Florida Senate - 2022                              CS for SB 444
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senators Perry and Book
       
       
       
       
       586-01942-22                                           2022444c1
    1                        A bill to be entitled                      
    2         An act relating to lewd or lascivious molestation;
    3         creating s. 800.06, F.S.; specifying what constitutes
    4         the crime of lewd or lascivious molestation upon a
    5         person 16 years of age or older; providing criminal
    6         penalties; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Section 800.06, Florida Statutes, is created to
   11  read:
   12         800.06 Lewd or lascivious molestation committed upon
   13  persons 16 years of age or older.—
   14         (1) A person commits the crime of lewd or lascivious
   15  molestation upon a person 16 years of age or older when he or
   16  she:
   17         (a) Intentionally touches a person 16 years of age or
   18  older:
   19         1. Against his or her will; and
   20         2. In a lewd or lascivious manner, on the breasts,
   21  genitals, genital area, or buttocks, or on the clothing covering
   22  them; or
   23         (b) Forces a person 16 years of age or older to touch the
   24  perpetrator, in a lewd or lascivious manner, on the breasts,
   25  genitals, genital area, or buttocks, or on the clothing covering
   26  them.
   27         (2)(a) Except as provided in paragraph (b), a person who
   28  violates subsection (1) commits a misdemeanor of the first
   29  degree, punishable as provided in s. 775.082 or s. 775.083.
   30         (b) A person who has one prior conviction for lewd and
   31  lascivious molestation committed upon persons 16 years of age or
   32  older and who commits any second or subsequent violation of
   33  subsection (1) commits a felony of the third degree, punishable
   34  as provided in s. 775.082, s. 775.083, or s. 775.084.
   35         Section 2. This act shall take effect October 1, 2022.