HB 1475

1	A bill to be entitled
2	An act relating to lewd or lascivious exhibition; amending
3	s. 800.04, F.S.; deletes the requirements that victims of
4	specified offenses be less than 16 years of age; revises
5	age requirements for the offender classification for
6	specified offenses; amending s. 901.15, F.S.; permitting
7	arrests without warrants for specified lewd and lascivious
8	offenses; amending s. 921.0022, F.S.; conforming the
9	offense severity ranking chart of the Criminal Punishment
10	Code; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Subsection (7) of section 800.04, Florida
15	Statutes, is amended to read:
16	800.04  Lewd or lascivious offenses committed upon or in
17	the presence of persons less than 16 years of age.--
18	(7)  LEWD OR LASCIVIOUS EXHIBITION.--
19	(a)  A person who:
20	1.  Intentionally masturbates;
21	2.  Intentionally exposes the genitals in a lewd or
22	lascivious manner; or
23	3.  Intentionally commits any other sexual act that does
24	not involve actual physical or sexual contact with the victim,
25	including, but not limited to, sadomasochistic abuse, sexual
26	bestiality, or the simulation of any act involving sexual
27	activity
28
29	in the presence of a victim who is less than 16 years of age,
30	commits lewd or lascivious exhibition.
31	(b)  A person who:
32	1.  Intentionally masturbates;
33	2.  Intentionally exposes the genitals in a lewd or
34	lascivious manner; or
35	3.  Intentionally commits any other sexual act that does
36	not involve actual physical or sexual contact with the victim,
37	including, but not limited to, sadomasochistic abuse, sexual
38	bestiality, or the simulation of any act involving sexual
39	activity
40
41	live over a computer on-line service, Internet service, or local
42	bulletin board service and who knows or should know or has
43	reason to believe that the transmission is viewed on a computer
44	or television monitor by a victim in this state who is less than
45	16 years of age, commits lewd or lascivious exhibition. The fact
46	that an undercover operative or law enforcement officer was
47	involved in the detection and investigation of an offense under
48	this paragraph shall not constitute a defense to a prosecution
49	under this paragraph.
50	(c)  An offender 16 18 years of age or older who commits a
51	lewd or lascivious exhibition commits a felony of the second
52	degree, punishable as provided in s. 775.082, s. 775.083, or s.
53	775.084.
54	(d)  An offender less than 16 18 years of age who commits a
55	lewd or lascivious exhibition commits a felony of the third
56	degree, punishable as provided in s. 775.082, s. 775.083, or s.
57	775.084.
58	Section 2.  Subsection (16) is added to section 901.15,
59	Florida Statutes, to read:
60	901.15  When arrest by officer without warrant is
61	lawful.--A law enforcement officer may arrest a person without a
62	warrant when:
63	(16)  There is probable cause to believe that the person
64	has committed an act that violates s. 800.04(7).
65	Section 3.  Paragraphs (d) and (e) of subsection (3) of
66	section 921.0022, Florida Statutes, are amended to read:
67	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute FelonyDegree Description
68
	(d)  LEVEL 4
69
	316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
70
	499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
71
	499.0051(2) 3rd Failure to authenticate pedigree papers.
72
	499.0051(6) 2nd Sale or delivery, or possession with intent to sell, contraband legend drugs.
73
	784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
74
	784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
75
	784.075 3rd Battery on detention or commitment facility staff.
76
	784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
77
	784.08(2)(c) 3rd Battery on a person 65 years of age or older.
78
	784.081(3) 3rd Battery on specified official or employee.
79
	784.082(3) 3rd Battery by detained person on visitor or other detainee.
80
	784.083(3) 3rd Battery on code inspector.
81
	784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
82
	787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
83
	787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
84
	787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
85
	790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
86
	790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
87
	790.115(2)(c) 3rd Possessing firearm on school property.
88
	800.04(7)(d) 3rd Lewd or lascivious exhibition; offender less than 16 18 years.
89
	810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
90
	810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
91
	810.06 3rd Burglary; possession of tools.
92
	810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
93
	812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
94
	812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
95
	812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
96
	817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
97
	817.568(2)(a) 3rd Fraudulent use of personal identification information.
98
	817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
99
	828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
100
	837.02(1) 3rd Perjury in official proceedings.
101
	837.021(1) 3rd Make contradictory statements in official proceedings.
102
	838.022 3rd Official misconduct.
103
	839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
104
	839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
105
	843.021 3rd Possession of a concealed handcuff key by a person in custody.
106
	843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
107
	843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
108
	874.05(1) 3rd Encouraging or recruiting another to join a criminal street gang.
109
	893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
110
	914.14(2) 3rd Witnesses accepting bribes.
111
	914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
112
	914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
113
	918.12 3rd Tampering with jurors.
114
	934.215 3rd Use of two-way communications device to facilitate commission of a crime.
115
	(e)  LEVEL 5
116
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
117
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
118
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
119
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
120
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
121
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
122
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
123
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
124
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
125
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
126
	790.01(2) 3rd Carrying a concealed firearm.
127
	790.162 2nd Threat to throw or discharge destructive device.
128
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
129
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
130
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
131
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
132
	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 16 18 years or older.
133
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
134
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
135
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
136
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
137
	812.131(2)(b) 3rd Robbery by sudden snatching.
138
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
139
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
140
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
141
	817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
142
	817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
143
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
144
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
145
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
146
	827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
147
	839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
148
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
149
	847.0137(2) & (3) 3rd Transmission of pornography by electronic device or equipment.
150
	847.0138(2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
151
	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
152
	893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
153
	893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
154
	893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
155
	893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
156
	893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
157
	893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
158
159	Section 4.  This act shall take effect October 1, 2007.

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