Florida Senate - 2019 SENATOR AMENDMENT Bill No. CS for CS for SB 642 Ì510758AÎ510758 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 04/30/2019 04:38 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 19seconddegree, 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,22punishable as provided in s. 775.082, s. 775.083, or s. 775.08423if the person is an offender 18 years of age or older who24commits lewd or lascivious battery and was previously convicted25of a violation of:261. Section 787.01(2) or s. 787.02(2) when the violation27involved a victim who was a minor and, in the course of28committing that violation, the defendant committed against the29minor a sexual battery under chapter 794 or a lewd act under30this section or s. 847.0135(5);312. Section 787.01(3)(a)2. or 3.;323. Section 787.02(3)(a)2. or 3.;334. Chapter 794, excluding s. 794.011(10);345. Section 825.1025;356. Section 847.0135(5); or367. 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 firstseconddegree, 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 firstthirddegree, 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 firstsecond89 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 firstthird93 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 firstsecond110 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 114thirddegree, 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