Title: Sexual Misconduct Battery

Summary: Defines offense of sexual misconduct battery.

Full Text:
An act relating to sexual misconduct battery; amending s. 784.041, F.S.; defining the offense of sexual misconduct battery; providing criminal penalties; amending ss. 775.0861, 921.0022, and 943.0584, F.S.; conforming provisions to changes made by the act; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (3) of section 784.041, Florida Statutes, is renumbered as subsection (4) and amended, and a new subsection (3) is added to that section, to read: 784.041 Felony battery; domestic battery by strangulation;sexual misconduct battery.-(3)(a) A person commits sexual misconduct battery if he or she: 1. Actually and intentionally touches or strikes another person against the will of the other person; and 2. Touches the sexual organ or anus of the other person. (b) This subsection does not apply to any act of medical diagnosis, treatme nt, or prescription that is authorized under the laws of this state. (4)(3) A person who commits felony battery,or domestic battery by strangulation,or sexual misconduct battery commits a HB 2022 felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Section 2. Paragraph (d) of subsection (2) of section 775.0861, Florida Statutes, is amended to read: 775.0861 Offenses against persons on the grounds of religious institutions; reclassification.-(2) The felony or misd emeanor degree of any violation of: (d) Section 784.041, relating to felony battery,domestic battery by strangulation, and sexual misconduct battery;shall be reclassified as provided in this section if the offense is committed on the property of a rel igious institution while the victim is on the property for the purpose of participating in or attending a religious service. Section 3. Paragraph (f) of subsection (3) of section 921.0022, Florida Statutes, is amended to read: 921.0022 Criminal Punishment Code; offense severity ranking chart.-(3) OFFENSE SEVERITY RANKING CHART (f) LEVEL Florida Statute Felony Degree Description 316.027(2)(b) 2nd Leaving the scene of a crash HB 2022 involving serious bodily injury. 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction. 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license. 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transact ion statement. 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person. 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person. 775.0875(1) 3rd Taking firearm from law enforcement officer. HB 2022 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill. 784.021(1)(b) 3rd Aggravated assault; intent to commit felony. 784.041 3rd Felony battery; domestic battery by strangulation;sexual misconduct battery.784.048(3) 3rd Aggravated stalking; credible threat. 784.048(5) 3rd Aggravated stalking of person under 16. 784.07(2)(c) 2nd Aggravated assault on law enforcement officer. 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff. 784.08(2)(b) 2nd Aggravated assault on a person HB 2022 years of age or older. 784.081(2) 2nd Aggravated assault on specified official or employee. 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee. 784.083(2) 2nd Aggravated assault on code inspector. 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01. 790.115(2)(d) 2nd Discharging firearm or weapon on school property. 790.161(2) 2nd Make, possess, or throw destructive dev ice with intent to do bodily harm or damage property. 790.164(1) 2nd False report concerning bomb, HB 2022 explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner. 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult. 794.05(1) 2nd Unlawful sexual activity with specified minor. 800.04(5)(d) 3rd Lewd or lascivious molestation; victim years of age or older but less than years of age; offender less than years. 800.04(6)(b) 2nd Lewd or lascivious conduct; offender years of age or older. HB 2022 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person. 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery. 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense. 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others. 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction. 812.015(9)(b) 2nd Retail theft; aggregated HB 2022 property stolen within days is $3,000 or more; coordination of others. 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery). 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephon es. 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death. 817.505(4)(b) 2nd Patient brokering; or more patients. 825.102(1) 3rd Abuse of an elderly person or disabled adult. 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult. 825.1025(3) 3rd Lewd or lascivious molestation HB 2022 of an elderly person or disabled adult. 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000. 827.03(2)(c) 3rd Abuse of a child. 827.03(2)(d) 3rd Neglect of a child. 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance. 836.05 2nd Threats; extortion. 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism. 843.12 3rd Aids or assists person to escape. HB 2022 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. 847.012 3rd Knowingly using a minor in the production of materials harmful to minors. 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury. 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. 944.40 2nd Escapes. HB 2022 944.46 3rd Harboring, concealing, aiding escaped prisoners. 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility. 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility. Section 4. Paragraph (h) of subsection (2) of section 943.0584, Florida Statutes, is amended to read: 943.0584 Criminal history records ineligible for court ordered expunction or court-ordered sealing.-(2) A criminal history record is ineligible for a certificate of eligibility for expunction or a court-ordered expunction pursuant to s. 943.0585 or a certificate of eligibility for sealing or a court-ordered sealing pursuant to s. 943.059 if the record is a conviction for any of the following offenses: (h) Felony battery, domestic battery by strangulation or sexual misconduct battery,or aggravated battery, as defined in ss. 784.03, 784.041, and 784.045, respectively; Section 5. This act shall take effect October 1, 2022.