Florida Senate - 2020                                    SB 1150
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-01215-20                                           20201150__
    1                        A bill to be entitled                      
    2         An act relating to lewd or lascivious exhibition;
    3         amending s. 800.04, F.S.; revising the elements that
    4         constitute the offense of lewd or lascivious
    5         exhibition; providing an effective date.
    6          
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Subsection (7) of section 800.04, Florida
   10  Statutes, is amended to read:
   11         800.04 Lewd or lascivious offenses committed upon or in the
   12  presence of persons less than 16 years of age.—
   13         (7) LEWD OR LASCIVIOUS EXHIBITION.—
   14         (a) A person who:
   15         1. Intentionally masturbates;
   16         2. Intentionally exposes the genitals in a lewd or
   17  lascivious manner; or
   18         3. Intentionally commits any other sexual act that does not
   19  involve actual physical or sexual contact with the victim,
   20  including, but not limited to, sadomasochistic abuse, sexual
   21  bestiality, or the simulation of any act involving sexual
   22  activity,
   23  
   24  in the victim’s immediate vicinity, irrespective of whether the
   25  victim is aware of the conduct, if the victim presence of a
   26  victim who is less than 16 years of age, commits lewd or
   27  lascivious exhibition.
   28         (b) An offender 18 years of age or older who commits a lewd
   29  or lascivious exhibition commits a felony of the second degree,
   30  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   31         (c) An offender less than 18 years of age who commits a
   32  lewd or lascivious exhibition commits a felony of the third
   33  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   34  775.084.
   35         Section 2. This act shall take effect October 1, 2020.