Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. CS for SB 526 Ì2556622Î255662 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/04/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 1Senate Amendment2 3 Delete lines 185 - 242 4 and insert: 5(c) A person commits a felony of the first degree,6punishable as provided in s. 775.082, s. 775.083, or s. 775.0847if the person is an offender 18 years of age or older who8commits lewd or lascivious battery and was previously convicted9of a violation of:101. Section 787.01(2) or s. 787.02(2) when the violation11involved a victim who was a minor and, in the course of12committing that violation, the defendant committed against the13minor a sexual battery under chapter 794 or a lewd act under14this section or s. 847.0135(5);152. Section 787.01(3)(a)2. or 3.;163. Section 787.02(3)(a)2. or 3.;174. Chapter 794, excluding s. 794.011(10);185. Section 825.1025;196. Section 847.0135(5); or207. This section.21~~(a) Engages in sexual activity with a person 12 years of~~22~~age or older but less than 16 years of age; or~~23~~(b) Encourages, forces, or entices any person less than 16~~24~~years of age to engage in sadomasochistic abuse, sexual~~25~~bestiality, prostitution, or any other act involving sexual~~26~~activity~~27 28~~commits lewd or lascivious battery, a felony of the second~~29~~degree, punishable as provided in s. 775.082, s. 775.083, or s.~~30~~775.084.~~31 (5) LEWD OR LASCIVIOUS MOLESTATION.— 32 (a) A person who intentionally touches in a lewd or 33 lascivious manner the breasts, genitals, genital area, or 34 buttocks, or the clothing covering them, of a person less than 35 16 years of age, or forces or entices a person under 16 years of 36 age to so touch the perpetrator, commits lewd or lascivious 37 molestation. 38 (b) An offender 18 years of age or older who commits lewd 39 or lascivious molestation against a victim less than 12 years of 40 age commits a life felony, punishable as provided in s. 41 775.082(3)(a)4. 42 (c)1. An offender less than 18 years of age who commits 43 lewd or lascivious molestation against a victim less than 12 44 years of age; or 45 2. An offender 18 years of age or older who commits lewd or 46 lascivious molestation against a victim 12 years of age or older 47 but less than 16 years of age 48 49 commits a felony of the second degree, punishable as provided in 50 s. 775.082, s. 775.083, or s. 775.084. 51 (d) An offender less than 18 years of age who commits lewd 52 or lascivious molestation against a victim 12 years of age or 53 older but less than 16 years of age commits a felony of the 54 third degree, punishable as provided in s. 775.082, s. 775.083, 55 or s. 775.084. 56(e) A person commits a felony of the first degree,57punishable as provided in s. 775.082, s. 775.083, or s. 775.08458if the person is 18 years of age or older and commits lewd or59lascivious molestation against a victim 12 years of age or older60but less than 16 years of age and the person was previously61convicted of a violation of:621. Section 787.01(2) or s. 787.02(2) when the violation63involved a victim who was a minor and, in the course of64committing the violation, the defendant committed against the65minor a sexual battery under chapter 794 or a lewd act under66this section or s. 847.0135(5);672. Section 787.01(3)(a)2. or 3.;683. Section 787.02(3)(a)2. or 3.;694. Chapter 794, excluding s. 794.011(10);705. Section 825.1025;716. Section 847.0135(5); or727. This section.73