House Bill hb0163er
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2002 Legislature CS/HB 163, Second Engrossed
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2 An act relating to sexual offenses; amending s.
3 825.1025, F.S.; providing for the crime of lewd
4 or lascivious offenses committed upon or in the
5 presence of an elderly person or disabled
6 person; providing penalties; amending s.
7 921.0022, F.S., relating to the offense
8 severity ranking chart of the criminal
9 punishment code; revising punishment for lewd
10 or lascivious battery upon an elderly person or
11 disabled adult; providing an effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Section 825.1025, Florida Statutes, is
16 amended to read:
17 825.1025 Lewd or lascivious offenses committed upon or
18 in the presence of an elderly person or disabled person
19 adult.--
20 (1) As used in this section, "sexual activity" means
21 the oral, anal, or vaginal penetration by, or union with, the
22 sexual organ of another or the anal or vaginal penetration of
23 another by any other object; however, sexual activity does not
24 include an act done for a bona fide medical purpose.
25 (2)(a) "Lewd or lascivious battery upon an elderly
26 person or disabled person adult" occurs when a person
27 encourages, forces, or entices an elderly person or disabled
28 person adult to engage in sadomasochistic abuse, sexual
29 bestiality, prostitution, or any other act involving sexual
30 activity, when the person knows or reasonably should know that
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1 the elderly person or disabled person adult either lacks the
2 capacity to consent or fails to give consent.
3 (b) A person who commits lewd or lascivious battery
4 upon an elderly person or disabled person adult commits a
5 felony of the second degree, punishable as provided in s.
6 775.082, s. 775.083, or s. 775.084.
7 (3)(a) "Lewd or lascivious molestation of an elderly
8 person or disabled person adult" occurs when a person
9 intentionally touches in a lewd or lascivious manner the
10 breasts, genitals, genital area, or buttocks, or the clothing
11 covering them, of an elderly person or disabled person adult
12 when the person knows or reasonably should know that the
13 elderly person or disabled person adult either lacks the
14 capacity to consent or fails to give consent.
15 (b) A person who commits lewd or lascivious
16 molestation of an elderly person or disabled person adult
17 commits a felony of the third degree, punishable as provided
18 in s. 775.082, s. 775.083, or s. 775.084.
19 (4)(a) "Lewd or lascivious exhibition in the presence
20 of an elderly person or disabled person adult" occurs when a
21 person, in the presence of an elderly person or disabled
22 person adult:
23 1. Intentionally masturbates;
24 2. Intentionally exposes his or her genitals in a lewd
25 or lascivious manner; or
26 3. Intentionally commits any other lewd or lascivious
27 act that does not involve actual physical or sexual contact
28 with the elderly person or disabled person adult, including
29 but not limited to, sadomasochistic abuse, sexual bestiality,
30 or the simulation of any act involving sexual activity,
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1 when the person knows or reasonably should know that the
2 elderly person or disabled person adult either lacks the
3 capacity to consent or fails to give consent to having such
4 act committed in his or her presence.
5 (b) A person who commits a lewd or lascivious
6 exhibition in the presence of an elderly person or disabled
7 person adult commits a felony of the third degree, punishable
8 as provided in s. 775.082, s. 775.083, or s. 775.084.
9 Section 2. Paragraphs (g) and (h) of subsection (3) of
10 section 921.0022, Florida Statutes, as amended by section 2 of
11 chapter 2001-358, Laws of Florida, are amended to read:
12 921.0022 Criminal Punishment Code; offense severity
13 ranking chart.--
14 (3) OFFENSE SEVERITY RANKING CHART
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16 Florida Felony
17 Statute Degree Description
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20 (g) LEVEL 7
21 316.193(3)(c)2. 3rd DUI resulting in serious bodily
22 injury.
23 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
24 bodily injury.
25 402.319(2) 2nd Misrepresentation and negligence
26 or intentional act resulting in
27 great bodily harm, permanent
28 disfiguration, permanent
29 disability, or death.
30 409.920(2) 3rd Medicaid provider fraud.
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1 456.065(2) 3rd Practicing a health care
2 profession without a license.
3 456.065(2) 2nd Practicing a health care
4 profession without a license
5 which results in serious bodily
6 injury.
7 458.327(1) 3rd Practicing medicine without a
8 license.
9 459.013(1) 3rd Practicing osteopathic medicine
10 without a license.
11 460.411(1) 3rd Practicing chiropractic medicine
12 without a license.
13 461.012(1) 3rd Practicing podiatric medicine
14 without a license.
15 462.17 3rd Practicing naturopathy without a
16 license.
17 463.015(1) 3rd Practicing optometry without a
18 license.
19 464.016(1) 3rd Practicing nursing without a
20 license.
21 465.015(2) 3rd Practicing pharmacy without a
22 license.
23 466.026(1) 3rd Practicing dentistry or dental
24 hygiene without a license.
25 467.201 3rd Practicing midwifery without a
26 license.
27 468.366 3rd Delivering respiratory care
28 services without a license.
29 483.828(1) 3rd Practicing as clinical laboratory
30 personnel without a license.
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1 483.901(9) 3rd Practicing medical physics
2 without a license.
3 484.013(1)(c) 3rd Preparing or dispensing optical
4 devices without a prescription.
5 484.053 3rd Dispensing hearing aids without a
6 license.
7 494.0018(2) 1st Conviction of any violation of
8 ss. 494.001-494.0077 in which the
9 total money and property
10 unlawfully obtained exceeded
11 $50,000 and there were five or
12 more victims.
13 560.123(8)(b)1. 3rd Failure to report currency or
14 payment instruments exceeding
15 $300 but less than $20,000 by
16 money transmitter.
17 560.125(5)(a) 3rd Money transmitter business by
18 unauthorized person, currency or
19 payment instruments exceeding
20 $300 but less than $20,000.
21 655.50(10)(b)1. 3rd Failure to report financial
22 transactions exceeding $300 but
23 less than $20,000 by financial
24 institution.
25 782.051(3) 2nd Attempted felony murder of a
26 person by a person other than the
27 perpetrator or the perpetrator of
28 an attempted felony.
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1 782.07(1) 2nd Killing of a human being by the
2 act, procurement, or culpable
3 negligence of another
4 (manslaughter).
5 782.071 2nd Killing of human being or viable
6 fetus by the operation of a motor
7 vehicle in a reckless manner
8 (vehicular homicide).
9 782.072 2nd Killing of a human being by the
10 operation of a vessel in a
11 reckless manner (vessel
12 homicide).
13 784.045(1)(a)1. 2nd Aggravated battery; intentionally
14 causing great bodily harm or
15 disfigurement.
16 784.045(1)(a)2. 2nd Aggravated battery; using deadly
17 weapon.
18 784.045(1)(b) 2nd Aggravated battery; perpetrator
19 aware victim pregnant.
20 784.048(4) 3rd Aggravated stalking; violation of
21 injunction or court order.
22 784.07(2)(d) 1st Aggravated battery on law
23 enforcement officer.
24 784.074(1)(a) 1st Aggravated battery on sexually
25 violent predators facility staff.
26 784.08(2)(a) 1st Aggravated battery on a person 65
27 years of age or older.
28 784.081(1) 1st Aggravated battery on specified
29 official or employee.
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1 784.082(1) 1st Aggravated battery by detained
2 person on visitor or other
3 detainee.
4 784.083(1) 1st Aggravated battery on code
5 inspector.
6 790.07(4) 1st Specified weapons violation
7 subsequent to previous conviction
8 of s. 790.07(1) or (2).
9 790.16(1) 1st Discharge of a machine gun under
10 specified circumstances.
11 790.166(3) 2nd Possessing, selling, using, or
12 attempting to use a hoax weapon
13 of mass destruction.
14 796.03 2nd Procuring any person under 16
15 years for prostitution.
16 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
17 victim less than 12 years of age;
18 offender less than 18 years.
19 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
20 victim 12 years of age or older
21 but less than 16 years; offender
22 18 years or older.
23 806.01(2) 2nd Maliciously damage structure by
24 fire or explosive.
25 810.02(3)(a) 2nd Burglary of occupied dwelling;
26 unarmed; no assault or battery.
27 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
28 unarmed; no assault or battery.
29 810.02(3)(d) 2nd Burglary of occupied conveyance;
30 unarmed; no assault or battery.
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1 812.014(2)(a) 1st Property stolen, valued at
2 $100,000 or more; cargo stolen
3 valued at $50,000, or more;
4 property stolen while causing
5 other property damage; 1st degree
6 grand theft.
7 812.014(2)(b)2. 2nd Property stolen, emergency
8 medical equipment; 2nd degree
9 grand theft.
10 812.019(2) 1st Stolen property; initiates,
11 organizes, plans, etc., the theft
12 of property and traffics in
13 stolen property.
14 812.131(2)(a) 2nd Robbery by sudden snatching.
15 812.133(2)(b) 1st Carjacking; no firearm, deadly
16 weapon, or other weapon.
17 817.234(11)(c) 1st Insurance fraud; property value
18 $100,000 or more.
19 825.102(3)(b) 2nd Neglecting an elderly person or
20 disabled adult causing great
21 bodily harm, disability, or
22 disfigurement.
23 825.1025(2) 2nd Lewd or lascivious battery upon
24 an elderly person or disabled
25 adult.
26 825.103(2)(b) 2nd Exploiting an elderly person or
27 disabled adult and property is
28 valued at $20,000 or more, but
29 less than $100,000.
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1 827.03(3)(b) 2nd Neglect of a child causing great
2 bodily harm, disability, or
3 disfigurement.
4 827.04(3) 3rd Impregnation of a child under 16
5 years of age by person 21 years
6 of age or older.
7 837.05(2) 3rd Giving false information about
8 alleged capital felony to a law
9 enforcement officer.
10 872.06 2nd Abuse of a dead human body.
11 893.13(1)(c)1. 1st Sell, manufacture, or deliver
12 cocaine (or other drug prohibited
13 under s. 893.03(1)(a), (1)(b),
14 (1)(d), (2)(a), (2)(b), or
15 (2)(c)4.) within 1,000 feet of a
16 child care facility or school.
17 893.13(1)(e)1. 1st Sell, manufacture, or deliver
18 cocaine or other drug prohibited
19 under s. 893.03(1)(a), (1)(b),
20 (1)(d), (2)(a), (2)(b), or
21 (2)(c)4., within 1,000 feet of
22 property used for religious
23 services or a specified business
24 site.
25 893.13(4)(a) 1st Deliver to minor cocaine (or
26 other s. 893.03(1)(a), (1)(b),
27 (1)(d), (2)(a), (2)(b), or
28 (2)(c)4. drugs).
29 893.135(1)(a)1. 1st Trafficking in cannabis, more
30 than 25 lbs., less than 2,000
31 lbs.
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1 893.135
2 (1)(b)1.a. 1st Trafficking in cocaine, more than
3 28 grams, less than 200 grams.
4 893.135
5 (1)(c)1.a. 1st Trafficking in illegal drugs,
6 more than 4 grams, less than 14
7 grams.
8 893.135
9 (1)(d)1. 1st Trafficking in phencyclidine,
10 more than 28 grams, less than 200
11 grams.
12 893.135(1)(e)1. 1st Trafficking in methaqualone, more
13 than 200 grams, less than 5
14 kilograms.
15 893.135(1)(f)1. 1st Trafficking in amphetamine, more
16 than 14 grams, less than 28
17 grams.
18 893.135
19 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
20 grams or more, less than 14
21 grams.
22 893.135
23 (1)(h)1.a. 1st Trafficking in
24 gamma-hydroxybutyric acid (GHB),
25 1 kilogram or more, less than 5
26 kilograms.
27 893.135
28 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
29 kilogram or more, less than 5
30 kilograms.
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1 893.135
2 (1)(j)2.a. 1st Trafficking in Phenethylamines,
3 10 grams or more, less than 200
4 grams.
5 896.101(5)(a) 3rd Money laundering, financial
6 transactions exceeding $300 but
7 less than $20,000.
8 896.104(4)(a)1. 3rd Structuring transactions to evade
9 reporting or registration
10 requirements, financial
11 transactions exceeding $300 but
12 less than $20,000.
13 (h) LEVEL 8
14 316.193
15 (3)(c)3.a. 2nd DUI manslaughter.
16 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
17 560.123(8)(b)2. 2nd Failure to report currency or
18 payment instruments totaling or
19 exceeding $20,000, but less than
20 $100,000 by money transmitter.
21 560.125(5)(b) 2nd Money transmitter business by
22 unauthorized person, currency or
23 payment instruments totaling or
24 exceeding $20,000, but less than
25 $100,000.
26 655.50(10)(b)2. 2nd Failure to report financial
27 transactions totaling or
28 exceeding $20,000, but less than
29 $100,000 by financial
30 institutions.
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1 777.03(2)(a) 1st Accessory after the fact, capital
2 felony.
3 782.04(4) 2nd Killing of human without design
4 when engaged in act or attempt of
5 any felony other than arson,
6 sexual battery, robbery,
7 burglary, kidnapping, aircraft
8 piracy, or unlawfully discharging
9 bomb.
10 782.051(2) 1st Attempted felony murder while
11 perpetrating or attempting to
12 perpetrate a felony not
13 enumerated in s. 782.04(3).
14 782.071(1)(b) 1st Committing vehicular homicide and
15 failing to render aid or give
16 information.
17 782.072(2) 1st Committing vessel homicide and
18 failing to render aid or give
19 information.
20 790.161(3) 1st Discharging a destructive device
21 which results in bodily harm or
22 property damage.
23 794.011(5) 2nd Sexual battery, victim 12 years
24 or over, offender does not use
25 physical force likely to cause
26 serious injury.
27 800.04(4) 2nd Lewd or lascivious battery.
28 806.01(1) 1st Maliciously damage dwelling or
29 structure by fire or explosive,
30 believing person in structure.
31 810.02(2)(a) 1st,PBL Burglary with assault or battery.
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1 810.02(2)(b) 1st,PBL Burglary; armed with explosives
2 or dangerous weapon.
3 810.02(2)(c) 1st Burglary of a dwelling or
4 structure causing structural
5 damage or $1,000 or more property
6 damage.
7 812.13(2)(b) 1st Robbery with a weapon.
8 812.135(2) 1st Home-invasion robbery.
9 825.102(2) 2nd Aggravated abuse of an elderly
10 person or disabled adult.
11 825.1025(2) 2nd Lewd or lascivious battery upon
12 an elderly person or disabled
13 adult.
14 825.103(2)(a) 1st Exploiting an elderly person or
15 disabled adult and property is
16 valued at $100,000 or more.
17 837.02(2) 2nd Perjury in official proceedings
18 relating to prosecution of a
19 capital felony.
20 837.021(2) 2nd Making contradictory statements
21 in official proceedings relating
22 to prosecution of a capital
23 felony.
24 860.121(2)(c) 1st Shooting at or throwing any
25 object in path of railroad
26 vehicle resulting in great bodily
27 harm.
28 860.16 1st Aircraft piracy.
29 893.13(1)(b) 1st Sell or deliver in excess of 10
30 grams of any substance specified
31 in s. 893.03(1)(a) or (b).
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1 893.13(2)(b) 1st Purchase in excess of 10 grams of
2 any substance specified in s.
3 893.03(1)(a) or (b).
4 893.13(6)(c) 1st Possess in excess of 10 grams of
5 any substance specified in s.
6 893.03(1)(a) or (b).
7 893.135(1)(a)2. 1st Trafficking in cannabis, more
8 than 2,000 lbs., less than 10,000
9 lbs.
10 893.135
11 (1)(b)1.b. 1st Trafficking in cocaine, more than
12 200 grams, less than 400 grams.
13 893.135
14 (1)(c)1.b. 1st Trafficking in illegal drugs,
15 more than 14 grams, less than 28
16 grams.
17 893.135
18 (1)(d)1.b. 1st Trafficking in phencyclidine,
19 more than 200 grams, less than
20 400 grams.
21 893.135
22 (1)(e)1.b. 1st Trafficking in methaqualone, more
23 than 5 kilograms, less than 25
24 kilograms.
25 893.135
26 (1)(f)1.b. 1st Trafficking in amphetamine, more
27 than 28 grams, less than 200
28 grams.
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1 893.135
2 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
3 grams or more, less than 28
4 grams.
5 893.135
6 (1)(h)1.b. 1st Trafficking in
7 gamma-hydroxybutyric acid (GHB),
8 5 kilograms or more, less than 10
9 kilograms.
10 893.135
11 (1)(i)1.b. 1st Trafficking in 1,4-Butanediol, 5
12 kilograms or more, less than 10
13 kilograms.
14 893.135
15 (1)(j)2.b. 1st Trafficking in Phenethylamines,
16 200 grams or more, less than 400
17 grams.
18 895.03(1) 1st Use or invest proceeds derived
19 from pattern of racketeering
20 activity.
21 895.03(2) 1st Acquire or maintain through
22 racketeering activity any
23 interest in or control of any
24 enterprise or real property.
25 895.03(3) 1st Conduct or participate in any
26 enterprise through pattern of
27 racketeering activity.
28 896.101(5)(b) 2nd Money laundering, financial
29 transactions totaling or
30 exceeding $20,000, but less than
31 $100,000.
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1 896.104(4)(a)2. 2nd Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions totaling or
5 exceeding $20,000 but less than
6 $100,000.
7 Section 3. This act shall take effect July 1, 2002.
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