Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 642
       
       
       
       
       
       
                                Ì510758AÎ510758                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/30/2019 04:38 PM       .                                
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       Senator Book moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 2253 and 2254
    4  insert:
    5         Section 36. Subsections (4), (5), (6), and (7) of section
    6  800.04, Florida Statutes, are amended to read
    7         800.04 Lewd or lascivious offenses committed upon or in the
    8  presence of persons less than 16 years of age.—
    9         (4) LEWD OR LASCIVIOUS BATTERY.—
   10         (a) A person commits lewd or lascivious battery by:
   11         1. Engaging in sexual activity with a person 12 years of
   12  age or older but less than 16 years of age; or
   13         2. Encouraging, forcing, or enticing any person less than
   14  16 years of age to engage in sadomasochistic abuse, sexual
   15  bestiality, prostitution, or any other act involving sexual
   16  activity.
   17         (b) Except as provided in paragraph (c), An offender who
   18  commits lewd or lascivious battery commits a felony of the first
   19  second degree, punishable as provided in s. 775.082, s. 775.083,
   20  or s. 775.084.
   21         (c) A person commits a felony of the first degree,
   22  punishable as provided in s. 775.082, s. 775.083, or s. 775.084
   23  if the person is an offender 18 years of age or older who
   24  commits lewd or lascivious battery and was previously convicted
   25  of a violation of:
   26         1. Section 787.01(2) or s. 787.02(2) when the violation
   27  involved a victim who was a minor and, in the course of
   28  committing that violation, the defendant committed against the
   29  minor a sexual battery under chapter 794 or a lewd act under
   30  this section or s. 847.0135(5);
   31         2. Section 787.01(3)(a)2. or 3.;
   32         3. Section 787.02(3)(a)2. or 3.;
   33         4. Chapter 794, excluding s. 794.011(10);
   34         5. Section 825.1025;
   35         6. Section 847.0135(5); or
   36         7. This section.
   37         (5) LEWD OR LASCIVIOUS MOLESTATION.—
   38         (a) A person who intentionally touches in a lewd or
   39  lascivious manner the breasts, genitals, genital area, or
   40  buttocks, or the clothing covering them, of a person less than
   41  16 years of age, or forces or entices a person under 16 years of
   42  age to so touch the perpetrator, commits lewd or lascivious
   43  molestation.
   44         (b) An offender 18 years of age or older who commits lewd
   45  or lascivious molestation against a victim less than 12 years of
   46  age commits a life felony, punishable as provided in s.
   47  775.082(3)(a)4.
   48         (c)1. An offender less than 18 years of age who commits
   49  lewd or lascivious molestation against a victim less than 12
   50  years of age; or
   51         2. An offender 18 years of age or older who commits lewd or
   52  lascivious molestation against a victim 12 years of age or older
   53  but less than 16 years of age
   54  
   55  commits a felony of the first second degree, punishable as
   56  provided in s. 775.082, s. 775.083, or s. 775.084.
   57         (d) An offender less than 18 years of age who commits lewd
   58  or lascivious molestation against a victim 12 years of age or
   59  older but less than 16 years of age commits a felony of the
   60  first third degree, punishable as provided in s. 775.082, s.
   61  775.083, or s. 775.084.
   62         (e) A person commits a felony of the first degree,
   63  punishable as provided in s. 775.082, s. 775.083, or s. 775.084
   64  if the person is 18 years of age or older and commits lewd or
   65  lascivious molestation against a victim 12 years of age or older
   66  but less than 16 years of age and the person was previously
   67  convicted of a violation of:
   68         1. Section 787.01(2) or s. 787.02(2) when the violation
   69  involved a victim who was a minor and, in the course of
   70  committing the violation, the defendant committed against the
   71  minor a sexual battery under chapter 794 or a lewd act under
   72  this section or s. 847.0135(5);
   73         2. Section 787.01(3)(a)2. or 3.;
   74         3. Section 787.02(3)(a)2. or 3.;
   75         4. Chapter 794, excluding s. 794.011(10);
   76         5. Section 825.1025;
   77         6. Section 847.0135(5); or
   78         7. This section.
   79         (6) LEWD OR LASCIVIOUS CONDUCT.—
   80         (a) A person who:
   81         1. Intentionally touches a person under 16 years of age in
   82  a lewd or lascivious manner; or
   83         2. Solicits a person under 16 years of age to commit a lewd
   84  or lascivious act
   85  
   86  commits lewd or lascivious conduct.
   87         (b) An offender 18 years of age or older who commits lewd
   88  or lascivious conduct commits a felony of the first second
   89  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   90  775.084.
   91         (c) An offender less than 18 years of age who commits lewd
   92  or lascivious conduct commits a felony of the first third
   93  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   94  775.084.
   95         (7) LEWD OR LASCIVIOUS EXHIBITION.—
   96         (a) A person who:
   97         1. Intentionally masturbates;
   98         2. Intentionally exposes the genitals in a lewd or
   99  lascivious manner; or
  100         3. Intentionally commits any other sexual act that does not
  101  involve actual physical or sexual contact with the victim,
  102  including, but not limited to, sadomasochistic abuse, sexual
  103  bestiality, or the simulation of any act involving sexual
  104  activity
  105  
  106  in the presence of a victim who is less than 16 years of age,
  107  commits lewd or lascivious exhibition.
  108         (b) An offender 18 years of age or older who commits a lewd
  109  or lascivious exhibition commits a felony of the first second
  110  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  111  775.084.
  112         (c) An offender less than 18 years of age who commits a
  113  lewd or lascivious exhibition commits a felony of the first
  114  third degree, punishable as provided in s. 775.082, s. 775.083,
  115  or s. 775.084.
  116  
  117  ================= T I T L E  A M E N D M E N T ================
  118  And the title is amended as follows:
  119         Delete line 200
  120  and insert:
  121         s. 800.04, F.S.; increasing the penalty of certain
  122         lewd and lascivious offenses; s. 800.09, F.S.;
  123         revising the definitions of the terms