Florida Senate - 2011                                    SB 1170
       
       
       
       By Senator Oelrich
       
       
       
       
       14-00759-11                                           20111170__
    1                        A bill to be entitled                      
    2         An act relating to lewd or lascivious offenses;
    3         amending and reenacting s. 800.04, F.S.; revising the
    4         definition of the term “sexual activity” for purposes
    5         of provisions relating to certain lewd or lascivious
    6         offenses; providing penalties; providing an effective
    7         date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (a) of subsection (1) of section
   12  800.04, Florida Statutes, is amended, and subsection (4) and
   13  paragraph (a) of subsection (7) of that section are reenacted,
   14  to read:
   15         800.04 Lewd or lascivious offenses committed upon or in the
   16  presence of persons less than 16 years of age.—
   17         (1) DEFINITIONS.—As used in this section:
   18         (a) “Sexual activity” means the oral, anal, or vaginal
   19  penetration by, or union with, the sexual organ of another or
   20  the anal or vaginal penetration of another by any other object;
   21  however, sexual activity does not include an act done for a bona
   22  fide medical purpose.
   23         (4) LEWD OR LASCIVIOUS BATTERY.—A person who:
   24         (a) Engages in sexual activity with a person 12 years of
   25  age or older but less than 16 years of age; or
   26         (b) Encourages, forces, or entices any person less than 16
   27  years of age to engage in sadomasochistic abuse, sexual
   28  bestiality, prostitution, or any other act involving sexual
   29  activity
   30  
   31  commits lewd or lascivious battery, a felony of the second
   32  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   33  775.084.
   34         (7) LEWD OR LASCIVIOUS EXHIBITION.—
   35         (a) A person who:
   36         1. Intentionally masturbates;
   37         2. Intentionally exposes the genitals in a lewd or
   38  lascivious manner; or
   39         3. Intentionally commits any other sexual act that does not
   40  involve actual physical or sexual contact with the victim,
   41  including, but not limited to, sadomasochistic abuse, sexual
   42  bestiality, or the simulation of any act involving sexual
   43  activity
   44  
   45  in the presence of a victim who is less than 16 years of age,
   46  commits lewd or lascivious exhibition.
   47         Section 2. This act shall take effect July 1, 2011.