Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 526
       
       
       
       
       
       
                                Ì599744OÎ599744                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/13/2014           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 53 - 226
    4  and insert:
    5         (d) If a person who has previously been convicted of a
    6  violation of s. 787.01(2) or s. 787.02(2), if the violation
    7  involved a victim who was a minor and, in the course of
    8  committing that violation, the defendant committed a sexual
    9  battery under chapter 794 or a lewd act under s. 800.04 or s.
   10  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
   11  787.02(3)(a)2. or 3.; s. 800.04; s. 825.1025; s. 847.0135(5); or
   12  this chapter, excluding subsection (10) of this section, commits
   13  sexual battery upon a person 12 years of age or older without
   14  that person’s consent, under any of the circumstances listed in
   15  paragraph (e), such person commits a felony of the first degree,
   16  punishable by a term of years not exceeding life or as provided
   17  in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
   18         (e)The following circumstances apply to paragraphs (a)
   19  (d):
   20         1.(a)When The victim is physically helpless to resist.
   21         2.(b)When The offender coerces the victim to submit by
   22  threatening to use force or violence likely to cause serious
   23  personal injury on the victim, and the victim reasonably
   24  believes that the offender has the present ability to execute
   25  the threat.
   26         3.(c)When The offender coerces the victim to submit by
   27  threatening to retaliate against the victim, or any other
   28  person, and the victim reasonably believes that the offender has
   29  the ability to execute the threat in the future.
   30         4.(d)When The offender, without the prior knowledge or
   31  consent of the victim, administers or has knowledge of someone
   32  else administering to the victim any narcotic, anesthetic, or
   33  other intoxicating substance that which mentally or physically
   34  incapacitates the victim.
   35         5.(e)When The victim is mentally defective, and the
   36  offender has reason to believe this or has actual knowledge of
   37  this fact.
   38         6.(f)When The victim is physically incapacitated.
   39         7.(g)When The offender is a law enforcement officer,
   40  correctional officer, or correctional probation officer as
   41  defined in by s. 943.10(1), (2), (3), (6), (7), (8), or (9), who
   42  is certified under the provisions of s. 943.1395 or is an
   43  elected official exempt from such certification by virtue of s.
   44  943.253, or any other person in a position of control or
   45  authority in a probation, community control, controlled release,
   46  detention, custodial, or similar setting, and such officer,
   47  official, or person is acting in such a manner as to lead the
   48  victim to reasonably believe that the offender is in a position
   49  of control or authority as an agent or employee of government.
   50         (5)(a) A person 18 years of age or older who commits sexual
   51  battery upon a person 12 years of age or older but younger than
   52  18 years of age, without that person’s consent, and in the
   53  process thereof does not use physical force and violence likely
   54  to cause serious personal injury commits a felony of the first
   55  second degree, punishable as provided in s. 775.082, s. 775.083,
   56  s. 775.084, or s. 794.0115.
   57         (b) A person 18 years of age or older who commits sexual
   58  battery upon a person 18 years of age or older, without that
   59  person’s consent, and in the process does not use physical force
   60  and violence likely to cause serious personal injury commits a
   61  felony of the second degree, punishable as provided in s.
   62  775.082, s. 775.083, s. 775.084, or s. 794.0115.
   63         (c) A person younger than 18 years of age who commits
   64  sexual battery upon a person 12 years of age or older, without
   65  that person’s consent, and in the process does not use physical
   66  force and violence likely to cause serious personal injury
   67  commits a felony of the second degree, punishable as provided in
   68  s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
   69         (d)If a person who has previously been convicted of a
   70  violation of s. 787.01(2) or s. 787.02(2), if the violation
   71  involved a victim who was a minor and, in the course of
   72  committing that violation, the defendant committed a sexual
   73  battery under chapter 794 or a lewd act under s. 800.04 or s.
   74  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
   75  787.02(3)(a)2. or 3.; s. 800.04; s. 825.1025; s. 847.0135(5); or
   76  this chapter, excluding subsection (10) of this section, commits
   77  sexual battery upon a person 12 years of age or older, without
   78  that person’s consent, and in the process does not use physical
   79  force and violence likely to cause serious personal injury, such
   80  person commits a felony of the first degree, punishable as
   81  provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
   82         (6)(a) The offenses offense described in paragraphs (5)(a)
   83  (c) are subsection (5)is included in any sexual battery offense
   84  charged under subsection (3) or subsection (4).
   85         (b) The offense described in paragraph (5)(a) is included
   86  in an offense charged under paragraph (4)(a).
   87         (c) The offense described in paragraph (5)(b) is included
   88  in an offense charged under paragraph (4)(b).
   89         (d) The offense described in paragraph (5)(c) is included
   90  in an offense charged under paragraph (4)(c).
   91         (e) The offense described in paragraph (5)(d) is included
   92  in an offense charged under paragraph (4)(d).
   93         (8) Without regard to the willingness or consent of the
   94  victim, which is not a defense to prosecution under this
   95  subsection, a person who is in a position of familial or
   96  custodial authority to a person less than 18 years of age and
   97  who:
   98         (b) Engages in any act with that person while the person is
   99  12 years of age or older but younger less than 18 years of age
  100  which constitutes sexual battery under paragraph (1)(h) commits
  101  a felony of the first degree, punishable by a term of years not
  102  exceeding life or as provided in s. 775.082, s. 775.083, or s.
  103  775.084.
  104         (9) For prosecution under paragraph (4)(a), paragraph
  105  (4)(b), paragraph (4)(c), or paragraph (4)(d) which involves an
  106  offense committed under any of the circumstances listed in
  107  subparagraph (4)(e)7. paragraph (4)(g), acquiescence to a person
  108  reasonably believed by the victim to be in a position of
  109  authority or control does not constitute consent, and it is not
  110  a defense that the perpetrator was not actually in a position of
  111  control or authority if the circumstances were such as to lead
  112  the victim to reasonably believe that the person was in such a
  113  position.
  114         (10) A Any person who falsely accuses a any person listed
  115  in subparagraph (4)(e)7. paragraph (4)(g) or other person in a
  116  position of control or authority as an agent or employee of
  117  government of violating paragraph (4)(a), paragraph (4)(b),
  118  paragraph (4)(c), or paragraph (4)(d) commits (4)(g) is guilty
  119  of a felony of the third degree, punishable as provided in s.
  120  775.082, s. 775.083, or s. 775.084.
  121         Section 2. Subsections (4) and (5) of section 800.04,
  122  Florida Statutes, are amended to read:
  123         800.04 Lewd or lascivious offenses committed upon or in the
  124  presence of persons less than 16 years of age.—
  125         (4) LEWD OR LASCIVIOUS BATTERY.—A person who:
  126         (a)A person commits lewd or lascivious battery by:
  127         1. Engaging in sexual activity with a person 12 years of
  128  age or older but less than 16 years of age; or
  129         2.Encouraging, forcing, or enticing any person less than
  130  16 years of age to engage in sadomasochistic abuse, sexual
  131  bestiality, prostitution, or any other act involving sexual
  132  activity.
  133         (b) Except as provided in paragraph (c), an offender who
  134  commits lewd or lascivious battery commits a felony of the
  135  second degree, punishable as provided in s. 775.082, s. 775.083,
  136  or s. 775.084.
  137         (c) An offender 18 years of age or older who commits lewd
  138  or lascivious battery commits a felony of the first degree,
  139  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  140  if the offender has previously been convicted of a violation of
  141  this section or a violation of s. 787.01(2) or s. 787.02(2), if
  142  the violation involved a victim who was a minor and, in the
  143  course of committing that violation, the defendant committed a
  144  sexual battery under chapter 794 or a lewd act under s. 800.04
  145  or s. 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
  146  787.02(3)(a)2. or 3.; chapter 794, excluding s. 794.011(10); s.
  147  800.04; s. 825.1025; or s. 847.0135(5).
  148         (a) Engages in sexual activity with a person 12 years of
  149  age or older but less than 16 years of age; or
  150         (b) Encourages, forces, or entices any person less than 16
  151  years of age to engage in sadomasochistic abuse, sexual
  152  bestiality, prostitution, or any other act involving sexual
  153  activity
  154  
  155  commits lewd or lascivious battery, a felony of the second
  156  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  157  775.084.
  158         (5) LEWD OR LASCIVIOUS MOLESTATION.—
  159         (a) A person who intentionally touches in a lewd or
  160  lascivious manner the breasts, genitals, genital area, or
  161  buttocks, or the clothing covering them, of a person less than
  162  16 years of age, or forces or entices a person under 16 years of
  163  age to so touch the perpetrator, commits lewd or lascivious
  164  molestation.
  165         (b) An offender 18 years of age or older who commits lewd
  166  or lascivious molestation against a victim less than 12 years of
  167  age commits a life felony, punishable as provided in s.
  168  775.082(3)(a)4.
  169         (c)1. An offender less than 18 years of age who commits
  170  lewd or lascivious molestation against a victim less than 12
  171  years of age; or
  172         2. An offender 18 years of age or older who commits lewd or
  173  lascivious molestation against a victim 12 years of age or older
  174  but less than 16 years of age
  175  
  176  commits a felony of the second degree, punishable as provided in
  177  s. 775.082, s. 775.083, or s. 775.084.
  178         (d) An offender less than 18 years of age who commits lewd
  179  or lascivious molestation against a victim 12 years of age or
  180  older but less than 16 years of age commits a felony of the
  181  third degree, punishable as provided in s. 775.082, s. 775.083,
  182  or s. 775.084.
  183         (e) An offender 18 years of age or older who commits lewd
  184  or lascivious molestation against a victim 12 years of age or
  185  older but less than 16 years of age commits a felony of the
  186  first degree, punishable as provided in s. 775.082, s. 775.083,
  187  or s. 775.084, if the offender has previously been convicted of
  188  a violation of this section or a violation of s. 787.01(2) or s.
  189  787.02(2), if the violation involved a victim who was a minor
  190  and, in the course of committing that violation, the defendant
  191  committed a sexual battery under chapter 794 or a lewd act under
  192  s. 800.04 or s. 847.0135(5) against the minor; s. 787.01(3)(a)2.
  193  or 3.; s. 787.02(3)(a)2. or 3.; chapter 794, excluding s.
  194  794.011(10); s. 800.04; s. 825.1025; or s. 847.0135(5).
  195