Senate Bill sb0444c1

    Florida Senate - 2001                            CS for SB 444

    By the Committee on Criminal Justice and Senator Latvala





    307-1500-01

  1                      A bill to be entitled

  2         An act relating to offenses against children;

  3         amending s. 787.025, F.S.; revising provisions

  4         to prohibit certain previously convicted

  5         offenders from intentionally luring or

  6         enticing, or attempting to lure or entice, a

  7         child under age 15 into a structure, dwelling,

  8         or conveyance without consent of parent or

  9         legal guardian; providing penalties; amending

10         s. 800.04, F.S.; defining the term "presence"

11         for purposes of lewd or lascivious offenses

12         committed in the presence of certain minors;

13         providing an effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Subsection (2) and (3) of section 787.025,

18  Florida Statutes, are amended to read:

19         787.025  Luring or enticing a child.--

20         (2)(a)  A person over the age of 18 who, having been

21  previously convicted of a violation of chapter 794 or s.

22  800.04, or a violation of a similar law of another

23  jurisdiction, intentionally lures or entices, or attempts to

24  lure or entice, a child under the age of 15 12 into a

25  structure, dwelling, or conveyance without the consent of the

26  child's parent or legal guardian for other than a lawful

27  purpose commits a felony of the third degree, punishable as

28  provided in s. 775.082, s. 775.083, or s. 775.084.

29         (b)  For purposes of this section, the luring or

30  enticing, or attempted luring or enticing, of a child under

31  the age of 12 into a structure, dwelling, or conveyance

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    Florida Senate - 2001                            CS for SB 444
    307-1500-01




  1  without the consent of the child's parent or legal guardian

  2  shall be prima facie evidence of other than a lawful purpose.

  3         (3)  It is an affirmative defense to a prosecution

  4  under this section that:

  5         (a)  The person reasonably believed that his or her

  6  action was necessary to prevent the child from being seriously

  7  injured.

  8         (b)  The person lured or enticed, or attempted to lure

  9  or entice, the child under the age of 12 into a structure,

10  dwelling, or conveyance for a lawful purpose.

11         (b)(c)  The person's actions were reasonable under the

12  circumstances and the defendant did not have any intent to

13  harm the health, safety, or welfare of the child.

14         Section 2.  Subsection (1) of section 800.04, Florida

15  Statutes, is amended to read:

16         800.04  Lewd or lascivious offenses committed upon or

17  in the presence of persons less than 16 years of age.--

18         (1)  DEFINITIONS.--As used in this section:

19         (a)  "Sexual activity" means the oral, anal, or vaginal

20  penetration by, or union with, the sexual organ of another or

21  the anal or vaginal penetration of another by any other

22  object; however, sexual activity does not include an act done

23  for a bona fide medical purpose.

24         (b)  "Consent" means intelligent, knowing, and

25  voluntary consent, and does not include submission by

26  coercion.

27         (c)  "Coercion" means the use of exploitation, bribes,

28  threats of force, or intimidation to gain cooperation or

29  compliance.

30         (d)  "Presence" means that the victim of an act in

31  violation of this section is physically present where and when

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    Florida Senate - 2001                            CS for SB 444
    307-1500-01




  1  the act occurs and in the immediate vicinity of the act. The

  2  term does not mean that the victim must see or have sensory

  3  awareness of the act.

  4         (e)(d)  "Victim" means a person upon whom an offense

  5  described in this section was committed or attempted or a

  6  person who has reported a violation of this section to a law

  7  enforcement officer.

  8         Section 3.  This act shall take effect July 1, 2001.

  9

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                         Senate Bill 444

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13  Provides that a lewd or lascivious exhibition "in the presence
    of a victim" means that the victim must be physically present
14  where and when this exhibition occurs and in the immediate
    vicinity of this exhibition, but does not have to see or sense
15  this exhibition.

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CODING: Words stricken are deletions; words underlined are additions.