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A bill to be entitled 1
An act relating to sexual offenses definitions; 2
amending s. 39.01, F.S.; creating and revising a 3
definition relating to sexual abuse of a child; 4
amending ss. 365.161 and 775.0847, F.S.; creating and 5
revising definitions relating to obscene telephone 6
communications and possession or promotion of certain 7
images of child pornography, respectively; amending s. 8
794.011, F.S.; creating and revising definitions 9
relating to sexual battery; conforming provisions to 10
changes made by the act; amending ss. 395.0197 and 11
415.102, F.S.; conforming cross -references; amending 12
ss. 827.071 and 847.001, F.S.; creating and revising 13
definitions relating to sexual performance by a chil d 14
and obscenity, respectively; amending s. 847.0141, 15
F.S.; conforming cross -references; amending s. 872.06, 16
F.S.; creating and revising definitions relating to 17
abuse of a dead human body; providing an effective 18
date. 19
20
Be It Enacted by the Legislature o f the State of Florida: 21
22
Section 1. Subsection (77) of section 39.01, Florida 23
Statutes, is amended to read: 24
39.01 Definitions.—When used in this chapter, unless the 25
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context otherwise requires: 26
(77) "Sexual abuse of a child" for purposes of finding a 27
child to be dependent means one or more of the following acts: 28
(a) Any penetration, however slight, of the female 29
genitals vagina or anal opening of one person by the penis of 30
another person, whether or not there is the emission of semen. 31
(b) Any sexual contact between the genitals or anal 32
opening of one person and the mouth or tongue of another person. 33
(c) Any intrusion by one person into the genitals or anal 34
opening of another person, including the use of any object for 35
this purpose, except that t his does not include any act intended 36
for a valid medical purpose. 37
(d) The intentional touching of the genitals or intimate 38
parts, including the breasts, genital area, groin, inner thighs, 39
and buttocks, or the clothing covering them, of either the child 40
or the perpetrator, except that this does not include: 41
1. Any act which may reasonably be construed to be a 42
normal caregiver responsibility, any interaction with, or 43
affection for a child; or 44
2. Any act intended for a valid medical purpose. 45
(e) The intentional masturbation of the perpetrator's 46
genitals in the presence of a child. 47
(f) The intentional exposure of the perpetrator's genitals 48
in the presence of a child, or any other sexual act 49
intentionally perpetrated in the presence of a child, if such 50
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exposure or sexual act is for the purpose of sexual arousal or 51
gratification, aggression, degradation, or other similar 52
purpose. 53
(g) The sexual exploitation of a child, which includes the 54
act of a child offering to engage in or engaging in 55
prostitution, or the act of allowing, encouraging, or forcing a 56
child to: 57
1. Solicit for or engage in prostitution; 58
2. Engage in a sexual performance, as defined by chapter 59
827; or 60
3. Participate in the trade of human trafficking as 61
provided in s. 787.06(3)(g). 62
63
As used in this subsection, the term "female genitals" includes 64
the labia minora, labia majora, vulva, hymen, and vagina. 65
Section 2. Subsection (1) of section 365.161, Florida 66
Statutes, is amended to read: 67
365.161 Prohibition of certain obscene telep hone 68
communications; penalty. — 69
(1) For purposes of this section, the term: 70
(a)(b) "Deviate sexual intercourse" means sexual conduct 71
between persons consisting of contact between the penis and the 72
anus, the mouth and the penis, or the mouth and the vulv a. 73
(b) "Female genitals" includes the labia minora, labia 74
majora, vulva, hymen, and vagina. 75
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(c)(a) "Obscene" means that status of a communication 76
which: 77
1. The average person applying contemporary community 78
standards would find, taken as a whole, app eals to the prurient 79
interests; 80
2. Describes, in a patently offensive way, deviate sexual 81
intercourse, sadomasochistic abuse, sexual battery, bestiality, 82
sexual conduct, or sexual excitement; and 83
3. Taken as a whole, lacks serious literary, artistic, 84
political, or scientific value. 85
(d)(c) "Sadomasochistic abuse" means flagellation or 86
torture by or upon a person, or the condition of being fettered, 87
bound, or otherwise physically restrained, for the purpose of 88
deriving sexual satisfaction from inflictin g harm on another or 89
receiving such harm oneself. 90
(e)(d) "Sexual battery" means oral, anal, or female 91
genital vaginal penetration by, or union with, the sexual organ 92
of another or the anal or female genital vaginal penetration of 93
another by any other obj ect. 94
(f)(e) "Sexual bestiality" means any sexual act between a 95
person and an animal involving the sex organ of the one and the 96
mouth, anus, or female genitals vagina of the other. 97
(g)(f) "Sexual conduct" means actual or simulated sexual 98
intercourse, deviate sexual intercourse, sexual bestiality, 99
masturbation, or sadomasochistic abuse; or any act or conduct 100
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which constitutes sexual battery. 101
(h)(g) "Sexual excitement" means the condition of the 102
human male or female genitals when in a state of sexual 103
stimulation or arousal. 104
Section 3. Paragraphs (c) through (f) of subsection (1) of 105
section 775.0847, Florida Statutes, are redesignated as 106
paragraphs (d) through (g), respectively, a new paragraph (c) is 107
added to that subsection, and present paragraphs (d ) and (e) of 108
that subsection are amended, to read: 109
775.0847 Possession or promotion of certain images of 110
child pornography; reclassification. — 111
(1) For purposes of this section: 112
(c) "Female genitals" includes the labia minora, labia 113
majora, vulva, hymen, and vagina. 114
(e)(d) "Sexual battery" means oral, anal, or female 115
genital vaginal penetration by, or union with, the sexual organ 116
of another or the anal or female genital vaginal penetration of 117
another by any other object; however, sexual battery does not 118
include an act done for a bona fide medical purpose. 119
(f)(e) "Sexual bestiality" means any sexual act, actual or 120
simulated, between a person and an animal involving the sex 121
organ of the one and the mouth, anus, or female genitals vagina 122
of the other. 123
124
For purposes of sentencing under chapter 921 and determining 125
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incentive gain-time eligibility under chapter 944, a felony 126
offense that is reclassified under this section is ranked one 127
level above the ranking under s. 921.0022 or s. 921.0023 of the 128
offense committed. 129
Section 4. Subsections (1), (3), and (8) of section 130
794.011, Florida Statutes, are amended to read: 131
794.011 Sexual battery. — 132
(1) As used in this chapter: 133
(a) "Consent" means intelligent, knowing, and voluntary 134
consent and does not include coerced submission. "Consent" shall 135
not be deemed or construed to mean the failure by the alleged 136
victim to offer physical resistance to the offender. 137
(b) "Female genitals" includes the labia minora, labia 138
majora, vulva, hymen, and vagina. 139
(c)(b) "Mentally defective" means a mental disease or 140
defect which renders a person temporarily or permanently 141
incapable of appraising the nature of his or her conduct. 142
(d)(c) "Mentally incapacitated" means temporarily 143
incapable of appraising or controlling a person's own conduct 144
due to the influence of a narcotic, anesthetic, or intoxicating 145
substance administered without his or her consent or due to any 146
other act committed upon that person without his or her consent. 147
(e)(d) "Offender" means a person accus ed of a sexual 148
offense in violation of a provision of this chapter. 149
(f)(e) "Physically helpless" means unconscious, asleep, or 150
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for any other reason physically unable to communicate 151
unwillingness to an act. 152
(g)(j) "Physically incapacitated" means bodily impaired or 153
handicapped and substantially limited in ability to resist or 154
flee. 155
(h)(f) "Retaliation" includes, but is not limited to, 156
threats of future physical punishment, kidnapping, false 157
imprisonment or forci ble confinement, or extortion. 158
(i)(g) "Serious personal injury" means great bodily harm 159
or pain, permanent disability, or permanent disfigurement. 160
(j)(h) "Sexual battery" means oral, anal, or female 161
genital vaginal penetration by, or union with, the se xual organ 162
of another or the anal or female genital vaginal penetration of 163
another by any other object; however, sexual battery does not 164
include an act done for a bona fide medical purpose. 165
(k)(i) "Victim" means a person who has been the object of 166
a sexual offense. 167
(3) A person who commits sexual battery upon a person 12 168
years of age or older, without that person's consent, and in the 169
process thereof: 170
(a) Uses or threatens to use a deadly weapon ; or 171
(b) Uses actual physical force likely to cause se rious 172
personal injury 173
174
commits a life felony, punishable as provided in s. 775.082, s. 175
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775.083, s. 775.084, or s. 794.0115. 176
(8) Without regard to the willingness or consent of the 177
victim, which is not a defense to prosecution under this 178
subsection, a person who is in a position of familial or 179
custodial authority to a person less than 18 years of age and 180
who: 181
(a) Solicits that person to engage in any act which would 182
constitute sexual battery as defined in this section under 183
paragraph (1)(h) commits a felony of the third degree, 184
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 185
(b) Engages in any act with that person while the person 186
is 12 years of age or older but younger than 18 years of age 187
which constitutes sexual battery as defined in this section 188
under paragraph (1)(h) commits a felony of the first degree, 189
punishable by a term of years not exceeding life or as provided 190
in s. 775.082, s. 775.083, or s. 775.084. 191
(c) Engages in any act with that person while the person 192
is less than 12 years of age which constitutes sexual battery as 193
defined in this section under paragraph (1)(h) , or in an attempt 194
to commit sexual battery injures the sexual organs of such 195
person commits a capital or life felony, punishable pursuant to 196
subsection (2). 197
Section 5. Subsection (10) of section 395.0197, Florida 198
Statutes, is amended to read: 199
395.0197 Internal risk management program. — 200
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(10) Any witness who witnessed or who possesses actual 201
knowledge of the act that is the basis of an allegation of 202
sexual abuse shall: 203
(a) Notify the local police; and 204
(b) Notify the hospital risk manager and the 205
administrator. 206
207
For purposes of this subsection, "sexual abuse" means acts of a 208
sexual nature committed for the sexual gratification of anyone 209
upon, or in the presence of, a vulnerable adult, without the 210
vulnerable adult's informed consent, or a minor. "Sexual abuse" 211
includes, but is not limited to, the acts defined in s. 212
794.011(1)(j) s. 794.011(1)(h), fondling, exposure of a 213
vulnerable adult's or minor's sexual organs, or the use of the 214
vulnerable adult or minor to solicit for or engage in 215
prostitution or sexual performance. "Sexual abuse" does not 216
include any act intended for a valid medical purpose or any act 217
which may reasonably be construed to be a normal ca regiving 218
action. 219
Section 6. Subsection (26) of section 415.102, Florida 220
Statutes, is amended to read: 221
415.102 Definitions of terms used in ss. 415.101 -415.113.—222
As used in ss. 415.101 -415.113, the term: 223
(26) "Sexual abuse" means acts of a sexual nature 224
committed in the presence of a vulnerable adult without that 225
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person's informed consent. "Sexual abuse" includes, but is not 226
limited to, the acts defined in s. 794.011(1)(j) s. 227
794.011(1)(h), fondling, exposure of a vulnerable adult's sexual 228
organs, or the use of a vulnerable adult to solicit for or 229
engage in prostitution or sexual performance. "Sexual abuse" 230
does not include any act intended for a valid medical purpose or 231
any act that may reasonably be cons trued to be normal caregiving 232
action or appropriate display of affection. 233
Section 7. Paragraphs (b) through (j) of subsection (1) of 234
section 827.071, Florida Statutes, are redesignated as 235
paragraphs (c) through (k), respectively, a new paragraph (b) is 236
added to that subsection, and present paragraphs (f), (g), and 237
(j) of that subsection are amended, to read: 238
827.071 Sexual performance by a child; penalties. — 239
(1) As used in this section, the following definitions 240
shall apply: 241
(b) "Female genitals" includes the labia minora, labia 242
majora, vulva, hymen, and vagina. 243
(g)(f) "Sexual battery" means oral, anal, or female 244
genital vaginal penetration by, or union with, the sexual organ 245
of another or the anal or female genital vaginal penetration of 246
another by any other object; however, "sexual battery" does not 247
include an act done for a bona fide medical purpose. 248
(h)(g) "Sexual bestiality" means any sexual act between a 249
person and an animal involving the sex organ of the one and the 250
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mouth, anus, or female genitals vagina of the other. 251
(k)(j) "Simulated" means the explicit depiction of conduct 252
set forth in paragraph (i) (h) which creates the appearance of 253
such conduct and which exhibits any uncovered portion of the 254
breasts, genitals, or buttocks. 255
Section 8. Subsections (6) through (20) of section 256
847.001, Florida Statutes, are renumbered as subsections (7) 257
through (21), respectively, a new subsection (6) is added to 258
that section, and present subsections (14), (15), and (19) of 259
that section are amended, to read: 260
847.001 Definitions. —As used in this chapter, the term: 261
(6) "Female genitals" includes the labia minora, labia 262
majora, vulva, hymen, and vagina. 263
(15)(14) "Sexual battery" means oral, anal, or female 264
genital vaginal penetration by, or union with, the sexual organ 265
of another or the anal or female genital vaginal penetration of 266
another by any other object; however, "sexual battery" does not 267
include an act done for a bona fide medical purpose. 268
(16)(15) "Sexual bestiality" means any sexual act, actual 269
or simulated, between a person and an animal involving the sex 270
organ of the one and the mouth, anus, or female genitals vagina 271
of the other. 272
(20)(19) "Simulated" means the explicit depiction of 273
conduct described in subse ction (17) (16) which creates the 274
appearance of such conduct and which exhibits any uncovered 275
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portion of the breasts, genitals, or buttocks. 276
Section 9. Subsection (1) of section 847.0141, Florida 277
Statutes, is amended to read: 278
847.0141 Sexting; prohib ited acts; penalties. — 279
(1) A minor commits the offense of sexting if he or she 280
knowingly: 281
(a) Uses a computer, or any other device capable of 282
electronic data transmission or distribution, to transmit or 283
distribute to another minor any photograph or vid eo of any 284
person which depicts nudity , as defined in s. 847.001(9), and is 285
harmful to minors, as those terms are defined in s. 847.001 s. 286
847.001(6). 287
(b) Possesses a photograph or video of any person that was 288
transmitted or distributed by another minor w hich depicts 289
nudity, as defined in s. 847.001(9), and is harmful to minors, 290
as those terms are defined in s. 847.001 s. 847.001(6). A minor 291
does not violate this paragraph if all of the following apply: 292
1. The minor did not solicit the photograph or vide o. 293
2. The minor took reasonable steps to report the 294
photograph or video to the minor's legal guardian or to a school 295
or law enforcement official. 296
3. The minor did not transmit or distribute the photograph 297
or video to a third party. 298
Section 10. Section 872.06, Florida Statutes, is amended 299
to read: 300
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872.06 Abuse of a dead human body; penalty. — 301
(1) As used in this section, the term : 302
(a) "Female genitals" includes the labia minora, labia 303
majora, vulva, hymen, and vagina. 304
(b) "Sexual abuse" means: 305
1.(a) Anal or female genital vaginal penetration of a dead 306
human body by the sexual organ of a person or by any other 307
object; 308
2.(b) Contact or union of the penis, female genitals 309
vagina, or anus of a person with the mouth, penis, female 310
genitals vagina, or anus of a dead human body; or 311
3.(c) Contact or union of a person's mouth with the penis, 312
female genitals vagina, or anus of a dead human body. 313
(2) A person who mutilates, commits sexual abuse upon, or 314
otherwise grossly abuses a dead human bo dy commits a felony of 315
the second degree, punishable as provided in s. 775.082, s. 316
775.083, or s. 775.084. Any act done for a bona fide medical 317
purpose or for any other lawful purpose does not under any 318
circumstance constitute a violation of this section. 319
Section 11. This act shall take effect October 1, 2022. 320