Senate Bill sb0444e2
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CS for SB 444 Second 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 amending s. 24 of ch. 200-237, Laws of Florida;
17 revising an effective date; providing an
18 effective date.
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20 Be It Enacted by the Legislature of the State of Florida:
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22 Section 1. Subsection (2) and (3) of section 787.025,
23 Florida Statutes, are amended to read:
24 787.025 Luring or enticing a child.--
25 (2)(a) A person over the age of 18 who, having been
26 previously convicted of a violation of chapter 794 or s.
27 800.04, or a violation of a similar law of another
28 jurisdiction, intentionally lures or entices, or attempts to
29 lure or entice, a child under the age of 15 12 into a
30 structure, dwelling, or conveyance without the consent of the
31 child's parent or legal guardian, or who intentionally lures
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CS for SB 444 Second Engrossed
1 or entices, or attempts to lure or entice, a child under the
2 age of 15 away from the child's parent or legal guardian
3 without the consent of the child's parent or legal guardian,
4 for other than a lawful purpose commits a felony of the third
5 degree, punishable as provided in s. 775.082, s. 775.083, or
6 s. 775.084.
7 (b) For purposes of this section, the luring or
8 enticing, or attempted luring or enticing, of a child under
9 the age of 12 into a structure, dwelling, or conveyance
10 without the consent of the child's parent or legal guardian
11 shall be prima facie evidence of other than a lawful purpose.
12 (3) It is an affirmative defense to a prosecution
13 under this section that:
14 (a) The person reasonably believed that his or her
15 action was necessary to prevent the child from being seriously
16 injured.
17 (b) The person lured or enticed, or attempted to lure
18 or entice, the child under the age of 12 into a structure,
19 dwelling, or conveyance for a lawful purpose.
20 (b)(c) The person's actions were reasonable under the
21 circumstances and the defendant did not have any intent to
22 harm the health, safety, or welfare of the child.
23 Section 2. Subsection (1) of section 800.04, Florida
24 Statutes, is amended to read:
25 800.04 Lewd or lascivious offenses committed upon or
26 in the presence of persons less than 16 years of age.--
27 (1) DEFINITIONS.--As used in this section:
28 (a) "Sexual activity" means the oral, anal, or vaginal
29 penetration by, or union with, the sexual organ of another or
30 the anal or vaginal penetration of another by any other
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CS for SB 444 Second Engrossed
1 object; however, sexual activity does not include an act done
2 for a bona fide medical purpose.
3 (b) "Consent" means intelligent, knowing, and
4 voluntary consent, and does not include submission by
5 coercion.
6 (c) "Coercion" means the use of exploitation, bribes,
7 threats of force, or intimidation to gain cooperation or
8 compliance.
9 (d) "Presence" means that the victim of an act in
10 violation of this section is physically present where and when
11 the act occurs and in the immediate vicinity of the act. The
12 term does not mean that the victim must see or have sensory
13 awareness of the act.
14 (e)(d) "Victim" means a person upon whom an offense
15 described in this section was committed or attempted or a
16 person who has reported a violation of this section to a law
17 enforcement officer.
18 Section 3. Section 24 of Chapter 2000-237, Laws of
19 Florida, is amended to read:
20 Section 24. This act shall take effect upon becoming a
21 law, except for section 8 of this act, which shall take effect
22 July 1, 2003 2001.
23 Section 4. This act shall take effect July 1, 2001.
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