| 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 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 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 | the anal or vaginal penetration of another by any other object; |
| 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 |
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| 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 |
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| 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. |