Florida HB 1525: Misconduct by Law Enforcement Officers

Bill Text

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An act relating to lewd or lascivious acts; repealing 2
s. 800.02, F.S., relating to unnatural and lascivious 3
acts; creating s. 800.035, F.S.; prohibiting a person 4
from intentionally exposing or exhibiting his or her 5
sexual organs in a lewd or lascivious manner while 6
observing a child under 16 years of age or performing 7
specified sexual acts while observing a child under 16 8
years of age for a specified purpose; defining the 9
term "observing"; providing a criminal penalty; 10
prohibiting a certain defense from being raised; 11
providing exceptions; amending ss. 914.16 and 933.18, 12
F.S.; conforming cross-references; providing an 13
effective date. 14
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Be It Enacted by the Legislature of the State of Florida: 16
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Section 1. Section 800.02, Florida Statutes, is repealed. 18
Section 2. Section 800.035, Florida Statutes, is created 19
to read: 20
800.035 Indecent exposure of sexual organs while observing 21
a child.— 22
(1) A person commits the offense of indecent exposure of 23
sexual organs while observing a child if that person, while 24
observing a child under 16 years of age for the purpose of his 25

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or her own sexual arousal or gratification: 26
(a) Intentionally exposes his or her sexual organs in a 27
lewd or lascivious manner; or 28
(b) Intentionally performs any sexual act that does not 29
involve actual physical or sexual contact with the child, 30
including, but not limited to, sadomasochistic abuse, sexual 31
bestiality, masturbation, or the simulation of any act involving 32
sexual activity. 33
(2) For the purposes of this section, the term "observing" 34
means intentionally viewing another person under circumstances 35
in which the offender is reasonably capable of being seen by the 36
person being viewed. 37
(3) A person who commits indecent exposure of sexual 38
organs while observing a child commits a felony of the third 39
degree, punishable as provided in s. 775.082, s. 775.083, or s. 40
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 49
or set apart for that purpose. 50

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Section 3. Section 914.16, Florida Statutes, is amended to 51
read: 52
914.16 Child abuse and sexual abuse of victims under age 53
16 or who have an intellectual disability; limits on 54
interviews.—The chief judge of each judicial circuit, after 55
consultation with the state attorney and the public defender for 56
the judicial circuit, the appropriate chief law enforcement 57
officer, and any other person deemed appropriate by the chief 58
judge, shall order reasonable limits on the number of interviews 59
which a victim of a violation of s. 794.011, s. 800.04, s. 60
827.03, or s. 847.0135(5) who is under 16 years of age or a 61
victim of a violation of s. 794.011, s. 800.02, s. 800.03, or s. 62
825.102 who has an intellectual disability as defined in s. 63
393.063 must submit to for law enforcement or discovery 64
purposes. To the extent possible, the order must protect the 65
victim from the psychological damage of repeated interrogations 66
while preserving the rights of the public, the victim, and the 67
person charged 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

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being committed there: 76
(b) Commission of an unnatural and lascivious act with a 77
child, in violation of s. 800.02. 78
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If, during a search pursuant to a warrant issued under this 80
section, a child is discovered and appears to be in imminent 81
danger, the law enforcement officer conducting such s