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