Senate Bill 692 (2022) — Sexual offenses definitions
SB 692
Florida Bills
Florida Senate - 2022 SB 692 By Senator Stewart 13-00876-22 2022692__ Page 1 of 12 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to sexual offenses
definitions; 2 amending s. 39.01, F.S.; creating and revising a 3 definition relating to sexual abuse of a child; 4 amending ss. 365.161 and 775.0847, F.S.; creating and 5 revising
definitions relating to obscene telephone 6 communications and possession or promotion of certain 7 images of child pornography, respectively; amending s. 8 794.011, F.S.; creating and revising
definitions 9 relating to sexual battery; conforming provisions to 10 changes made by the act; amending ss. 827.071 and 11 847.001, F.S.; creating and revising
definitions 12 relating to sexual performance by a child and 13 obscenity
definitions, respectively; amending s. 14 872.06, F.S.; creating and revising
definitions 15 relating to abuse of a dead human body; amending ss. 16 288.1254, 395.0197, 415.102, and 847.0141, F.S.; 17 conforming cross-references; providing an effective 18 date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22
Section 1. Subsection (77) of
section 39.01, Florida 23 Statutes, is amended to read: 24 39.01
Definitions.—When used in this chapter, unless the 25 context otherwise requires: 26 (77) “Sexual abuse of a child” for purposes of finding a 27 child to be dependent means one or more of the following acts: 28 (
a) Any penetration, however slight, of the genitals vagina 29
Florida Senate - 2022 SB 692 13-00876-22 2022692__ Page 2 of 12 CODING: Words stricken are deletions; words underlined are additions. or anal opening of one person by the penis of another person, 30 whether or not there is the emission of semen. 31 (
b) Any sexual contact between the genitals or anal opening 32 of one person and the mouth or tongue of another person. 33 (
c) Any intrusion by one person into the genitals or anal 34 opening of another person, including the use of any object for 35 this purpose, except that this does not include any act intended 36 for a valid medical purpose. 37 (
d) The intentional touching of the genitals or intimate 38 parts, including the breasts, genital area, groin, inner thighs, 39 and buttocks, or the clothing covering them, of either the child 40 or the perpetrator, except that this does not include: 41 1. Any act which may reasonably be construed to be a normal 42 caregiver responsibility, any interaction with, or affection for 43 a child; or 44 2. Any act intended for a valid medical purpose. 45 (
e) The intentional masturbation of the perpetrator’s 46 genitals in the presence of a child. 47 (
f) The intentional exposure of the perpetrator’s genitals 48 in the presence of a child, or any other sexual act 49 intentionally perpetrated in the presence of a child, if such 50 exposure or sexual act is for the purpose of sexual arousal or 51 gratification, aggression, degradation, or other similar 52 purpose. 53 (
g) The sexual exploitation of a child, which includes the 54 act of a child offering to engage in or engaging in 55 prostitution, or the act of allowing, encouraging, or forcing a 56 child to: 57 1. Solicit for or engage in prostitution; 58
Florida Senate - 2022 SB 692 13-00876-22 2022692__ Page 3 of 12 CODING: Words stricken are deletions; words underlined are additions. 2. Engage in a sexual performance, as defined by
chapter 59 827; or 60 3. Participate in the trade of human trafficking as 61 provided in s. 787.06(3)(g). 62 63 As used in this subsection, the term “genitals” includes the 64 labia minora, labia majora, vulva, hymen, and vagina. 65
Section 2. Subsection (1) of
section 365.161, Florida 66 Statutes, is amended to read: 67 365.161 Prohibition of certain obscene telephone 68 communications; penalty.— 69
(1) For purposes of this section, the term: 70 (c)(a) “Obscene” means that status of a communication 71 which: 72 1. The average person applying contemporary community 73 standards would find, taken as a whole, appeals to the prurient 74 interests; 75 2. Describes, in a patently offensive way, deviate sexual 76 intercourse, sadomasochistic abuse, sexual battery, bestiality, 77 sexual conduct, or sexual excitement; and 78 3.
Taken as a whole, lacks serious literary, artistic, 79 political, or scientific value. 80 (a)(b) “Deviate sexual intercourse” means sexual conduct 81 between persons consisting of contact between the penis and the 82 anus, the mouth and the penis, or the mouth and the vulva. 83 (b) “Genitals” includes the labia minora, labia majora, 84 vulva, hymen, and vagina. 85 (d)(c) “Sadomasochistic abuse” means flagellation or 86 torture by or upon a person, or the condition of being fettered, 87
Florida Senate - 2022 SB 692 13-00876-22 2022692__ Page 4 of 12 CODING: Words stricken are deletions; words underlined are additions. bound, or otherwise physically restrained, for the purpose of 88 deriving sexual satisfaction from inflicting harm on another or 89 receiving such harm oneself. 90 (e)(d) “Sexual battery” means oral, anal, or genital 91 vaginal penetration by, or union with, the sexual organ of 92 another or the anal or genital vaginal penetration of another by 93 any other object. 94 (f)(e) “Sexual bestiality” means any sexual act between a 95 person and an animal involving the sex organ of the one and the 96 mouth, anus, or genitals vagina of the other. 97 (g)(f) “Sexual conduct” means actual or simulated sexual 98 intercourse, deviate sexual intercourse, sexual bestiality, 99 masturbation, or sadomasochistic abuse; or any act or conduct 100 which constitutes sexual battery. 101 (h)(g) “Sexual excitement” means the condition of the human 102 male or female genitals when in a state of sexual stimulation or 103 arousal. 104
Section 3. Present paragraphs (
c) through (
f) of subsection 105 (1) of
section 775.0847, Florida Statutes, are redesignated as 106 paragraphs (
d) through (g), respectively, a new paragraph (
c) is 107 added to that subsection, and present paragraphs (
d) and (
e) of 108 that subsection are amended, to read: 109 775.0847 Possession or promotion of certain images of child 110 pornography; reclassification.— 111
(1) For purposes of this section: 112 (c) “Genitals” includes the labia minora, labia majora, 113 vulva, hymen, and vagina. 114 (e)(d) “Sexual battery” means oral, anal, or genital 115 vaginal penetration by, or union with, the sexual organ of 116
Florida Senate - 2022 SB 692 13-00876-22 2022692__ Page 5 of 12 CODING: Words stricken are deletions; words underlined are additions. another or the anal or genital vaginal penetration of another by 117 any other object; however, sexual battery does not include an 118 act done for a bona fide medical purpose. 119 (f)(e) “Sexual bestiality” means any sexual act, actual or 120 simulated, between a person and an animal involving the sex 121 organ of the one and the mouth, anus, or genitals vagina of the 122 other. 123 124 For purposes of sentencing under
chapter 921 and determining 125 incentive gain-time eligibility under
chapter 944, a felony 126 offense that is reclassified under this
section is ranked one 127 level above the ranking under s. 921.0022 or s. 921.0023 of the 128 offense committed. 129
Section 4. Subsections (1), (3), and (8) of
section 130 794.011, Florida Statutes, are amended to read: 131 794.011 Sexual battery.— 132
(1) As used in this chapter: 133 (a) “Consent” means intelligent, knowing, and voluntary 134 consent and does not include coerced submission. “Consent” shall 135 not be deemed or construed to mean the failure by the alleged 136 victim to offer physical resistance to the offender. 137 (b) “Genitals” includes the labia minora, labia majora, 138 vulva, hymen, and vagina. 139 (c)(b) “Mentally defective” means a mental disease or 140 defect which renders a person temporarily or permanently 141 incapable of appraising the nature of his or her conduct. 142 (d)(c) “Mentally incapacitated” means temporarily incapable 143 of appraising or controlling a person’s own conduct due to the 144 influence of a narcotic, anesthetic, or intoxicating substance 145
Florida Senate - 2022 SB 692 13-00876-22 2022692__ Page 6 of 12 CODING: Words stricken are deletions; words underlined are additions. administered without his or her consent or due to any other act 146 committed upon that person without his or her consent. 147 (e)(d) “Offender” means a person accused of a sexual 148 offense in violation of a provision of this chapter. 149 (f)(e) “Physically helpless” means unconscious, asleep, or 150 for any other reason physically unable to communicate 151 unwillingness to
an act. 152 (h)(f) “Retaliation” includes, but is not limited to, 153 threats of future physical punishment, kidnapping, false 154 imprisonment or forcible confinement, or extortion. 155 (i)(g) “Serious personal injury” means great bodily harm or 156 pain, permanent disability, or permanent disfigurement. 157 (j)(h) “Sexual battery” means oral, anal, or genital 158 vaginal penetration by, or union with, the sexual organ of 159 another or the anal or genital vaginal penetration of another by 160 any other object; however, sexual battery does not include an 161 act done for a bona fide medical purpose. 162 (k)(i) “Victim” means a person who has been the object of a 163 sexual offense. 164 (g)(j) “Physically incapacitated” means bodily impaired or 165 handicapped and substantially limited in ability to resist or 166 flee. 167
(3) A person who commits sexual battery upon a person 12 168 years of age or older, without that person’s consent, and in the 169 process thereof: 170 (
a) Uses or threatens to use a deadly weapon; or 171 (
b) Uses actual physical force likely to cause serious 172 personal injury 173 174
Florida Senate - 2022 SB 692 13-00876-22 2022692__ Page 7 of 12 CODING: Words stricken are deletions; words underlined are additions. commits a life felony, punishable as provided in s. 775.082, s. 175 775.083, s. 775.084, or s. 794.0115. 176
(8) Without regard to the willingness or consent of the 177 victim, which is not a defense to prosecution under this 178 subsection, a person who is in a position of familial or 179 custodial authority to a person less than 18 years of age and 180 who: 181 (
a) Solicits that person to engage in any act which would 182 constitute sexual battery as defined in this
section under 183 paragraph (1)(
h) commits a felony of the third degree, 184 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 185 (
b) Engages in any act with that person while the person is 186 12 years of age or older but younger than 18 years of age which 187 constitutes sexual battery as defined in this
section under 188 paragraph (1)(
h) commits a felony of the first degree, 189 punishable by a term of years not exceeding life or as provided 190 in s. 775.082, s. 775.083, or s. 775.084. 191 (
c) Engages in any act with that person while the person is 192 less than 12 years of age which constitutes sexual battery as 193 defined in this
section under paragraph (1)(h), or in an attempt 194 to commit sexual battery injures the sexual organs of such 195 person, commits a capital or life felony, punishable pursuant to 196 subsection (2). 197
Section 5. Present paragraphs (
b) through (
j) of subsection 198 (1) of
section 827.071, Florida Statutes, are redesignated as 199 paragraphs (
c) through (k), respectively, a new paragraph (
b) is 200 added to that subsection, and present paragraphs (f), (g), and 201 (
j) of that subsection are amended, to read: 202 827.071 Sexual performance by a child; penalties.— 203
Florida Senate - 2022 SB 692 13-00876-22 2022692__ Page 8 of 12 CODING: Words stricken are deletions; words underlined are additions.
(1) As used in this section, the following
definitions 204 shall apply: 205 (b) “Genitals” includes the labia minora, labia majora, 206 vulva, hymen, and vagina. 207 (g)(f) “Sexual battery” means oral, anal, or genital 208 vaginal penetration by, or union with, the sexual organ of 209 another or the anal or genital vaginal penetration of another by 210 any other object; however, “sexual battery” does not include an 211 act done for a bona fide medical purpose. 212 (h)(g) “Sexual bestiality” means any sexual act between a 213 person and an animal involving the sex organ of the one and the 214 mouth, anus, or genitals vagina of the other. 215 (k)(j) “Simulated” means the explicit depiction of conduct 216 set forth in paragraph (i) (
h) which creates the appearance of 217 such conduct and which exhibits any uncovered portion of the 218 breasts, genitals, or buttocks. 219
Section 6. Present subsections (6) through (20) of
section 220 847.001, Florida Statutes, are redesignated as subsections (7) 221 through (21), respectively, a new subsection (6) is added to 222 that section, and present subsections (14), (15), and (19) of 223 that
section are amended, to read: 224 847.001
Definitions.—As used in this chapter, the term: 225 (6) “Genitals” includes the labia minora, labia majora, 226 vulva, hymen, and vagina. 227 (15)(14) “Sexual battery” means oral, anal, or genital 228 vaginal penetration by, or union with, the sexual organ of 229 another or the anal or genital vaginal penetration of another by 230 any other object; however, “sexual battery” does not include an 231 act done for a bona fide medical purpose. 232
Florida Senate - 2022 SB 692 13-00876-22 2022692__ Page 9 of 12 CODING: Words stricken are deletions; words underlined are additions. (16)(15) “Sexual bestiality” means any sexual act, actual 233 or simulated, between a person and an animal involving the sex 234 organ of the one and the mouth, anus, or genitals vagina of the 235 other. 236 (20)(19) “Simulated” means the explicit depiction of 237 conduct described in subsection (17) (16) which creates the 238 appearance of such conduct and which exhibits any uncovered 239 portion of the breasts, genitals, or buttocks. 240
Section
Section 872.06, Florida Statutes, is amended to 241 read: 242 872.06 Abuse of a dead human body; penalty.— 243
(1) As used in this section, the term: 244 (a) “Genitals” includes the labia minora, labia majora, 245 vulva, hymen, and vagina. 246 (b) “Sexual abuse” means: 247 1.(
a) Anal or genital vaginal penetration of a dead human 248 body by the sexual organ of a person or by any other object; 249 2.(
b) Contact or union of the penis, genitals vagina, or 250 anus of a person with the mouth, penis, genitals vagina, or anus 251 of a dead human body; or 252 3.(
c) Contact or union of a person’s mouth with the penis, 253 genitals vagina, or anus of a dead human body. 254
(2) A person who mutilates, commits sexual abuse upon, or 255 otherwise grossly abuses a dead human body commits a felony of 256 the second degree, punishable as provided in s. 775.082, s. 257 775.083, or s. 775.084. Any act done for a bona fide medical 258 purpose or for any other lawful purpose does not under any 259 circumstance constitute a violation of this section. 260
Section 8. Paragraph (
j) of subsection (1) of
section 261
Florida Senate - 2022 SB 692 13-00876-22 2022692__ Page 10 of 12 CODING: Words stricken are deletions; words underlined are additions. 288.1254, Florida Statutes, is amended to read: 262 288.1254 Entertainment industry financial incentive 263 program.— 264
(1) DEFINITIONS.—As used in this section, the term: 265 (j) “Qualified production” means a production in this state 266 meeting the requirements of this section. The term does not 267 include a production: 268 1.
In which, for the first 2 years of the incentive 269 program, less than 50 percent, and thereafter, less than 60 270 percent, of the positions that make up its production cast and 271 below-the-line production crew, or, in the case of digital media 272 projects, less than 75 percent of such positions, are filled by 273 legal residents of this state, whose residency is demonstrated 274 by a valid Florida driver license or other state-issued 275 identification confirming residency, or students enrolled full-276 time in a film-and-entertainment-related course of study at an 277 institution of higher education in this state; or 278 2.
That contains obscene content as defined in s. 279 847.001(11) s. 847.001(10). 280
Section 9. Subsection (10) of
section 395.0197, Florida 281 Statutes, is amended to read: 282 395.0197 Internal risk management program.— 283
(10) Any witness who witnessed or who possesses actual 284 knowledge of the act that is the basis of an allegation of 285 sexual abuse shall: 286 (
a) Notify the local police; and 287 (
b) Notify the hospital risk manager and the administrator. 288 289 For purposes of this subsection, “sexual abuse” means acts of a 290
Florida Senate - 2022 SB 692 13-00876-22 2022692__ Page 11 of 12 CODING: Words stricken are deletions; words underlined are additions. sexual nature committed for the sexual gratification of anyone 291 upon, or in the presence of, a vulnerable adult, without the 292 vulnerable adult’s informed consent, or a minor. “Sexual abuse” 293 includes, but is not limited to, the acts defined in s. 294 794.011(1)(
j) s. 794.011(1)(h), fondling, exposure of a 295 vulnerable adult’s or minor’s sexual organs, or the use of the 296 vulnerable adult or minor to solicit for or engage in 297 prostitution or sexual performance. “Sexual abuse” does not 298 include any act intended for a valid medical purpose or any act 299 which may reasonably be construed to be a normal caregiving 300 action. 301
Section 10. Subsection (26) of
section 415.102, Florida 302 Statutes, is amended to read: 303 415.102
Definitions of terms used in ss. 415.101-415.113.—304 As used in ss. 415.101-415.113, the term: 305 (26) “Sexual abuse” means acts of a sexual nature committed 306 in the presence of a vulnerable adult without that person’s 307 informed consent. “Sexual abuse” includes, but is not limited 308 to, the acts defined in s. 794.011(1)(
j) s. 794.011(1)(h), 309 fondling, exposure of a vulnerable adult’s sexual organs, or the 310 use of a vulnerable adult to solicit for or engage in 311 prostitution or sexual performance. “Sexual abuse” does not 312 include any act intended for a valid medical purpose or any act 313 that may reasonably be construed to be normal caregiving action 314 or appropriate display of affection. 315
Section 11. Subsection (1) of
section 847.0141, Florida 316 Statutes, is amended to read: 317 847.0141 Sexting; prohibited acts; penalties.— 318
(1) A minor commits the offense of sexting if he or she 319
Florida Senate - 2022 SB 692 13-00876-22 2022692__ Page 12 of 12 CODING: Words stricken are deletions; words underlined are additions. knowingly: 320 (
a) Uses a computer, or any other device capable of 321 electronic data transmission or distribution, to transmit or 322 distribute to another minor any photograph or video of any 323 person which depicts nudity, as defined in s. 847.001(9), and is 324 harmful to minors, as those terms are defined in s. 847.001 s. 325 847.001(6). 326 (
b) Possesses a photograph or video of any person that was 327 transmitted or distributed by another minor which depicts 328 nudity, as defined in s. 847.001(9), and is harmful to minors, 329 as those terms are defined in s. 847.001 s. 847.001(6). A minor 330 does not violate this paragraph if all of the following apply: 331 1. The minor did not solicit the photograph or video. 332 2. The minor took reasonable steps to report the photograph 333 or video to the minor’s legal guardian or to a school or law 334 enforcement official. 335 3. The minor did not transmit or distribute the photograph 336 or video to a third party. 337