THE BILL ITSELF
CS/CS/HB 1525
Lewd or Lascivious Acts
2
An act relating to lewd or lascivious acts; repealing
3
s. 800.02, F.S., relating to unnatural and lascivious
4
acts; creating s. 800.035, F.S.; prohibiting a person
5
from intentionally exposing or exhibiting his or her
6
sexual organs in a lewd or lascivious manner while
7
observing a child under 16 years of age or performing
8
specified sexual acts while observing a child under 16
9
years of age for a specified purpose; defining the
10
term "observing"; providing a criminal penalty;
11
prohibiting a certain defense from being raised;
12
providing exceptions; amending ss. 914.16 and 933.18,
13
F.S.; conforming cross-references; providing an
14
effective date.
16
Be It Enacted by the Legislature of the State of Florida:
18
Section 1. Section 800.02, Florida Statutes, is repealed.
19
Section 2. Section 800.035, Florida Statutes, is created
20
to read:
21
800.035 Indecent exposure of sexual organs while observing
22
a child.—
23
(1) A person commits the offense of indecent exposure of
24
sexual organs while observing a child if that person, while
25
observing a child under 16 years of age for the purpose of his
26
or her own sexual arousal or gratification:
27
(a) Intentionally exposes his or her sexual organs in a
28
lewd or lascivious manner; or
29
(b) Intentionally performs any sexual act that does not
30
involve actual physical or sexual contact with the child,
31
including, but not limited to, sadomasochistic abuse, sexual
32
bestiality, masturbation, or the simulation of any act involving
33
sexual activity.
34
(2) For the purposes of this section, the term "observing"
35
means intentionally viewing another person under circumstances
36
in which the offender is reasonably capable of being seen by the
37
person being viewed.
38
(3) A person who commits indecent exposure of sexual
39
organs while observing a child commits a felony of the third
40
degree, punishable as provided in s. 775.082, s. 775.083, or s.
41
775.084.
42
(4) It is not a defense under this section that the person
43
being observed was not aware of any specific conduct on the part
44
of the offender or did not see the offender's sexual organs.
45
(5) A person does not commit the offense of indecent
46
exposure of sexual organs while observing a child if the person
47
is either of the following:
48
(a) A mother who is breastfeeding her baby.
49
(b) An individual who is merely nude in a place provided
50
or set apart for that purpose.
51
Section 3. Section 914.16, Florida Statutes, is amended to
52
read:
53
914.16 Child abuse and sexual abuse of victims under age
54
16 or who have an intellectual disability; limits on
55
interviews.—The chief judge of each judicial circuit, after
56
consultation with the state attorney and the public defender for
57
the judicial circuit, the appropriate chief law enforcement
58
officer, and any other person deemed appropriate by the chief
59
judge, shall order reasonable limits on the number of interviews
60
which a victim of a violation of s. 794.011, s. 800.04, s.
61
827.03, or s. 847.0135(5) who is under 16 years of age or a
62
victim of a violation of s. 794.011, s. 800.02, s. 800.03, or s.
63
825.102 who has an intellectual disability as defined in s.
64
393.063 must submit to for law enforcement or discovery
65
purposes. To the extent possible, the order must protect the
66
victim from the psychological damage of repeated interrogations
67
while preserving the rights of the public, the victim, and the
68
person charged with the violation.
69
Section 4. Paragraph (b) of subsection (7) of section
70
933.18, Florida Statutes, is amended to read:
71
933.18 When warrant may be issued for search of private
72
dwelling.—No search warrant shall issue under this chapter or
73
under any other law of this state to search any private dwelling
74
occupied as such unless:
75
(7) One or more of the following child abuse offenses is
76
being committed there:
77
(b) Commission of an unnatural and lascivious act with a
78
child, in violation of s. 800.02.
80
If, during a search pursuant to a warrant issued under this
81
section, a child is discovered and appears to be in imminent
82
danger, the law enforcement officer conducting such search may
83
remove the child from the private dwelling and take the child
84
into protective custody pursuant to chapter 39. The term
85
"private dwelling" shall be construed to include the room or
86
rooms used and occupied, not transiently but solely as a
87
residence, in an apartment house, hotel, boardinghouse, or
88
lodginghouse. No warrant shall be issued for the search of any
89
private dwelling under any of the conditions hereinabove
90
mentioned except on sworn proof by affidavit of some creditable
91
witness that he or she has reason to believe that one of said
92
conditions exists, which affidavit shall set forth the facts on
93
which such reason for belief is based.
94
Section 5. This act shall take effect October 1, 2026.