Florida Senate - 2022 SB 662
By Senator Cruz
18-00266-22 2022662__
1 A bill to be entitled
2 An act relating to lewd adult battery; amending s.
3 784.041, F.S.; creating the offense of lewd adult
4 battery, which prohibits a person from knowingly and
5 intentionally, without the consent of the victim,
6 touching the breasts, genitals, genital area, or
7 buttocks, or the clothing covering them, of a person
8 18 years of age or older; defining the terms “consent”
9 and “coercion”; providing criminal penalties; amending
10 s. 921.0022, F.S.; conforming a provision to changes
11 made by the act; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 784.041, Florida Statutes, is amended to
16 read:
17 784.041 Felony battery; domestic battery by strangulation;
18 lewd adult battery.—
19 (1) A person commits felony battery if he or she:
20 (a) Actually and intentionally touches or strikes another
21 person against the will of the other; and
22 (b) Causes great bodily harm, permanent disability, or
23 permanent disfigurement.
24 (2)(a) A person commits domestic battery by strangulation
25 if the person knowingly and intentionally, against the will of
26 another, impedes the normal breathing or circulation of the
27 blood of a family or household member or of a person with whom
28 he or she is in a dating relationship, so as to create a risk of
29 or cause great bodily harm by applying pressure on the throat or
30 neck of the other person or by blocking the nose or mouth of the
31 other person. This paragraph does not apply to any act of
32 medical diagnosis, treatment, or prescription which is
33 authorized under the laws of this state.
34 (b) As used in this subsection, the term:
35 1. “Family or household member” has the same meaning as in
36 s. 741.28.
37 2. “Dating relationship” means a continuing and significant
38 relationship of a romantic or intimate nature.
39 (3)(a) A person commits lewd adult battery if the person
40 knowingly and intentionally, without the consent of the victim,
41 touches the breasts, genitals, genital area, or buttocks, or the
42 clothing covering them, of a person 18 years of age or older.
43 (b) As used in this subsection, the term:
44 1. “Consent” means intelligent, knowing, and voluntary
45 consent and does not include submission by coercion.
46 2. “Coercion” means the use of exploitation, bribes,
47 threats of force, or intimidation to gain cooperation or
48 compliance.
49 (4) A person who commits felony battery, or domestic
50 battery by strangulation, or lewd adult battery commits a felony
51 of the third degree, punishable as provided in s. 775.082, s.
52 775.083, or s. 775.084.
53 Section 2. Paragraph (f) of subsection (3) of section
54 921.0022, Florida Statutes, is amended to read
55 921.0022 Criminal Punishment Code; offense severity ranking
56 chart.—
57 (3) OFFENSE SEVERITY RANKING CHART
58 (f) LEVEL 6
59
60 FloridaStatute FelonyDegree Description
61 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
62 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
63 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
64 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
65 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
66 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
67 775.0875(1) 3rd Taking firearm from law enforcement officer.
68 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
69 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
70 784.041(1) or (2)784.041 3rd Felony battery; domestic battery by strangulation.
71 784.048(3) 3rd Aggravated stalking; credible threat.
72 784.048(5) 3rd Aggravated stalking of person under 16.
73 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
74 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
75 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
76 784.081(2) 2nd Aggravated assault on specified official or employee.
77 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
78 784.083(2) 2nd Aggravated assault on code inspector.
79 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
80 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
81 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
82 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
83 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
84 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
85 794.05(1) 2nd Unlawful sexual activity with specified minor.
86 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
87 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
88 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
89 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
90 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
91 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
92 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
93 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
94 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
95 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
96 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
97 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
98 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
99 825.102(1) 3rd Abuse of an elderly person or disabled adult.
100 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
101 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
102 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
103 827.03(2)(c) 3rd Abuse of a child.
104 827.03(2)(d) 3rd Neglect of a child.
105 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
106 836.05 2nd Threats; extortion.
107 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
108 843.12 3rd Aids or assists person to escape.
109 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
110 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
111 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
112 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
113 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
114 944.40 2nd Escapes.
115 944.46 3rd Harboring, concealing, aiding escaped prisoners.
116 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
117 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
118 Section 3. This act shall take effect July 1, 2022.