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A bill to be entitled 1
An act relating to sexual offenses definitions; 2
amending s. 39.01, F.S.; defining the term "female 3
genitals" and revising the definition of the term 4
"sexual abuse of a child"; amending s. 365.161, F.S.; 5
defining the term "female genitals" and revising the 6
definitions of the terms "sexual battery" and "sexual 7
bestiality"; amending s. 491.0112, F.S.; defining the 8
term "female genitals" and revising the definition of 9
the term "sexual misconduct"; amending s. 775.0847, 10
F.S.; defining the term "female genitals" and revising 11
the definitions of the terms "sexual battery" and 12
"sexual bestiality"; amending s. 794.011, F.S.; 13
defining the term "female genitals"; revising the 14
definition of the term "sexual battery"; amending ss. 15
794.05, 796.07, 800.04, and 825.1025, F.S .; defining 16
the term "female genitals" and revising the definition 17
of the term "sexual activity"; amending ss. 827.071 18
and 847.001, F.S.; defining the term "female genitals" 19
and revising the definitions of the terms "sexual 20
battery" and "sexual bestiality" ; amending s. 872.06, 21
F.S.; defining the term "female genitals" and revising 22
the definition of the term "sexual abuse"; amending s. 23
944.35, F.S.; defining the term "female genitals" and 24
revising the definition of the term "sexual 25
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misconduct"; amending s. 9 51.27, F.S.; requiring that 26
HIV test results performed on inmates arrested for 27
sexual offenses involving female genital penetration 28
be disclosed under certain circumstances; defining the 29
term "female genitals"; amending ss. 395.0197, 30
415.102, and 847.0141, F.S.; conforming cross -31
references; providing an effective date. 32
33
Be It Enacted by the Legislature of the State of Florida: 34
35
Section 1. Subsection (77) of section 39.01, Florida 36
Statutes, is amended to read: 37
39.01 Definitions.—When used in this chapter, unless the 38
context otherwise requires: 39
(77) "Sexual abuse of a child" for purposes of finding a 40
child to be dependent means one or more of the following acts: 41
(a) Any penetration, however slight, of the female 42
genitals vagina or anal opening of one person by the penis of 43
another person, whether or not there is the emission of semen. 44
(b) Any sexual contact between the genitals or anal 45
opening of one person and the mouth or tongue of another person. 46
(c) Any intrusion by one person into the gen itals or anal 47
opening of another person, including the use of any object for 48
this purpose, except that this does not include any act intended 49
for a valid medical purpose. 50
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(d) The intentional touching of the genitals or intimate 51
parts, including the breas ts, genital area, groin, inner thighs, 52
and buttocks, or the clothing covering them, of either the child 53
or the perpetrator, except that this does not include: 54
1. Any act which may reasonably be construed to be a 55
normal caregiver responsibility, any inter action with, or 56
affection for a child; or 57
2. Any act intended for a valid medical purpose. 58
(e) The intentional masturbation of the perpetrator's 59
genitals in the presence of a child. 60
(f) The intentional exposure of the perpetrator's genitals 61
in the presence of a child, or any other sexual act 62
intentionally perpetrated in the presence of a child, if such 63
exposure or sexual act is for the purpose of sexual arousal or 64
gratification, aggression, degradation, or other similar 65
purpose. 66
(g) The sexual explo itation of a child, which includes the 67
act of a child offering to engage in or engaging in 68
prostitution, or the act of allowing, encouraging, or forcing a 69
child to: 70
1. Solicit for or engage in prostitution; 71
2. Engage in a sexual performance, as defined by chapter 72
827; or 73
3. Participate in the trade of human trafficking as 74
provided in s. 787.06(3)(g). 75
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76
As used in this subsection, the term "female genitals" includes 77
the labia minora, labia majora, clitoris, vulva, hymen, and 78
vagina. 79
Section 2. Subsection (1) of section 365.161, Florida 80
Statutes, is amended to read: 81
365.161 Prohibition of certain obscene telephone 82
communications; penalty. — 83
(1) For purposes of this section, the term: 84
(a)(b) "Deviate sexual intercourse" means sexual conduct 85
between persons consisting of contact between the penis and the 86
anus, the mouth and the penis, or the mouth and the vulva. 87
(b) "Female genitals" includes the labia minora, labia 88
majora, clitoris, vulva, hymen, and vagina. 89
(c)(a) "Obscene" means that status o f a communication 90
which: 91
1. The average person applying contemporary community 92
standards would find, taken as a whole, appeals to the prurient 93
interests; 94
2. Describes, in a patently offensive way, deviate sexual 95
intercourse, sadomasochistic abuse, sexu al battery, bestiality, 96
sexual conduct, or sexual excitement; and 97
3. Taken as a whole, lacks serious literary, artistic, 98
political, or scientific value. 99
(d)(c) "Sadomasochistic abuse" means flagellation or 100
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torture by or upon a person, or the condition of being fettered, 101
bound, or otherwise physically restrained, for the purpose of 102
deriving sexual satisfaction from inflicting harm on another or 103
receiving such harm oneself. 104
(e)(d) "Sexual battery" means oral, anal, or female 105
genital vaginal penetration by, or union with, the sexual organ 106
of another or the anal or female genital vaginal penetration of 107
another by any other object. 108
(f)(e) "Sexual bestiality" means any sexual act between a 109
person and an animal involving the sex organ of the one and the 110
mouth, anus, or female genitals vagina of the other. 111
(g)(f) "Sexual conduct" means actual or simulated sexual 112
intercourse, deviate sexual intercourse, sexual bestiality, 113
masturbation, or sadomasochistic abuse; or any act or conduct 114
which constitutes sexual battery. 115
(h)(g) "Sexual excitement" means the condition of the 116
human male or female genitals when in a state of sexual 117
stimulation or arousal. 118
Section 3. Subsection (4) of section 491.0112, Florida 119
Statutes, is amended to read: 120
491.0112 Sexual misc onduct by a psychotherapist; 121
penalties.— 122
(4) For the purposes of this section , the term: 123
(a)(d) "Client" means a person to whom the services of a 124
psychotherapist are provided. 125
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(b) "Female genitals" includes the labia minora, labia 126
majora, clitoris, vulva, hymen, and vagina. 127
(c)(a) The term "Psychotherapist" means any person 128
licensed pursuant to chapter 458, chapter 459, part I of chapter 129
464, chapter 490, or chapter 491, or any other person who 130
provides or purports to provide treatment, diagnosis, 131
assessment, evaluation, or counseling of mental or emotional 132
illness, symptom, or condition. 133
(d)(c) "Sexual misconduct" means the oral, anal, or female 134
genital vaginal penetration of another by, or contact with, the 135
sexual organ of another or the anal or female genital vaginal 136
penetration of another by any object. 137
(e)(b) "Therapeutic deception" means a representation to 138
the client that sexual contact by the psychotherapist is 139
consistent with or part of the treatment of the client. 140
Section 4. Paragrap hs (c) through (f) of subsection (1) of 141
section 775.0847, Florida Statutes, are redesignated as 142
paragraphs (d) through (g), respectively, a new paragraph (c) is 143
added to that subsection, and present paragraphs (d) and (e) of 144
that subsection are amended, to read: 145
775.0847 Possession or promotion of certain images of 146
child pornography; reclassification. — 147
(1) For purposes of this section: 148
(c) "Female genitals" includes the labia minora, labia 149
majora, clitoris, vulva, hymen, and vagina. 150
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(e)(d) "Sexual battery" means oral, anal, or female 151
genital vaginal penetration by, or union with, the sexual organ 152
of another or the anal or female genital vaginal penetration of 153
another by any other object; however, sexual battery does not 154
include an act done for a bona fide medical purpose. 155
(f)(e) "Sexual bestiality" means any sexual act, actual or 156
simulated, between a person and an animal involving the sex 157
organ of the one and the mouth, anus, or female genitals vagina 158
of the other. 159
160
For purposes of sentencing under chapter 921 and determining 161
incentive gain-time eligibility under chapter 944, a felony 162
offense that is reclassified under this section is ranked on e 163
level above the ranking under s. 921.0022 or s. 921.0023 of the 164
offense committed. 165
Section 5. Subsections (1), (3), and (8) of section 166
794.011, Florida Statutes, are amended to read: 167
794.011 Sexual battery. — 168
(1) As used in this chapter: 169
(a) "Consent" means intelligent, knowing, and voluntary 170
consent and does not include coerced submission. "Consent" shall 171
not be deemed or construed to mean the failure by the alleged 172
victim to offer physical resistance to the offender. 173
(b) "Female genitals" inc ludes the labia minora, labia 174
majora, clitoris, vulva, hymen, and vagina. 175
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(c)(b) "Mentally defective" means a mental disease or 176
defect which renders a person temporarily or permanently 177
incapable of appraising the nature of his or her conduct. 178
(d)(c) "Mentally incapacitated" means temporarily 179
incapable of appraising or controlling a person's own conduct 180
due to the influence of a narcotic, anesthetic, or intoxicating 181
substance administered without his or her consent or due to any 182
other act committed upon that person without his or her consent. 183
(e)(d) "Offender" means a person accused of a sexual 184
offense in violation of a provision of this chapter. 185
(f)(e) "Physically helpless" means unconscious, asleep, or 186
for any other reason physically unable to commu nicate 187
unwillingness to an act. 188
(g)(j) "Physically incapacitated" means bodily impaired or 189
handicapped and substantially limited in ability to resist or 190
flee. 191
(h)(f) "Retaliation" includes, but is not limited to, 192
threats of future physical punishment, kidnapping, false 193
imprisonment or forcible confinement, or extortion. 194
(i)(g) "Serious personal injury" means great bodily harm 195
or pain, permanent disability, or permanent disfigurement. 196
(j)(h) "Sexual battery" means oral, anal, or female 197
genital vaginal penetration by, or union with, the sexual organ 198
of another or the anal or female genital vaginal penetration of 199
another by any other object; however, sexual battery does not 200
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include an act done for a bona fide medical purpose. 201
(k)(i) "Victim" means a person who has been the object of 202
a sexual offense. 203
(3) A person who commits sexual battery upon a person 12 204
years of age or older, without that person's consent, and in the 205
process thereof: 206
(a) Uses or threatens to use a deadly weapon ; or 207
(b) Uses actual physical force likely to cause serious 208
personal injury 209
210
commits a life felony, punishable as provided in s. 775.082, s. 211
775.083, s. 775.084, or s. 794.0115. 212
(8) Without regard to the willingness or consent of the 213
victim, which is not a defense to prosecution under this 214
subsection, a person who is in a position of familial or 215
custodial authority to a person less than 18 years of age and 216
who: 217
(a) Solicits that person to engage in any act which would 218
constitute sexual battery under paragraph (1)(h) commits a 219
felony of the third degree, punishable as provided in s. 220
775.082, s. 775.083, or s. 775.084. 221
(b) Engages in any act with that person while the person 222
is 12 years of age or older but younger than 18 years of age 223
which constitutes sexual battery under paragraph (1)(h) commits 224
a felony of the first degree, punishable by a term of years not 225
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exceeding life or as provided in s. 775.082, s. 775.083, or s. 226
775.084. 227
(c) Engages in any act with that person while the person 228
is less than 12 years of age w hich constitutes sexual battery 229
under paragraph (1)(h) , or in an attempt to commit sexual 230
battery injures the sexual organs of such person commits a 231
capital or life felony, punishable pursuant to subsection (2). 232
Section 6. Subsections (2) through (4) of section 794.05, 233
Florida Statutes, are renumbered as subsections (3) through (5), 234
respectively, and subsection (1) of that section is amended to 235
read: 236
794.05 Unlawful sexual activity with certain minors. — 237
(1) A person 24 years of age or older who eng ages in 238
sexual activity with a person 16 or 17 years of age commits a 239
felony of the second degree, punishable as provided in s. 240
775.082, s. 775.083, or s. 775.084. 241
(2) As used in this section, the term: 242
(a) "Female genitals" includes the labia minora, labia 243
majora, clitoris, vulva, hymen, and vagina. 244
(b) "Sexual activity" means oral, anal, or female genital 245
vaginal penetration by, or union with, the sexual organ of 246
another or the anal or female genital vaginal penetration of 247
another by any other objec t; however, sexual activity does not 248
include an act done for a bona fide medical purpose. 249
Section 7. Paragraphs (a) through (d) of subsection (1) of 250
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section 796.07, Florida Statutes, are redesignated as paragraphs 251
(b) through (e), respectively, a new p aragraph (a) is added to 252
that subsection, and present paragraph (d) of that subsection is 253
amended, to read: 254
796.07 Prohibiting prostitution and related acts. — 255
(1) As used in this section: 256
(a) "Female genitals" includes the labia minora, labia 257
majora, clitoris, vulva, hymen, and vagina. 258
(e)(d) "Sexual activity" means oral, anal, or female 259
genital vaginal penetration by, or union with, the sexual organ 260
of another; anal or female genital vaginal penetration of 261
another by any other object; or the handling or fondling of the 262
sexual organ of another for the purpose of masturbation; 263
however, the term does not include acts done for bona fide 264
medical purposes. 265
Section 8. Subsection (1) of section 8 00.04, Florida 266
Statutes, is amended to read: 267
800.04 Lewd or lascivious offenses committed upon or in 268
the presence of persons less than 16 years of age. — 269
(1) DEFINITIONS.—As used in this section: 270
(a)(c) "Coercion" means the use of exploitation, bribes , 271
threats of force, or intimidation to gain cooperation or 272
compliance. 273
(b) "Consent" means intelligent, knowing, and voluntary 274
consent, and does not include submission by coercion. 275
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(c) "Female genitals" includes the labia minora, labia 276
majora, clitoris, vulva, hymen, and vagina. 277
(d)(a) "Sexual activity" means the oral, anal, or female 278
genital vaginal penetration by, or union with, the sexual organ 279
of another or the anal or female genital vaginal penetration of 280
another by any other object; however, sex ual activity does not 281
include an act done for a bona fide medical purpose. 282
(e)(d) "Victim" means a person upon whom an offense 283
described in this section was committed or attempted or a person 284
who has reported a violation of this section to a law 285
enforcement officer. 286
Section 9. Subsection (1) of section 825.1025, Florida 287
Statutes, is amended to read: 288
825.1025 Lewd or lascivious offenses committed upon or in 289
the presence of an elderly person or disabled person. — 290
(1) As used in this section, the term: 291
(a) "Female genitals" includes the labia minora, labia 292
majora, clitoris, vulva, hymen, and vagina. 293
(b) "Sexual activity" means the oral, anal, or female 294
genital vaginal penetration by, or union with, the sexual organ 295
of another or the anal or female genital vaginal penetration of 296
another by any other object; however, sexual activity does not 297
include an act done for a bona fide medical purpose. 298
Section 10. Paragraphs (b) through (j) of subsection (1) 299
of section 827.071, Florida Statutes, are redesi gnated as 300
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paragraphs (c) through (k), respectively, a new paragraph (b) is 301
added to that subsection, and present paragraphs (f), (g), and 302
(j) of that subsection are amended, to read: 303
827.071 Sexual performance by a child; penalties. — 304
(1) As used in this section, the following definitions 305
shall apply: 306
(b) "Female genitals" includes the labia minora, labia 307
majora, clitoris, vulva, hymen, and vagina. 308
(g)(f) "Sexual battery" means oral, anal, or female 309
genital vaginal penetration by, or union with, the sexual organ 310
of another or the anal or female genital vaginal penetration of 311
another by any other object; however, "sexual battery" does not 312
include an act done for a bona fide medical purpose. 313
(h)(g) "Sexual bestiality" means any sexual act between a 314
person and an animal involving the sex organ of the one and the 315
mouth, anus, or female genitals vagina of the other. 316
(k)(j) "Simulated" means the explicit depiction of conduct 317
set forth in paragraph (i) (h) which creates the appearance of 318
such conduct and which exhibits any uncovered portion of the 319
breasts, genitals, or buttocks. 320
Section 11. Subsections (6) through (20) of section 321
847.001, Florida Statutes, are renumbered as subsections (7) 322
through (21), respectively, a new subsection (6) is added to 323
that section, and present subsections (14), (15), and (19) of 324
that section are amended, to read: 325
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847.001 Definitions. —As used in this chapter, the term: 326
(6) "Female genitals" includes the labia minor a, labia 327
majora, clitoris, vulva, hymen, and vagina. 328
(15)(14) "Sexual battery" means oral, anal, or female 329
genital vaginal penetration by, or union with, the sexual organ 330
of another or the anal or female genital vaginal penetration of 331
another by any other object; however, "sexual battery" does not 332
include an act done for a bona fide medical purpose. 333
(16)(15) "Sexual bestiality" means any sexual act, actual 334
or simulated, between a person and an animal involving the sex 335
organ of the one and the mouth, anus, or female genitals vagina 336
of the other. 337
(20)(19) "Simulated" means the explicit depiction of 338
conduct described in subsection (17) (16) which creates the 339
appearance of such conduct and which exhibits any uncovered 340
portion of the breasts, genitals, or buttocks. 341
Section 12. Section 872.06, Florida Statutes, is amended 342
to read: 343
872.06 Abuse of a dead human body; penalty. — 344
(1) As used in this section, the term : 345
(a) "Female genitals" includes the labia minora, lab ia 346
majora, clitoris, vulva, hymen, and vagina. 347
(b) "Sexual abuse" means: 348
1.(a) Anal or female genital vaginal penetration of a dead 349
human body by the sexual organ of a person or by any other 350
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object; 351
2.(b) Contact or union of the penis, female genitals 352
vagina, or anus of a person with the mouth, penis, female 353
genitals vagina, or anus of a dead human body; or 354
3.(c) Contact or union of a person's mouth with the penis, 355
female genitals vagina, or anus of a dead human body. 356
(2) A person who mutilates, c ommits sexual abuse upon, or 357
otherwise grossly abuses a dead human body commits a felony of 358
the second degree, punishable as provided in s. 775.082, s. 359
775.083, or s. 775.084. Any act done for a bona fide medical 360
purpose or for any other lawful purpose doe s not under any 361
circumstance constitute a violation of this section. 362
Section 13. Paragraph (b) of subsection (3) of section 363
944.35, Florida Statutes, is amended to read: 364
944.35 Authorized use of force; malicious battery and 365
sexual misconduct prohibit ed; reporting required; penalties. — 366
(3) 367
(b)1. As used in this paragraph, the term : 368
a. "Female genitals" includes the labia minora, labia 369
majora, clitoris, vulva, hymen, and vagina. 370
b. "Sexual misconduct" means the oral, anal, or female 371
genital vaginal penetration by, or union with, the sexual organ 372
of another or the anal or female genital vaginal penetration of 373
another by any other object, but does not include an act done 374
for a bona fide medical purpose or an internal search conducted 375
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in the lawful performance of the employee's duty. 376
2. Any employee of the department or a private 377
correctional facility as defined in s. 944.710 who engages in 378
sexual misconduct with an inmate or an offender supervised by 379
the department in the community, without committ ing the crime of 380
sexual battery, commits a felony of the third degree, punishable 381
as provided in s. 775.082, s. 775.083, or s. 775.084. 382
3. The consent of the inmate or offender supervised by the 383
department in the community to any act of sexual misconduct may 384
not be raised as a defense to a prosecution under this 385
paragraph. 386
4. This paragraph does not apply to any employee of the 387
department or any employee of a private correctional facility 388
who is legally married to an inmate or an offender supervised by 389
the department in the community, nor does it apply to any 390
employee who has no knowledge, and would have no reason to 391
believe, that the person with whom the employee has engaged in 392
sexual misconduct is an inmate or an offender under community 393
supervision of the department. 394
Section 14. Subsection (2) of section 951.27, Florida 395
Statutes, is amended to read: 396
951.27 Blood tests of inmates. — 397
(2) Except as otherwise provided in this subsection, 398
serologic blood test results obtained pursuant to subsection ( 1) 399
are confidential and exempt from the provisions of s. 119.07(1) 400
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and s. 24(a), Art. I of the State Constitution. However, such 401
results may be provided to employees or officers of the sheriff 402
or chief correctional officer who are responsible for the 403
custody and care of the affected inmate and have a need to know 404
such information, and as provided in ss. 775.0877 and 960.003. 405
In addition, upon request of the victim or the victim's legal 406
guardian, or the parent or legal guardian of the victim if the 407
victim is a minor, the results of any HIV test performed on an 408
inmate who has been arrested for any sexual offense involving 409
oral, anal, or female genital vaginal penetration by, or union 410
with, the sexual organ of another, must shall be disclosed to 411
the victim or the victim's legal guardian, or to the parent or 412
legal guardian of the victim if the victim is a minor. In such 413
cases, the county or municipal detention facility shall furnish 414
the test results to the Department of Health, which is 415
responsible for disclosing the results to public health agencies 416
as provided in s. 775.0877 and to the victim or the victim's 417
legal guardian, or the parent or legal guardian of the victim if 418
the victim is a minor, as provided in s. 960.003(3). As used in 419
this subsection, the term " female genitals" includes the labia 420
minora, labia majora, clitoris, vulva, hymen, and vagina. 421
Section 15. Subsection (10) of section 395.0197, Florida 422
Statutes, is amended to read: 423
395.0197 Internal risk management program. — 424
(10) Any witness who witnessed or who possesses actual 425
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knowledge of the act that is the basis of an allegation of 426
sexual abuse shall: 427
(a) Notify the local police; and 428
(b) Notify the hospital risk manager and the 429
administrator. 430
431
For purposes of this su bsection, "sexual abuse" means acts of a 432
sexual nature committed for the sexual gratification of anyone 433
upon, or in the presence of, a vulnerable adult, without the 434
vulnerable adult's informed consent, or a minor. "Sexual abuse" 435
includes, but is not limite d to, the acts defined in s. 436
794.011(1)(j) s. 794.011(1)(h), fondling, exposure of a 437
vulnerable adult's or minor's sexual organs, or the use of the 438
vulnerable adult or minor to solicit for or engage in 439
prostitution or sexual performance. "Sexual abuse" doe s not 440
include any act intended for a valid medical purpose or any act 441
which may reasonably be construed to be a normal caregiving 442
action. 443
Section 16. Subsection (26) of section 415.102, Florida 444
Statutes, is amended to read: 445
415.102 Definitions of ter ms used in ss. 415.101 -415.113.—446
As used in ss. 415.101 -415.113, the term: 447
(26) "Sexual abuse" means acts of a sexual nature 448
committed in the presence of a vulnerable adult without that 449
person's informed consent. "Sexual abuse" includes, but is not 450
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limited to, the acts defined in s. 794.011(1)(j) s. 451
794.011(1)(h), fondling, exposure of a vulnerable adult's sexual 452
organs, or the use of a vulnerable adult to solicit for or 453
engage in prostitution or sexual performance. "Sexual abuse" 454
does not include any act intended for a valid medical purpose or 455
any act that may reasonably be construed to be normal caregiving 456
action or appropriate display of affection. 457
Section 17. Subsection (1) of section 847.0141, Florida 458
Statutes, is amended to read: 459
847.0141 Sexting; prohibited acts; penalties. — 460
(1) A minor commits the offense of sexting if he or she 461
knowingly: 462
(a) Uses a computer, or any other device capable of 463
electronic data transmission or distribution, to transmit or 464
distribute to another minor any photogra ph or video of any 465
person which depicts nudity , as defined in s. 847.001(9), and is 466
harmful to minors, as those terms are defined in s. 847.001 s. 467
847.001(6). 468
(b) Possesses a photograph or video of any person that was 469
transmitted or distributed by anothe r minor which depicts 470
nudity, as defined in s. 847.001(9), and is harmful to minors, 471
as those terms are defined in s. 847.001 s. 847.001(6). A minor 472
does not violate this paragraph if all of the following apply: 473
1. The minor did not solicit the photograp h or video. 474
2. The minor took reasonable steps to report the 475
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photograph or video to the minor's legal guardian or to a school 476
or law enforcement official. 477
3. The minor did not transmit or distribute the photograph 478
or video to a third party. 479
Section 18. This act shall take effect October 1, 2022. 480