Bill Text: FL S0878 | 2022 | Regular Session | Introduced


Bill Title: Sexual Offenses

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2022-03-14 - Died in Criminal Justice [S0878 Detail]

Download: Florida-2022-S0878-Introduced.html
       Florida Senate - 2022                                     SB 878
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-00888-22                                            2022878__
    1                        A bill to be entitled                      
    2         An act relating to sexual offenses; amending s.
    3         90.404, F.S.; providing that substantial similarity is
    4         not required for the admissibility of certain evidence
    5         in a criminal case in which the defendant is charged
    6         with a sexual offense; amending s. 365.161, F.S.;
    7         revising the definitions of the terms “sexual battery”
    8         and “sexual bestiality”; amending s. 491.0112, F.S.;
    9         revising the definition of the term “sexual
   10         misconduct”; amending s. 775.0847, F.S.; revising the
   11         definitions of the terms “sexual battery” and “sexual
   12         bestiality”; amending s. 775.15, F.S.; providing a
   13         time limitation for the prosecution of specified
   14         sexual battery offenses; providing applicability;
   15         amending s. 794.011, F.S.; defining the term “female
   16         genitals”; revising the definition of the term “sexual
   17         battery”; providing that a person who threatens to use
   18         actual physical force likely to cause serious bodily
   19         injury or death while committing specified sexual
   20         battery offenses commits a life felony; amending ss.
   21         794.05, 796.07, and 800.04, F.S.; revising the
   22         definition of the term “sexual activity”; creating s.
   23         800.06, F.S.; creating the offense of lewd or
   24         lascivious molestation of a person 16 years of age or
   25         older; providing criminal penalties; amending s.
   26         825.1025, F.S.; revising the definition of the term
   27         “sexual activity”; amending s. 872.06, F.S.; revising
   28         the definition of the term “sexual abuse”; amending
   29         ss. 827.071 and 847.001, F.S.; revising the
   30         definitions of the terms “sexual battery” and “sexual
   31         bestiality”; amending s. 944.35, F.S.; revising the
   32         definition of the term “sexual misconduct”; amending
   33         s. 951.27, F.S.; requiring that HIV test results
   34         performed on inmates arrested for sexual offenses
   35         involving female genital penetration be disclosed
   36         under certain circumstances; amending ss. 395.0197 and
   37         415.102, F.S.; conforming cross-references; providing
   38         an effective date.
   39          
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Paragraph (c) of subsection (2) of section
   43  90.404, Florida Statutes, is amended to read:
   44         90.404 Character evidence; when admissible.—
   45         (2) OTHER CRIMES, WRONGS, OR ACTS.—
   46         (c)1. In a criminal case in which the defendant is charged
   47  with a sexual offense, evidence of the defendant’s commission of
   48  other crimes, wrongs, or acts involving a sexual offense is
   49  admissible and may be considered for its bearing on any matter
   50  to which it is relevant.
   51         2. For the purposes of this paragraph, the term “sexual
   52  offense” means conduct proscribed by s. 787.025(2)(c), s.
   53  787.06(3)(b), (d), (f), or (g), former s. 787.06(3)(h), s.
   54  794.011, excluding s. 794.011(10), s. 794.05, former s. 796.03,
   55  former s. 796.035, s. 825.1025(2)(b), s. 827.071, s.
   56  847.0135(5), s. 847.0145, or s. 985.701(1).
   57         3. Substantial similarity is not required for admission of
   58  other crimes, wrongs, or acts when identity is not at issue.
   59         Section 2. Paragraphs (d) and (e) of subsection (1) of
   60  section 365.161, Florida Statutes, are amended to read:
   61         365.161 Prohibition of certain obscene telephone
   62  communications; penalty.—
   63         (1) For purposes of this section, the term:
   64         (d) “Sexual battery” means oral, anal, or female genital
   65  vaginal penetration by, or union with, the sexual organ of
   66  another or the anal or female genital vaginal penetration of
   67  another by any other object.
   68         (e) “Sexual bestiality” means any sexual act between a
   69  person and an animal involving the sex organ of the one and the
   70  mouth, anus, or female genitals vagina of the other.
   71         Section 3. Paragraph (c) of subsection (4) of section
   72  491.0112, Florida Statutes, is amended to read:
   73         491.0112 Sexual misconduct by a psychotherapist;
   74  penalties.—
   75         (4) For the purposes of this section:
   76         (c) “Sexual misconduct” means the oral, anal, or female
   77  genital vaginal penetration of another by, or contact with, the
   78  sexual organ of another or the anal or female genital vaginal
   79  penetration of another by any object.
   80         Section 4. Paragraphs (d) and (e) of subsection (1) of
   81  section 775.0847, Florida Statutes, are amended to read:
   82         775.0847 Possession or promotion of certain images of child
   83  pornography; reclassification.—
   84         (1) For purposes of this section:
   85         (d) “Sexual battery” means oral, anal, or female genital
   86  vaginal penetration by, or union with, the sexual organ of
   87  another or the anal or female genital vaginal penetration of
   88  another by any other object; however, sexual battery does not
   89  include an act done for a bona fide medical purpose.
   90         (e) “Sexual bestiality” means any sexual act, actual or
   91  simulated, between a person and an animal involving the sex
   92  organ of the one and the mouth, anus, or female genitals vagina
   93  of the other.
   94  
   95  For purposes of sentencing under chapter 921 and determining
   96  incentive gain-time eligibility under chapter 944, a felony
   97  offense that is reclassified under this section is ranked one
   98  level above the ranking under s. 921.0022 or s. 921.0023 of the
   99  offense committed.
  100         Section 5. Subsection (21) is added to section 775.15,
  101  Florida Statutes, to read:
  102         775.15 Time limitations; general time limitations;
  103  exceptions.—
  104         (21) In addition to the time periods prescribed in this
  105  section, a prosecution for sexual battery in violation of s.
  106  794.011, where the victim was unaware of the sexual assault due
  107  to the victim being mentally defective, mentally incapacitated,
  108  or physically helpless, may be commenced within 1 year after the
  109  date on which the victim obtains actual knowledge of the offense
  110  or the date on which the offense is reported to law enforcement,
  111  whichever occurs first. Any dissemination of a recording of such
  112  offense before the victim obtains actual knowledge thereof or
  113  before its confiscation by a law enforcement agency does not
  114  affect any provision of this subsection.
  115         Section 6. Subsections (1), (3), and (8) of section
  116  794.011, Florida Statutes, are amended to read:
  117         794.011 Sexual battery.—
  118         (1) As used in this chapter:
  119         (a) “Consent” means intelligent, knowing, and voluntary
  120  consent and does not include coerced submission. “Consent” shall
  121  not be deemed or construed to mean the failure by the alleged
  122  victim to offer physical resistance to the offender.
  123         (b) “Female genitals” means the labia majora, labia minora,
  124  clitoris, vulva, hymen, and vagina.
  125         (c)(b) “Mentally defective” means a mental disease or
  126  defect which renders a person temporarily or permanently
  127  incapable of appraising the nature of his or her conduct.
  128         (d)(c) “Mentally incapacitated” means temporarily incapable
  129  of appraising or controlling a person’s own conduct due to the
  130  influence of a narcotic, anesthetic, or intoxicating substance
  131  administered without his or her consent or due to any other act
  132  committed upon that person without his or her consent.
  133         (e)(d) “Offender” means a person accused of a sexual
  134  offense in violation of a provision of this chapter.
  135         (f)(e) “Physically helpless” means unconscious, asleep, or
  136  for any other reason physically unable to communicate
  137  unwillingness to an act.
  138         (h)(f) “Retaliation” includes, but is not limited to,
  139  threats of future physical punishment, kidnapping, false
  140  imprisonment or forcible confinement, or extortion.
  141         (i)(g) “Serious personal injury” means great bodily harm or
  142  pain, permanent disability, or permanent disfigurement.
  143         (j)(h) “Sexual battery” means oral, anal, or female genital
  144  vaginal penetration by, or union with, the sexual organ of
  145  another or the anal or female genital vaginal penetration of
  146  another by any other object; however, sexual battery does not
  147  include an act done for a bona fide medical purpose.
  148         (k)(i) “Victim” means a person who has been the object of a
  149  sexual offense.
  150         (g)(j) “Physically incapacitated” means bodily impaired or
  151  handicapped and substantially limited in ability to resist or
  152  flee.
  153         (3) A person who commits sexual battery upon a person 12
  154  years of age or older, without that person’s consent, and in the
  155  process thereof uses or threatens to use a deadly weapon or uses
  156  or threatens to use actual physical force likely to cause
  157  serious personal injury or death commits a life felony,
  158  punishable as provided in s. 775.082, s. 775.083, s. 775.084, or
  159  s. 794.0115.
  160         (8) Without regard to the willingness or consent of the
  161  victim, which is not a defense to prosecution under this
  162  subsection, a person who is in a position of familial or
  163  custodial authority to a person less than 18 years of age and
  164  who:
  165         (a) Solicits that person to engage in any act which would
  166  constitute sexual battery as defined in this section under
  167  paragraph (1)(h) commits a felony of the third degree,
  168  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  169         (b) Engages in any act with that person while the person is
  170  12 years of age or older but younger than 18 years of age which
  171  constitutes sexual battery as defined in this section under
  172  paragraph (1)(h) commits a felony of the first degree,
  173  punishable by a term of years not exceeding life or as provided
  174  in s. 775.082, s. 775.083, or s. 775.084.
  175         (c) Engages in any act with that person while the person is
  176  less than 12 years of age which constitutes sexual battery as
  177  defined in this section under paragraph (1)(h), or in an attempt
  178  to commit sexual battery injures the sexual organs of such
  179  person commits a capital or life felony, punishable pursuant to
  180  subsection (2).
  181         Section 7. Subsection (1) of section 794.05, Florida
  182  Statutes, is amended to read:
  183         794.05 Unlawful sexual activity with certain minors.—
  184         (1) A person 24 years of age or older who engages in sexual
  185  activity with a person 16 or 17 years of age commits a felony of
  186  the second degree, punishable as provided in s. 775.082, s.
  187  775.083, or s. 775.084. As used in this section, “sexual
  188  activity” means oral, anal, or female genital vaginal
  189  penetration by, or union with, the sexual organ of another or
  190  the anal or female genital vaginal penetration of another by any
  191  other object; however, sexual activity does not include an act
  192  done for a bona fide medical purpose.
  193         Section 8. Paragraph (d) of subsection (1) of section
  194  796.07, Florida Statutes, is amended to read:
  195         796.07 Prohibiting prostitution and related acts.—
  196         (1) As used in this section:
  197         (d) “Sexual activity” means oral, anal, or female genital
  198  vaginal penetration by, or union with, the sexual organ of
  199  another; anal or female genital vaginal penetration of another
  200  by any other object; or the handling or fondling of the sexual
  201  organ of another for the purpose of masturbation; however, the
  202  term does not include acts done for bona fide medical purposes.
  203         Section 9. Paragraph (a) of subsection (1) of section
  204  800.04, Florida Statutes, is amended to read:
  205         800.04 Lewd or lascivious offenses committed upon or in the
  206  presence of persons less than 16 years of age.—
  207         (1) DEFINITIONS.—As used in this section:
  208         (a) “Sexual activity” means the oral, anal, or female
  209  genital vaginal penetration by, or union with, the sexual organ
  210  of another or the anal or female genital vaginal penetration of
  211  another by any other object; however, sexual activity does not
  212  include an act done for a bona fide medical purpose.
  213         Section 10. Section 800.06, Florida Statutes, is created to
  214  read:
  215         800.06 Lewd or lascivious offenses committed upon persons
  216  16 years of age or older.—
  217         (1) A person who intentionally touches in a lewd or
  218  lascivious manner, and without consent, the breasts, genitals,
  219  genital area, or buttocks, or the clothing covering them, of a
  220  person 16 years of age or older, or forces a person 16 years of
  221  age or older to so touch the perpetrator, commits lewd or
  222  lascivious molestation of a person 16 years of age or older.
  223         (2) A person who violates subsection (1) commits a felony
  224  of the third degree, punishable as provided in s. 775.082, s.
  225  775.083, or s. 775.084.
  226         Section 11. Subsection (1) of section 825.1025, Florida
  227  Statutes, is amended to read:
  228         825.1025 Lewd or lascivious offenses committed upon or in
  229  the presence of an elderly person or disabled person.—
  230         (1) As used in this section, the term “sexual activity”
  231  means the oral, anal, or female genital vaginal penetration by,
  232  or union with, the sexual organ of another or the anal or female
  233  genital vaginal penetration of another by any other object;
  234  however, sexual activity does not include an act done for a bona
  235  fide medical purpose.
  236         Section 12. Subsection (1) of section 872.06, Florida
  237  Statutes, is amended to read:
  238         872.06 Abuse of a dead human body; penalty.—
  239         (1) As used in this section, the term “sexual abuse” means:
  240         (a) Anal or female genital vaginal penetration of a dead
  241  human body by the sexual organ of a person or by any other
  242  object;
  243         (b) Contact or union of the penis, female genitals vagina,
  244  or anus of a person with the mouth, penis, female genitals
  245  vagina, or anus of a dead human body; or
  246         (c) Contact or union of a person’s mouth with the penis,
  247  female genitals vagina, or anus of a dead human body.
  248         Section 13. Paragraphs (f) and (g) of subsection (1) of
  249  section 827.071, Florida Statutes, are amended to read:
  250         827.071 Sexual performance by a child; penalties.—
  251         (1) As used in this section, the following definitions
  252  shall apply:
  253         (f) “Sexual battery” means oral, anal, or female genital
  254  vaginal penetration by, or union with, the sexual organ of
  255  another or the anal or female genital vaginal penetration of
  256  another by any other object; however, “sexual battery” does not
  257  include an act done for a bona fide medical purpose.
  258         (g) “Sexual bestiality” means any sexual act between a
  259  person and an animal involving the sex organ of the one and the
  260  mouth, anus, or female genitals vagina of the other.
  261         Section 14. Subsections (14) and (15) of section 847.001,
  262  Florida Statutes, are amended to read:
  263         847.001 Definitions.—As used in this chapter, the term:
  264         (14) “Sexual battery” means oral, anal, or female genital
  265  vaginal penetration by, or union with, the sexual organ of
  266  another or the anal or female genital vaginal penetration of
  267  another by any other object; however, “sexual battery” does not
  268  include an act done for a bona fide medical purpose.
  269         (15) “Sexual bestiality” means any sexual act, actual or
  270  simulated, between a person and an animal involving the sex
  271  organ of the one and the mouth, anus, or female genitals vagina
  272  of the other.
  273         Section 15. Paragraph (b) of subsection (3) of section
  274  944.35, Florida Statutes, is amended to read:
  275         944.35 Authorized use of force; malicious battery and
  276  sexual misconduct prohibited; reporting required; penalties.—
  277         (3)(b)1. As used in this paragraph, the term “sexual
  278  misconduct” means the oral, anal, or female genital vaginal
  279  penetration by, or union with, the sexual organ of another or
  280  the anal or female genital vaginal penetration of another by any
  281  other object, but does not include an act done for a bona fide
  282  medical purpose or an internal search conducted in the lawful
  283  performance of the employee’s duty.
  284         2. Any employee of the department or a private correctional
  285  facility as defined in s. 944.710 who engages in sexual
  286  misconduct with an inmate or an offender supervised by the
  287  department in the community, without committing the crime of
  288  sexual battery, commits a felony of the third degree, punishable
  289  as provided in s. 775.082, s. 775.083, or s. 775.084.
  290         3. The consent of the inmate or offender supervised by the
  291  department in the community to any act of sexual misconduct may
  292  not be raised as a defense to a prosecution under this
  293  paragraph.
  294         4. This paragraph does not apply to any employee of the
  295  department or any employee of a private correctional facility
  296  who is legally married to an inmate or an offender supervised by
  297  the department in the community, nor does it apply to any
  298  employee who has no knowledge, and would have no reason to
  299  believe, that the person with whom the employee has engaged in
  300  sexual misconduct is an inmate or an offender under community
  301  supervision of the department.
  302         Section 16. Subsection (2) of section 951.27, Florida
  303  Statutes, is amended to read:
  304         951.27 Blood tests of inmates.—
  305         (2) Except as otherwise provided in this subsection,
  306  serologic blood test results obtained pursuant to subsection (1)
  307  are confidential and exempt from the provisions of s. 119.07(1)
  308  and s. 24(a), Art. I of the State Constitution. However, such
  309  results may be provided to employees or officers of the sheriff
  310  or chief correctional officer who are responsible for the
  311  custody and care of the affected inmate and have a need to know
  312  such information, and as provided in ss. 775.0877 and 960.003.
  313  In addition, upon request of the victim or the victim’s legal
  314  guardian, or the parent or legal guardian of the victim if the
  315  victim is a minor, the results of any HIV test performed on an
  316  inmate who has been arrested for any sexual offense involving
  317  oral, anal, or female genital vaginal penetration by, or union
  318  with, the sexual organ of another, must shall be disclosed to
  319  the victim or the victim’s legal guardian, or to the parent or
  320  legal guardian of the victim if the victim is a minor. In such
  321  cases, the county or municipal detention facility shall furnish
  322  the test results to the Department of Health, which is
  323  responsible for disclosing the results to public health agencies
  324  as provided in s. 775.0877 and to the victim or the victim’s
  325  legal guardian, or the parent or legal guardian of the victim if
  326  the victim is a minor, as provided in s. 960.003(3).
  327         Section 17. Subsection (10) of section 395.0197, Florida
  328  Statutes, is amended to read:
  329         395.0197 Internal risk management program.—
  330         (10) Any witness who witnessed or who possesses actual
  331  knowledge of the act that is the basis of an allegation of
  332  sexual abuse shall:
  333         (a) Notify the local police; and
  334         (b) Notify the hospital risk manager and the administrator.
  335  
  336  For purposes of this subsection, “sexual abuse” means acts of a
  337  sexual nature committed for the sexual gratification of anyone
  338  upon, or in the presence of, a vulnerable adult, without the
  339  vulnerable adult’s informed consent, or a minor. “Sexual abuse”
  340  includes, but is not limited to, the acts defined in s.
  341  794.011(1)(j) s. 794.011(1)(h), fondling, exposure of a
  342  vulnerable adult’s or minor’s sexual organs, or the use of the
  343  vulnerable adult or minor to solicit for or engage in
  344  prostitution or sexual performance. “Sexual abuse” does not
  345  include any act intended for a valid medical purpose or any act
  346  which may reasonably be construed to be a normal caregiving
  347  action.
  348         Section 18. Subsection (26) of section 415.102, Florida
  349  Statutes, is amended to read:
  350         415.102 Definitions of terms used in ss. 415.101-415.113.
  351  As used in ss. 415.101-415.113, the term:
  352         (26) “Sexual abuse” means acts of a sexual nature committed
  353  in the presence of a vulnerable adult without that person’s
  354  informed consent. “Sexual abuse” includes, but is not limited
  355  to, the acts defined in s. 794.011(1)(j) s. 794.011(1)(h),
  356  fondling, exposure of a vulnerable adult’s sexual organs, or the
  357  use of a vulnerable adult to solicit for or engage in
  358  prostitution or sexual performance. “Sexual abuse” does not
  359  include any act intended for a valid medical purpose or any act
  360  that may reasonably be construed to be normal caregiving action
  361  or appropriate display of affection.
  362         Section 19. This act shall take effect October 1, 2022.

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