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.
   13  Be It Enacted by the Legislature of the State of Florida:
   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.—
   58         (f) LEVEL 6
   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.