Senate Bill sb0444e1

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    CS for SB 444                                  First Engrossed



  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, or from intentionally luring or

10         enticing, or attempting to lure or entice the

11         child away from the child's parent or legal

12         guardian; providing penalties; amending s.

13         800.04, F.S.; defining the term "presence" for

14         purposes of lewd or lascivious offenses

15         committed in the presence of certain minors;

16         providing an effective date.

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

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

21  Florida Statutes, are amended to read:

22         787.025  Luring or enticing a child.--

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

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

25  800.04, or a violation of a similar law of another

26  jurisdiction, intentionally lures or entices, or attempts to

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

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

29  child's parent or legal guardian, or who intentionally lures

30  or entices, or attempts to lure or entice, a child under the

31  age of 15 away from the child's parent or legal guardian


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    CS for SB 444                                  First Engrossed



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

  2  for other than a lawful purpose commits a felony of the third

  3  degree, punishable as provided in s. 775.082, s. 775.083, or

  4  s. 775.084.

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

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

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

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

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

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

11  under this section that:

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

13  action was necessary to prevent the child from being seriously

14  injured.

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

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

17  dwelling, or conveyance for a lawful purpose.

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

19  circumstances and the defendant did not have any intent to

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

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

22  Statutes, is amended to read:

23         800.04  Lewd or lascivious offenses committed upon or

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

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

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

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

28  the anal or vaginal penetration of another by any other

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

30  for a bona fide medical purpose.

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    CS for SB 444                                  First Engrossed



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

  2  voluntary consent, and does not include submission by

  3  coercion.

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

  5  threats of force, or intimidation to gain cooperation or

  6  compliance.

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

  8  violation of this section is physically present where and when

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

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

11  awareness of the act.

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

13  described in this section was committed or attempted or a

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

15  enforcement officer.

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

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