Florida Senate - 2026                                    SB 1742
       
       
        
       By Senator Martin
       
       
       
       
       
       33-00627-26                                           20261742__
    1                        A bill to be entitled                      
    2         An act relating to lewd or lascivious exhibition;
    3         amending s. 800.04, F.S.; defining the term
    4         “presence”; adding an offender knowing or having
    5         reason to know a minor is present as an element of the
    6         criminal offense of lewd or lascivious exhibition;
    7         providing criminal penalties; providing an effective
    8         date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Present paragraphs (d) and (e) of subsection (1)
   13  of section 800.04, Florida Statutes, are redesignated as
   14  paragraphs (e) and (f), respectively, a new paragraph (d) is
   15  added to that subsection, and subsection (7) of that section is
   16  amended, to read:
   17         800.04 Lewd or lascivious offenses committed upon or in the
   18  presence of persons less than 16 years of age.—
   19         (1) DEFINITIONS.—As used in this section:
   20         (d) “Presence” means reasonably capable of being viewed by
   21  the victim. The term does not require that a victim be aware of,
   22  see, or perceive any specific conduct.
   23         (7) LEWD OR LASCIVIOUS EXHIBITION.—
   24         (a) A person who:
   25         1. Intentionally masturbates;
   26         2. Intentionally exposes the genitals in a lewd or
   27  lascivious manner; or
   28         3. Intentionally commits any other sexual act that does not
   29  involve actual physical or sexual contact with the victim,
   30  including, but not limited to, sadomasochistic abuse, sexual
   31  bestiality, or the simulation of any act involving sexual
   32  activity,
   33  
   34  in the presence of a victim who is younger less than 16 years of
   35  age, knowing or having reason to know the victim is present,
   36  commits lewd or lascivious exhibition.
   37         (b) An offender 18 years of age or older who commits a lewd
   38  or lascivious exhibition commits a felony of the second degree,
   39  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   40         (c) An offender younger less than 18 years of age who
   41  commits a lewd or lascivious exhibition commits a felony of the
   42  third degree, punishable as provided in s. 775.082, s. 775.083,
   43  or s. 775.084.
   44         Section 2. This act shall take effect October 1, 2026.