| 1 | A bill to be entitled | 
| 2 | An act relating to lewd or lascivious offenses; amending | 
| 3 | and reenacting s. 800.04, F.S.; revising the definition of | 
| 4 | the term "sexual activity" for purposes of provisions | 
| 5 | relating to certain lewd or lascivious offenses; providing | 
| 6 | penalties; providing an effective date. | 
| 7 | 
 | 
| 8 | Be It Enacted by the Legislature of the State of Florida: | 
| 9 | 
 | 
| 10 | Section 1.  Paragraph (a) of subsection (1) of section | 
| 11 | 800.04, Florida Statutes, is amended, and subsection (4) and | 
| 12 | paragraph (a) of subsection (7) of that section are reenacted, | 
| 13 | to read: | 
| 14 | 800.04  Lewd or lascivious offenses committed upon or in | 
| 15 | the 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 | 
| 18 | penetration by, or union with, the sexual organ of another or | 
| 19 | theanal or vaginal penetrationof anotherby anyotherobject; | 
| 20 | however, sexual activity does not include an act done for a bona | 
| 21 | fide medical purpose. | 
| 22 | (4)  LEWD OR LASCIVIOUS BATTERY.-A person who: | 
| 23 | (a)  Engages in sexual activity with a person 12 years of | 
| 24 | age or older but less than 16 years of age; or | 
| 25 | (b)  Encourages, forces, or entices any person less than 16 | 
| 26 | years of age to engage in sadomasochistic abuse, sexual | 
| 27 | bestiality, prostitution, or any other act involving sexual | 
| 28 | activity | 
| 29 | 
 | 
| 30 | commits lewd or lascivious battery, a felony of the second | 
| 31 | degree, punishable as provided in s. 775.082, s. 775.083, or s. | 
| 32 | 775.084. | 
| 33 | (7)  LEWD OR LASCIVIOUS EXHIBITION.- | 
| 34 | (a)  A person who: | 
| 35 | 1.  Intentionally masturbates; | 
| 36 | 2.  Intentionally exposes the genitals in a lewd or | 
| 37 | lascivious manner; or | 
| 38 | 3.  Intentionally commits any other sexual act that does | 
| 39 | not involve actual physical or sexual contact with the victim, | 
| 40 | including, but not limited to, sadomasochistic abuse, sexual | 
| 41 | bestiality, or the simulation of any act involving sexual | 
| 42 | activity | 
| 43 | 
 | 
| 44 | in the presence of a victim who is less than 16 years of age, | 
| 45 | commits lewd or lascivious exhibition. | 
| 46 | Section 2.  This act shall take effect July 1, 2011. |