HB 763

1
A bill to be entitled
2An act relating to luring or enticing a child; amending s.
3787.025, F.S.; defining the term "convicted"; providing
4that a person over the age of 18 who intentionally lures
5or entices, or attempts to lure or entice, a child under
6the age of 12 into a structure, dwelling, or conveyance
7for other than a lawful purpose commits a misdemeanor of
8the first degree; providing criminal penalties; providing
9that a person who has previously been convicted of this
10offense and who intentionally lures or entices, or
11attempts to lure or entice, a child under the age of 12
12into a structure, dwelling, or conveyance for other than a
13lawful purpose commits a felony of the third degree;
14providing criminal penalties; amending ss. 794.0115,
15943.0435, 944.606, 944.607, and 948.32, F.S.; conforming
16cross-references; amending s. 901.15, F.S.; authorizing a
17law enforcement officer to arrest a person without a
18warrant if there is probable cause to believe that the
19person is intentionally luring or enticing, or attempting
20to lure or entice, a child under the age of 12 into a
21structure, dwelling, or conveyance for other than a lawful
22purpose; providing an effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Section 787.025, Florida Statutes, is amended
27to 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
31temporary or permanent, which has a roof over it, together with
32the curtilage thereof.
33     (b)  "Dwelling" means a building or conveyance of any kind,
34either temporary or permanent, mobile or immobile, which has a
35roof over it and is designed to be occupied by people lodging
36together therein at night, together with the curtilage thereof.
37     (c)  "Conveyance" means any motor vehicle, ship, vessel,
38railroad car, trailer, aircraft, or sleeping car.
39     (d)  "Convicted" means a determination of guilt which is
40the result of a trial or the entry of a plea of guilty or nolo
41contendere, regardless of whether adjudication is withheld.
42     (2)(a)  A person over the age of 18 who intentionally lures
43or entices, or attempts to lure or entice, a child under the age
44of 12 into a structure, dwelling, or conveyance for other than a
45lawful purpose commits a misdemeanor of the first degree,
46punishable as provided in s. 775.082 or s. 775.083.
47     (b)  A person over the age of 18 who, having been
48previously convicted of a violation of this section, chapter
49794, or s. 800.04, or a violation of a similar law of another
50jurisdiction, intentionally lures or entices, or attempts to
51lure or entice, a child under the age of 12 into a structure,
52dwelling, or conveyance for other than a lawful purpose commits
53a felony of the third degree, punishable as provided in s.
54775.082, s. 775.083, or s. 775.084.
55     (3)(b)  For purposes of this section, the luring or
56enticing, or attempted luring or enticing, of a child under the
57age of 12 into a structure, dwelling, or conveyance without the
58consent of the child's parent or legal guardian is shall be
59prima facie evidence of other than a lawful purpose.
60     (4)(3)  It is an affirmative defense to a prosecution under
61this section that:
62     (a)  The person reasonably believed that his or her action
63was necessary to prevent the child from being seriously injured.
64     (b)  The person lured or enticed, or attempted to lure or
65entice, the child under the age of 12 into a structure,
66dwelling, or conveyance for a lawful purpose.
67     (c)  The person's actions were reasonable under the
68circumstances and the defendant did not have any intent to harm
69the health, safety, or welfare of the child.
70     Section 2.  Subsection (2) of section 794.0115, Florida
71Statutes, is amended to read:
72     794.0115  Dangerous sexual felony offender; mandatory
73sentencing.--
74     (2)  Any person who is convicted of a violation of s.
75787.025(2)(b) s. 787.025; s. 794.011(2), (3), (4), (5), or (8);
76s. 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3),
77or (4); or s. 847.0145; or of any similar offense under a former
78designation, which offense the person committed when he or she
79was 18 years of age or older, and the person:
80     (a)  Caused serious personal injury to the victim as a
81result of the commission of the offense;
82     (b)  Used or threatened to use a deadly weapon during the
83commission of the offense;
84     (c)  Victimized more than one person during the course of
85the criminal episode applicable to the offense;
86     (d)  Committed the offense while under the jurisdiction of
87a court for a felony offense under the laws of this state, for
88an offense that is a felony in another jurisdiction, or for an
89offense that would be a felony if that offense were committed in
90this state; or
91     (e)  Has previously been convicted of a violation of s.
92787.025(2)(b) s. 787.025; s. 794.011(2), (3), (4), (5), or (8);
93s. 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3),
94or (4); s. 847.0145; of any offense under a former statutory
95designation which is similar in elements to an offense described
96in this paragraph; or of any offense that is a felony in another
97jurisdiction, or would be a felony if that offense were
98committed in this state, and which is similar in elements to an
99offense described in this paragraph,
100
101is a dangerous sexual felony offender, who must be sentenced to
102a mandatory minimum term of 25 years imprisonment up to, and
103including, life imprisonment.
104     Section 3.  Paragraph (a) of subsection (1) of section
105943.0435, Florida Statutes, is amended to read:
106     943.0435  Sexual offenders required to register with the
107department; 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,
111soliciting, or conspiring to commit, any of the criminal
112offenses proscribed in the following statutes in this state or
113similar offenses in another jurisdiction: s. 787.01, s. 787.02,
114or s. 787.025(2)(b) s. 787.025, where the victim is a minor and
115the defendant is not the victim's parent; chapter 794, excluding
116ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s. 825.1025;
117s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138;
118s. 847.0145; or any similar offense committed in this state
119which has been redesignated from a former statute number to one
120of those listed in this subparagraph; and
121     2.  Has been released on or after October 1, 1997, from the
122sanction imposed for any conviction of an offense described in
123subparagraph 1. For purposes of subparagraph 1., a sanction
124imposed in this state or in any other jurisdiction includes, but
125is not limited to, a fine, probation, community control, parole,
126conditional release, control release, or incarceration in a
127state prison, federal prison, private correctional facility, or
128local detention facility; or
129     3.  Establishes or maintains a residence in this state and
130who has not been designated as a sexual predator by a court of
131this state but who has been designated as a sexual predator, as
132a sexually violent predator, or by another sexual offender
133designation in another state or jurisdiction and was, as a
134result of such designation, subjected to registration or
135community or public notification, or both, or would be if the
136person were a resident of that state or jurisdiction; or
137     4.  Establishes or maintains a residence in this state who
138is in the custody or control of, or under the supervision of,
139any other state or jurisdiction as a result of a conviction for
140committing, or attempting, soliciting, or conspiring to commit,
141any of the criminal offenses proscribed in the following
142statutes or similar offense in another jurisdiction: s. 787.01,
143s. 787.02, or s. 787.025(2)(b) s. 787.025, where the victim is a
144minor and the defendant is not the victim's parent; chapter 794,
145excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s.
146825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s.
147847.0138; s. 847.0145; or any similar offense committed in this
148state which has been redesignated from a former statute number
149to one of those listed in this subparagraph.
150     Section 4.  Paragraph (b) of subsection (1) of section
151944.606, 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
155convicted of committing, or attempting, soliciting, or
156conspiring to commit, any of the criminal offenses proscribed in
157the following statutes in this state or similar offenses in
158another jurisdiction:  s. 787.01, s. 787.02, or s. 787.025(2)(b)
159s. 787.025, where the victim is a minor and the defendant is not
160the victim's parent; chapter 794, excluding ss. 794.011(10) and
161794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.
162847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or
163any similar offense committed in this state which has been
164redesignated from a former statute number to one of those listed
165in this subsection, when the department has received verified
166information regarding such conviction; an offender's
167computerized criminal history record is not, in and of itself,
168verified information.
169     Section 5.  Paragraph (a) of subsection (1) of section
170944.607, Florida Statutes, is amended to read:
171     944.607  Notification to Department of Law Enforcement of
172information on sexual offenders.--
173     (1)  As used in this section, the term:
174     (a)  "Sexual offender" means a person who is in the custody
175or control of, or under the supervision of, the department or is
176in the custody of a private correctional facility:
177     1.  On or after October 1, 1997, as a result of a
178conviction for committing, or attempting, soliciting, or
179conspiring to commit, any of the criminal offenses proscribed in
180the following statutes in this state or similar offenses in
181another jurisdiction:  s. 787.01, s. 787.02, or s. 787.025(2)(b)
182s. 787.025, where the victim is a minor and the defendant is not
183the victim's parent; chapter 794, excluding ss. 794.011(10) and
184794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.
185847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or
186any similar offense committed in this state which has been
187redesignated from a former statute number to one of those listed
188in this paragraph; or
189     2.  Who establishes or maintains a residence in this state
190and who has not been designated as a sexual predator by a court
191of this state but who has been designated as a sexual predator,
192as a sexually violent predator, or by another sexual offender
193designation in another state or jurisdiction and was, as a
194result of such designation, subjected to registration or
195community or public notification, or both, or would be if the
196person were a resident of that state or jurisdiction.
197     Section 6.  Subsection (1) of section 948.32, Florida
198Statutes, is amended to read:
199     948.32  Requirements of law enforcement agency upon arrest
200of persons for certain sex offenses.--
201     (1)  When any state or local law enforcement agency
202investigates or arrests a person for committing, or attempting,
203soliciting, or conspiring to commit, a violation of s.
204787.025(2)(b) s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
205827.071, s. 847.0133, s. 847.0135, or s. 847.0145, the law
206enforcement agency shall contact the Department of Corrections
207to verify whether the person under investigation or under arrest
208is on probation, community control, parole, conditional release,
209or control release.
210     Section 7.  Subsection (8) of section 901.15, Florida
211Statutes, is amended to read:
212     901.15  When arrest by officer without warrant is
213lawful.--A law enforcement officer may arrest a person without a
214warrant when:
215     (8)  There is probable cause to believe that the person has
216committed child abuse, as defined in s. 827.03, or has violated
217s. 787.025, relating to luring or enticing a child for unlawful
218purposes. The decision to arrest does shall not require consent
219of the victim or consideration of the relationship of the
220parties. It is the public policy of this state to protect abused
221children by strongly encouraging the arrest and prosecution of
222persons who commit child abuse. A law enforcement officer who
223acts in good faith and exercises due care in making an arrest
224under this subsection is immune from civil liability that
225otherwise might result by reason of his or her action.
226     Section 8.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.