Florida SB 1742: Use of Deadly Force

Bill Text

1742 
Indecent Exposure of Sexual Organs While Observing a Child 
2026-02-26T08:21:13Z 
Repealing a provision relating to unnatural and lascivious acts; prohibiting a person from, for a specified purpose, intentionally exposing his or her sexual organs in a lewd or lascivious manner or intentionally performing specified sexual acts while observing a child under 16 years of age; providing criminal penalties; specifying what does not constitute a defense to committing such offense, etc. 
Committee Substitute 2 
2026 
S 
2026-10-01T00:00:00Z 
GB 
General Bill 
c2 

 Florida Senate - 2026 CS for CS for SB 1742 

 By the Appropriations Committee on Criminal and Civil Justice; 
 the Committee on Criminal Justice; and Senator Martin 

 604-03224-26 20261742c2 
 1 A bill to be entitled 
 2 An act relating to indecent exposure of sexual organs 
 3 while observing a child; repealing s. 800.02, F.S., 
 4 relating to unnatural and lascivious acts; creating s. 
 5 800.035, F.S.; defining the term “observing”; 
 6 prohibiting a person from, for a specified purpose, 
 7 intentionally exposing his or her sexual organs in a 
 8 lewd or lascivious manner or intentionally performing 
 9 specified sexual acts while observing a child under 16 
 10 years of age; providing criminal penalties; specifying 
 11 what does not constitute a defense to committing such 
 12 offense; providing exceptions; amending ss. 914.16 and 
 13 933.18, F.S.; conforming provisions to changes made by 
 14 the act; providing an effective date. 
 15 
 16 Be It Enacted by the Legislature of the State of Florida: 
 17 
 18 Section 1. Section 800.02, Florida Statutes, is repealed. 
 19 Section 2. Section 800.035, Florida Statutes, is created to 
 20 read: 
 21 800.035 Indecent exposure of sexual organs while observing 
 22 a child.— 
 23 (1) As used in this section, the term “observing” means 
 24 intentionally viewing another person under circumstances in 
 25 which the offender is reasonably capable of being seen by the 
 26 person being viewed. 
 27 (2) A person commits the offense of indecent exposure while 
 28 observing a child if that person, while observing a child under 
 29 16 years of age, for the purpose of his or her own sexual 
 30 arousal or gratification: 
 31 (a) Intentionally exposes a sexual organ in a lewd or 
 32 lascivious manner; or 
 33 (b) Intentionally performs any sexual act that does not 
 34 involve actual physical or sexual contact with the child, 
 35 including, but not limited to, sadomasochistic abuse, sexual 
 36 bestiality, masturbation, or the simulation of any act involving 
 37 sexual activity. 
 38 (3) A person who violates subsection (2) commits a felony 
 39 of the third degree, punishable as provided in s. 775.082, s. 
 40 775.083, or s. 775.084. 
 41 (4) It is not a defense under this section that the person 
 42 being observed was not aware of any specific conduct on the part 
 43 of the offender or did not see the offender’s sexual organs. 
 44 (5) A person does not commit the offense of indecent 
 45 exposure of sexual organs while observing a child if the person 
 46 is either of the following: 
 47 (a) A mother who is breastfeeding her baby. 
 48 (b) An individual who is merely nude in a place provided or 
 49 set apart for that purpose. 
 50 Section 3. Section 914.16, Florida Statutes, is amended to 
 51 read: 
 52 914.16 Child abuse and sexual abuse of victims under age 16 
 53 or who have an intellectual disability; limits on interviews. 
 54 The chief judge of each judicial circuit, after consultation 
 55 with the state attorney and the public defender for the judicial 
 56 circuit, the appropriate chief law enforcement officer, and any 
 57 other person deemed appropriate by the chief judge, shall order 
 58 reasonable limits on the number of interviews which a victim of 
 59 a violation of s. 794.011, s. 800.04, s. 827.03, or s. 
 60 847.0135(5) who is under 16 years of age or a victim of a 
 61 violation of s. 794.011, s. 800.02, s. 800.03, or s. 825.102 who 
 62 has an intellectual disability as defined in s. 393.063 must 
 63 submit to for law enforcement or discovery purposes. To the 
 64 extent possible, the order must protect the victim from the 
 65 psychological damage of repeated interrogations while preserving 
 66 the rights of the public, the victim, and the person charged 
 67 with the violation. 
 68 Section 4. Paragraph (b) of subsection (7) of section 
 69 933.18, Florida Statutes, is amended to read: 
 70 933.18 When warrant may be issued for search of private 
 71 dwelling.—No search warrant shall issue under this chapter or 
 72 under any other law of this state to search any private dwelling 
 73 occupied as such unless: 
 74 (7) One or more of the following child abuse offenses is 
 75 being committed there: 
 76 (b) Commission of an unnatural and lascivious act with a 
 77 child, in violation of s. 800.02. 
 78 
 79 If, during a search pursuant to a warrant issued under this 
 80