HB 235

A bill to be entitled
2An act relating to lewd or lascivious offenses; amending
3and reenacting s. 800.04, F.S.; revising the definition of
4the term "sexual activity" for purposes of provisions
5relating to certain lewd or lascivious offenses; providing
6penalties; providing an effective date.
8Be It Enacted by the Legislature of the State of Florida:
10     Section 1.  Paragraph (a) of subsection (1) of section
11800.04, Florida Statutes, is amended, and subsection (4) and
12paragraph (a) of subsection (7) of that section are reenacted,
13to read:
14     800.04  Lewd or lascivious offenses committed upon or in
15the presence of persons less than 16 years of age.-
16     (1)  DEFINITIONS.-As used in this section:
17     (a)  "Sexual activity" means the oral, anal, or vaginal
18penetration by, or union with, the sexual organ of another or
19the anal or vaginal penetration of another by any other object;
20however, sexual activity does not include an act done for a bona
21fide medical purpose.
22     (4)  LEWD OR LASCIVIOUS BATTERY.-A person who:
23     (a)  Engages in sexual activity with a person 12 years of
24age or older but less than 16 years of age; or
25     (b)  Encourages, forces, or entices any person less than 16
26years of age to engage in sadomasochistic abuse, sexual
27bestiality, prostitution, or any other act involving sexual
30commits lewd or lascivious battery, a felony of the second
31degree, punishable as provided in s. 775.082, s. 775.083, or s.
34     (a)  A person who:
35     1.  Intentionally masturbates;
36     2.  Intentionally exposes the genitals in a lewd or
37lascivious manner; or
38     3.  Intentionally commits any other sexual act that does
39not involve actual physical or sexual contact with the victim,
40including, but not limited to, sadomasochistic abuse, sexual
41bestiality, or the simulation of any act involving sexual
44in the presence of a victim who is less than 16 years of age,
45commits lewd or lascivious exhibition.
46     Section 2.  This act shall take effect July 1, 2011.

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