2022 Legislature                    CS for SB 444, 1st Engrossed
    2         An act relating to indecent, lewd, or lascivious
    3         touching; creating s. 794.051, F.S.; defining conduct
    4         prohibited as indecent, lewd, or lascivious touching
    5         of certain minors; providing a penalty; providing
    6         applicability; amending s. 921.0022, F.S.; ranking the
    7         offense on the offense severity ranking chart of the
    8         Criminal Punishment Code; providing an effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Section 794.051, Florida Statutes, is created to
   13  read:
   14         794.051 Indecent, lewd, or lascivious touching of certain
   15  minors.—
   16         (1) A person 24 years of age or older who intentionally
   17  touches in a lewd or lascivious manner the breasts, genitals,
   18  genital area, or buttocks, or the clothing covering them, of a
   19  person 16 or 17 years of age, or forces or entices a person 16
   20  or 17 years of age to so touch the perpetrator, commits a felony
   21  of the third degree, punishable as provided in s. 775.082, s.
   22  775.083, or s. 775.084.
   23         (2) This section does not apply to a person 16 or 17 years
   24  of age who has had the disability of nonage removed under
   25  chapter 743.
   26         Section 2. Paragraph (d) of subsection (3) of section
   27  921.0022, Florida Statutes, is amended to read:
   28         921.0022 Criminal Punishment Code; offense severity ranking
   29  chart.—
   31         (d) LEVEL 4
   33  FloridaStatute    FelonyDegree           Description            
   34  316.1935(3)(a)       2nd   Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
   35  499.0051(1)          3rd   Failure to maintain or deliver transaction history, transaction information, or transaction statements.
   36  499.0051(5)          2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
   37  517.07(1)            3rd   Failure to register securities.   
   38  517.12(1)            3rd   Failure of dealer, associated person, or issuer of securities to register.
   39  784.07(2)(b)         3rd   Battery of law enforcement officer, firefighter, etc.
   40  784.074(1)(c)        3rd   Battery of sexually violent predators facility staff.
   41  784.075              3rd   Battery on detention or commitment facility staff.
   42  784.078              3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
   43  784.08(2)(c)         3rd   Battery on a person 65 years of age or older.
   44  784.081(3)           3rd   Battery on specified official or employee.
   45  784.082(3)           3rd   Battery by detained person on visitor or other detainee.
   46  784.083(3)           3rd   Battery on code inspector.        
   47  784.085              3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
   48  787.03(1)            3rd   Interference with custody; wrongly takes minor from appointed guardian.
   49  787.04(2)            3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
   50  787.04(3)            3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
   51  787.07               3rd   Human smuggling.                  
   52  790.115(1)           3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
   53  790.115(2)(b)        3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
   54  790.115(2)(c)        3rd   Possessing firearm on school property.
   55  794.051(1)           3rd   Indecent, lewd, or lascivious touching of certain minors.
   56  800.04(7)(c)         3rd   Lewd or lascivious exhibition; offender less than 18 years.
   57  806.135              2nd   Destroying or demolishing a memorial or historic property.
   58  810.02(4)(a)         3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
   59  810.02(4)(b)         3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
   60  810.06               3rd   Burglary; possession of tools.    
   61  810.08(2)(c)         3rd   Trespass on property, armed with firearm or dangerous weapon.
   62  812.014(2)(c)3.      3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
   63  812.014 (2)(c)4.-10.   3rd   Grand theft, 3rd degree; specified items.
   64  812.0195(2)          3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
   65  817.505(4)(a)        3rd   Patient brokering.                
   66  817.563(1)           3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
   67  817.568(2)(a)        3rd   Fraudulent use of personal identification information.
   68  817.625(2)(a)        3rd   Fraudulent use of scanning device, skimming device, or reencoder.
   69  817.625(2)(c)        3rd   Possess, sell, or deliver skimming device.
   70  828.125(1)           2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
   71  837.02(1)            3rd   Perjury in official proceedings.  
   72  837.021(1)           3rd   Make contradictory statements in official proceedings.
   73  838.022              3rd   Official misconduct.              
   74  839.13(2)(a)         3rd   Falsifying records of an individual in the care and custody of a state agency.
   75  839.13(2)(c)         3rd   Falsifying records of the Department of Children and Families.
   76  843.021              3rd   Possession of a concealed handcuff key by a person in custody.
   77  843.025              3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
   78  843.15(1)(a)         3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
   79  847.0135(5)(c)       3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
   80  870.01(3)            2nd   Aggravated rioting.               
   81  870.01(5)            2nd   Aggravated inciting a riot.       
   82  874.05(1)(a)         3rd   Encouraging or recruiting another to join a criminal gang.
   83  893.13(2)(a)1.       2nd   Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
   84  914.14(2)            3rd   Witnesses accepting bribes.       
   85  914.22(1)            3rd   Force, threaten, etc., witness, victim, or informant.
   86  914.23(2)            3rd   Retaliation against a witness, victim, or informant, no bodily injury.
   87  916.1085 (2)(c)1.    3rd   Introduction of specified contraband into certain DCF facilities.
   88  918.12               3rd   Tampering with jurors.            
   89  934.215              3rd   Use of two-way communications device to facilitate commission of a crime.
   90  944.47(1)(a)6.       3rd   Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
   91  951.22(1)(h), (j) & (k)   3rd   Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
   92         Section 3. This act shall take effect October 1, 2022.