; |
14 | providing criminal penalties; amending ss. 794.0115, |
15 | 943.0435, 944.606, 944.607, and 948.32, F.S.; conforming |
16 | cross-references; amending s. 901.15, F.S.; authorizing a |
17 | law enforcement officer to arrest a person without a |
18 | warrant if there is probable cause to believe that the |
19 | person is intentionally luring or enticing, or attempting |
20 | to lure or entice, a child under the age of 12 into a |
21 | structure, dwelling, or conveyance for other than a lawful |
22 | purpose; providing an effective date. |
23 |
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24 | Be It Enacted by the Legislature of the State of Florida: |
25 |
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26 | Section 1. Section 787.025, Florida Statutes, is amended |
27 | to read: |
28 | 787.025 Luring or enticing a child.-- |
29 | (1) As used in this section, the term: |
30 | (a) "Structure" means a building of any kind, either |
31 | temporary or permanent, which has a roof over it, together with |
32 | the curtilage thereof. |
33 | (b) "Dwelling" means a building or conveyance of any kind, |
34 | either temporary or permanent, mobile or immobile, which has a |
35 | roof over it and is designed to be occupied by people lodging |
36 | together therein at night, together with the curtilage thereof. |
37 | (c) "Conveyance" means any motor vehicle, ship, vessel, |
38 | railroad car, trailer, aircraft, or sleeping car. |
39 | (d) "Convicted" means a determination of guilt which is |
40 | the result of a trial or the entry of a plea of guilty or nolo |
41 | contendere, regardless of whether adjudication is withheld. |
42 | (2)(a) A person over the age of 18 who intentionally lures |
43 | or entices, or attempts to lure or entice, a child under the age |
44 | of 12 into a structure, dwelling, or conveyance for other than a |
45 | lawful purpose commits a misdemeanor of the first degree, |
46 | punishable as provided in s. 775.082 or s. 775.083. |
47 | (b) A person over the age of 18 who, having been |
48 | previously convicted of a violation of this section, chapter |
49 | 794, or s. 800.04, or a violation of a similar law of another |
50 | jurisdiction, intentionally lures or entices, or attempts to |
51 | lure or entice, a child under the age of 12 into a structure, |
52 | dwelling, or conveyance for other than a lawful purpose commits |
53 | a felony of the third degree, punishable as provided in s. |
54 | 775.082, s. 775.083, or s. 775.084. |
55 | (3)(b) For purposes of this section, the luring or |
56 | enticing, or attempted luring or enticing, of a child under the |
57 | age of 12 into a structure, dwelling, or conveyance without the |
58 | consent of the child's parent or legal guardian is shall be |
59 | prima facie evidence of other than a lawful purpose. |
60 | (4)(3) It is an affirmative defense to a prosecution under |
61 | this section that: |
62 | (a) The person reasonably believed that his or her action |
63 | was necessary to prevent the child from being seriously injured. |
64 | (b) The person lured or enticed, or attempted to lure or |
65 | entice, the child under the age of 12 into a structure, |
66 | dwelling, or conveyance for a lawful purpose. |
67 | (c) The person's actions were reasonable under the |
68 | circumstances and the defendant did not have any intent to harm |
69 | the health, safety, or welfare of the child. |
70 | Section 2. Subsection (2) of section 794.0115, Florida |
71 | Statutes, is amended to read: |
72 | 794.0115 Dangerous sexual felony offender; mandatory |
73 | sentencing.-- |
74 | (2) Any person who is convicted of a violation of s. |
75 | 787.025(2)(b) s. 787.025; s. 794.011(2), (3), (4), (5), or (8); |
76 | s. 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), |
77 | or (4); or s. 847.0145; or of any similar offense under a former |
78 | designation, which offense the person committed when he or she |
79 | was 18 years of age or older, and the person: |
80 | (a) Caused serious personal injury to the victim as a |
81 | result of the commission of the offense; |
82 | (b) Used or threatened to use a deadly weapon during the |
83 | commission of the offense; |
84 | (c) Victimized more than one person during the course of |
85 | the criminal episode applicable to the offense; |
86 | (d) Committed the offense while under the jurisdiction of |
87 | a court for a felony offense under the laws of this state, for |
88 | an offense that is a felony in another jurisdiction, or for an |
89 | offense that would be a felony if that offense were committed in |
90 | this state; or |
91 | (e) Has previously been convicted of a violation of s. |
92 | 787.025(2)(b) s. 787.025; s. 794.011(2), (3), (4), (5), or (8); |
93 | s. 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), |
94 | or (4); s. 847.0145; of any offense under a former statutory |
95 | designation which is similar in elements to an offense described |
96 | in this paragraph; or of any offense that is a felony in another |
97 | jurisdiction, or would be a felony if that offense were |
98 | committed in this state, and which is similar in elements to an |
99 | offense described in this paragraph, |
100 |
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101 | is a dangerous sexual felony offender, who must be sentenced to |
102 | a mandatory minimum term of 25 years imprisonment up to, and |
103 | including, life imprisonment. |
104 | Section 3. Paragraph (a) of subsection (1) of section |
105 | 943.0435, Florida Statutes, is amended to read: |
106 | 943.0435 Sexual offenders required to register with the |
107 | department; penalty.-- |
108 | (1) As used in this section, the term: |
109 | (a) "Sexual offender" means a person who: |
110 | 1. Has been convicted of committing, or attempting, |
111 | soliciting, or conspiring to commit, any of the criminal |
112 | offenses proscribed in the following statutes in this state or |
113 | similar offenses in another jurisdiction: s. 787.01, s. 787.02, |
114 | or s. 787.025(2)(b) s. 787.025, where the victim is a minor and |
115 | the defendant is not the victim's parent; chapter 794, excluding |
116 | ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s. 825.1025; |
117 | s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; |
118 | s. 847.0145; or any similar offense committed in this state |
119 | which has been redesignated from a former statute number to one |
120 | of those listed in this subparagraph; and |
121 | 2. Has been released on or after October 1, 1997, from the |
122 | sanction imposed for any conviction of an offense described in |
123 | subparagraph 1. For purposes of subparagraph 1., a sanction |
124 | imposed in this state or in any other jurisdiction includes, but |
125 | is not limited to, a fine, probation, community control, parole, |
126 | conditional release, control release, or incarceration in a |
127 | state prison, federal prison, private correctional facility, or |
128 | local detention facility; or |
129 | 3. Establishes or maintains a residence in this state and |
130 | who has not been designated as a sexual predator by a court of |
131 | this state but who has been designated as a sexual predator, as |
132 | a sexually violent predator, or by another sexual offender |
133 | designation in another state or jurisdiction and was, as a |
134 | result of such designation, subjected to registration or |
135 | community or public notification, or both, or would be if the |
136 | person were a resident of that state or jurisdiction; or |
137 | 4. Establishes or maintains a residence in this state who |
138 | is in the custody or control of, or under the supervision of, |
139 | any other state or jurisdiction as a result of a conviction for |
140 | committing, or attempting, soliciting, or conspiring to commit, |
141 | any of the criminal offenses proscribed in the following |
142 | statutes or similar offense in another jurisdiction: s. 787.01, |
143 | s. 787.02, or s. 787.025(2)(b) s. 787.025, where the victim is a |
144 | minor and the defendant is not the victim's parent; chapter 794, |
145 | excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s. |
146 | 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. |
147 | 847.0138; s. 847.0145; or any similar offense committed in this |
148 | state which has been redesignated from a former statute number |
149 | to one of those listed in this subparagraph. |
150 | Section 4. Paragraph (b) of subsection (1) of section |
151 | 944.606, Florida Statutes, is amended to read: |
152 | 944.606 Sexual offenders; notification upon release.-- |
153 | (1) As used in this section: |
154 | (b) "Sexual offender" means a person who has been |
155 | convicted of committing, or attempting, soliciting, or |
156 | conspiring to commit, any of the criminal offenses proscribed in |
157 | the following statutes in this state or similar offenses in |
158 | another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(b) |
159 | s. 787.025, where the victim is a minor and the defendant is not |
160 | the victim's parent; chapter 794, excluding ss. 794.011(10) and |
161 | 794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s. |
162 | 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or |
163 | any similar offense committed in this state which has been |
164 | redesignated from a former statute number to one of those listed |
165 | in this subsection, when the department has received verified |
166 | information regarding such conviction; an offender's |
167 | computerized criminal history record is not, in and of itself, |
168 | verified information. |
169 | Section 5. Paragraph (a) of subsection (1) of section |
170 | 944.607, Florida Statutes, is amended to read: |
171 | 944.607 Notification to Department of Law Enforcement of |
172 | information on sexual offenders.-- |
173 | (1) As used in this section, the term: |
174 | (a) "Sexual offender" means a person who is in the custody |
175 | or control of, or under the supervision of, the department or is |
176 | in the custody of a private correctional facility: |
177 | 1. On or after October 1, 1997, as a result of a |
178 | conviction for committing, or attempting, soliciting, or |
179 | conspiring to commit, any of the criminal offenses proscribed in |
180 | the following statutes in this state or similar offenses in |
181 | another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(b) |
182 | s. 787.025, where the victim is a minor and the defendant is not |
183 | the victim's parent; chapter 794, excluding ss. 794.011(10) and |
184 | 794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s. |
185 | 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or |
186 | any similar offense committed in this state which has been |
187 | redesignated from a former statute number to one of those listed |
188 | in this paragraph; or |
189 | 2. Who establishes or maintains a residence in this state |
190 | and who has not been designated as a sexual predator by a court |
191 | of this state but who has been designated as a sexual predator, |
192 | as a sexually violent predator, or by another sexual offender |
193 | designation in another state or jurisdiction and was, as a |
194 | result of such designation, subjected to registration or |
195 | community or public notification, or both, or would be if the |
196 | person were a resident of that state or jurisdiction. |
197 | Section 6. Subsection (1) of section 948.32, Florida |
198 | Statutes, is amended to read: |
199 | 948.32 Requirements of law enforcement agency upon arrest |
200 | of persons for certain sex offenses.-- |
201 | (1) When any state or local law enforcement agency |
202 | investigates or arrests a person for committing, or attempting, |
203 | soliciting, or conspiring to commit, a violation of s. |
204 | 787.025(2)(b) s. 787.025, chapter 794, s. 796.03, s. 800.04, s. |
205 | 827.071, s. 847.0133, s. 847.0135, or s. 847.0145, the law |
206 | enforcement agency shall contact the Department of Corrections |
207 | to verify whether the person under investigation or under arrest |
208 | is on probation, community control, parole, conditional release, |
209 | or control release. |
210 | Section 7. Subsection (8) of section 901.15, Florida |
211 | Statutes, is amended to read: |
212 | 901.15 When arrest by officer without warrant is |
213 | lawful.--A law enforcement officer may arrest a person without a |
214 | warrant when: |
215 | (8) There is probable cause to believe that the person has |
216 | committed child abuse, as defined in s. 827.03, or has violated |
217 | s. 787.025, relating to luring or enticing a child for unlawful |
218 | purposes. The decision to arrest does shall not require consent |
219 | of the victim or consideration of the relationship of the |
220 | parties. It is the public policy of this state to protect abused |
221 | children by strongly encouraging the arrest and prosecution of |
222 | persons who commit child abuse. A law enforcement officer who |
223 | acts in good faith and exercises due care in making an arrest |
224 | under this subsection is immune from civil liability that |
225 | otherwise might result by reason of his or her action. |
226 | Section 8. This act shall take effect July 1, 2006. |