Florida Senate - 2026                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1742
       
       
       
       
       
       
                                Ì457242ÂÎ457242                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Appropriations Committee on Criminal and Civil Justice
       (Martin) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 21 - 48
    4  and insert:
    5         800.035 Indecent exposure of sexual organs while observing
    6  a child.—
    7         (1) As used in this section, the term “observing” means
    8  intentionally viewing another person under circumstances in
    9  which the offender is reasonably capable of being seen by the
   10  person being viewed.
   11         (2) A person commits the offense of indecent exposure while
   12  observing a child if that person, while observing a child under
   13  16 years of age, for the purpose of his or her own sexual
   14  arousal or gratification:
   15         (a) Intentionally exposes a sexual organ in a lewd or
   16  lascivious manner; or
   17         (b) Intentionally performs any sexual act that does not
   18  involve actual physical or sexual contact with the child,
   19  including, but not limited to, sadomasochistic abuse, sexual
   20  bestiality, masturbation, or the simulation of any act involving
   21  sexual activity.
   22         (3) A person who violates subsection (2) commits a felony
   23  of the third degree, punishable as provided in s. 775.082, s.
   24  775.083, or s. 775.084.
   25         (4) It is not a defense under this section that the person
   26  being observed was not aware of any specific conduct on the part
   27  of the offender or did not see the offender’s sexual organs.
   28         (5) A person does not commit the offense of indecent
   29  exposure of sexual organs while observing a child if the person
   30  is either of the following:
   31         (a) A mother who is breastfeeding her baby.
   32         (b) An individual who is merely nude in a place provided or
   33  set
   34  
   35  ================= T I T L E  A M E N D M E N T ================
   36  And the title is amended as follows:
   37         Delete lines 3 - 12
   38  and insert:
   39         while observing a child; repealing s. 800.02, F.S.,
   40         relating to unnatural and lascivious acts; creating s.
   41         800.035, F.S.; defining the term “observing”;
   42         prohibiting a person from, for a specified purpose,
   43         intentionally exposing his or her sexual organs in a
   44         lewd or lascivious manner or intentionally performing
   45         specified sexual acts while observing a child under 16
   46         years of age; providing criminal penalties; specifying
   47         what does not constitute a defense to committing such
   48         offense; providing exceptions; amending ss.