Florida Senate - 2021                                    SB 1462
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-00125-21                                           20211462__
    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 does any of the following in the victim’s
   15  immediate vicinity, irrespective of whether the victim is aware
   16  of the conduct, if the victim is less than 16 years of age,
   17  commits lewd or lascivious exhibition:
   18         1. Intentionally masturbates;
   19         2. Intentionally exposes the genitals in a lewd or
   20  lascivious manner; or
   21         3. Intentionally commits any other sexual act that does not
   22  involve actual physical or sexual contact with the victim,
   23  including, but not limited to, sadomasochistic abuse, sexual
   24  bestiality, or the simulation of any act involving sexual
   25  activity
   26  
   27  in the presence of a victim who is less than 16 years of age,
   28  commits lewd or lascivious exhibition.
   29         (b) An offender 18 years of age or older who commits a lewd
   30  or lascivious exhibition commits a felony of the second degree,
   31  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   32         (c) An offender less than 18 years of age who commits a
   33  lewd or lascivious exhibition commits a felony of the third
   34  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   35  775.084.
   36         Section 2. This act shall take effect October 1, 2021.