Title: Lewd or Lascivious Offenses

Summary: Revises definition of term "sexual activity" for purposes of provisions relating to certain lewd or lascivious offenses.

Full Text:
An act relating to lewd or lascivious offenses; amending and reenacting s. 800.04, F.S.; revising the definition of the term "sexual activity" for purposes of provisions relating to certain lewd or lascivious offenses; providing penalties; providing an effective date. 8 Be It Enacted by the Legislature of the State of Florida: 10 Section 1. Paragraph (a) of subsection (1) of section 800.04, Florida Statutes, is amended, and subsection (4) and paragraph (a) of subsection (7) of that section are reenacted, to read: 800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than years of age.-(1) DEFINITIONS.-As used in this section: (a) "Sexual activity" means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose. (4) LEWD OR LASCIVIOUS BATTERY.-A person who: (a) Engages in sexual activity with a person years of age or older but less than years of age; or (b) Encourages, forces, or entices any person less than years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity 30 commits lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (7) LEWD OR LASCIVIOUS EXHIBITION.-(a) A person who: 1. Intentionally masturbates; 2. Intentionally exposes the genitals in a lewd or lascivious manner; or 3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity 44 in the presence of a victim who is less than years of age, commits lewd or lascivious exhibition. Section 2. This act shall take effect July 1, 2011.