S 1742

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
1A bill to be entitled
2An act relating to indecent exposure of sexual organs
3while observing a child; repealing s. 800.02, F.S.,
4relating to unnatural and lascivious acts; creating s.
5800.035, F.S.; defining the term “observing”;
6prohibiting a person from, for a specified purpose,
7intentionally exposing his or her sexual organs in a
8lewd or lascivious manner or intentionally performing
9specified sexual acts while observing a child under 16
10years of age; providing criminal penalties; specifying
11what does not constitute a defense to committing such
12offense; providing exceptions; amending ss. 914.16 and
13933.18, F.S.; conforming provisions to changes made by
14the act; providing an effective 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 Section 800.02, Florida Statutes, is repealed.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 to
20read:
21800.035Indecent exposure of sexual organs while observing
22a child.—
23(1)As used in this section, the term “observing” means
24intentionally viewing another person under circumstances in
25which the offender is reasonably capable of being seen by the
26person being viewed.
27(2)A person commits the offense of indecent exposure while
28observing a child if that person, while observing a child under
2916 years of age, for the purpose of his or her own sexual
30arousal or gratification:
31(a)Intentionally exposes a sexual organ in a lewd or
32lascivious manner; or
33(b)Intentionally performs any sexual act that does not
34involve actual physical or sexual contact with the child,
35including, but not limited to, sadomasochistic abuse, sexual
36bestiality, masturbation, or the simulation of any act involving
37sexual activity.
38(3)A person who violates subsection (2) commits a felony
39of the third degree, punishable as provided in s. 775.082, s.
40775.083, or s. 775.084.
41(4)It is not a defense under this section that the person
42being observed was not aware of any specific conduct on the part
43of the offender or did not see the offender’s sexual organs.
44(5)A person does not commit the offense of indecent
45exposure of sexual organs while observing a child if the person
46is 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
49set apart for that purpose.
50Section 3. Section 914.16, Florida Statutes, is amended to
51read:
52914.16 Child abuse and sexual abuse of victims under age 16
53or who have an intellectual disability; limits on interviews.
54The chief judge of each judicial circuit, after consultation
55with the state attorney and the public defender for the judicial
56circuit, the appropriate chief law enforcement officer, and any
57other person deemed appropriate by the chief judge, shall order
58reasonable limits on the number of interviews which a victim of
59a violation of s. 794.011, s. 800.04, s. 827.03, or s.
60847.0135(5) who is under 16 years of age or a victim of a
61violation of s. 794.011, [s. 800.02,] s. 800.03, or s. 825.102 who
62has an intellectual disability as defined in s. 393.063 must
63submit to for law enforcement or discovery purposes. To the
64extent possible, the order must protect the victim from the
65psychological damage of repeated interrogations while preserving
66the rights of the public, the victim, and the person charged
67with the violation.
68Section 4. Paragraph (b) of subsection (7) of section
69933.18, Florida Statutes, is amended to read:
70933.18 When warrant may be issued for search of private
71dwelling.—No search warrant shall issue under this chapter or
72under any other law of this state to search any private dwelling
73occupied as such unless:
74(7) One or more of the following child abuse offenses is
75being committed there:
76[(b) Commission of an unnatural and lascivious act with a]
77[child, in violation of s. 800.02.]
78
79If, during a search pursuant to a warrant issued under this
80section, a child is discovered and appears to be in imminent
81danger, the law enforcement officer conducting such search may
82remove the child from the private dwelling and take the child
83into protective custody pursuant to chapter 39. The term
84“private dwelling” shall be construed to include the room or
85rooms used and occupied, not transiently but solely as a
86residence, in an apartment house, hotel, boardinghouse, or
87lodginghouse. No warrant shall be issued for the search of any
88private dwelling under any of the conditions hereinabove
89mentioned except on sworn proof by affidavit of some creditable
90witness that he or she has reason to believe that one of said
91conditions exists, which affidavit shall set forth the facts on
92which such reason for belief is based.
93Section 5. This act shall take effect October 1, 2026.