H 1525

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2An act relating to lewd or lascivious acts; repealing
3s. 800.02, F.S., relating to unnatural and lascivious
4acts; creating s. 800.035, F.S.; prohibiting a person
5from intentionally exposing or exhibiting his or her
6sexual organs in a lewd or lascivious manner while
7observing a child under 16 years of age or performing
8specified sexual acts while observing a child under 16
9years of age for a specified purpose; defining the
10term "observing"; providing a criminal penalty;
11prohibiting a certain defense from being raised;
12providing exceptions; amending ss. 914.16 and 933.18,
13F.S.; conforming cross-references; providing an
14effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18Section 1.  Section 800.02, Florida Statutes, is repealed.
19Section 2.  Section 800.035, Florida Statutes, is created
20to read:
21800.035       Indecent exposure of sexual organs while observing
22a child.—
23(1)     A person commits the offense of indecent exposure of
24sexual organs while observing a child if that person, while
25observing a child under 16 years of age for the purpose of his
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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.
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51Section 3.  Section 914.16, Florida Statutes, is amended to
52    read:
53914.16       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.
69Section 4.  Paragraph (b) of subsection (7) of section
70    933.18, Florida Statutes, is amended to read:
71933.18       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
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76    being committed there:
77(b)     Commission of an unnatural and lascivious act with a
78    child, in violation of s. 800.02.
79
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.
94Section 5.  This act shall take effect October 1, 2026.
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