Read the full stored bill text
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
1 A bill to be entitled
2 An act relating to indecent exposure of sexual organs
3 while observing a child; repealing s. 800.02, F.S.,
4 relating to unnatural and lascivious acts; creating s.
5 800.035, F.S.; defining the term “observing”;
6 prohibiting a person from, for a specified purpose,
7 intentionally exposing his or her sexual organs in a
8 lewd or lascivious manner or intentionally performing
9 specified sexual acts while observing a child under 16
10 years of age; providing criminal penalties; specifying
11 what does not constitute a defense to committing such
12 offense; providing exceptions; amending ss. 914.16 and
13 933.18, F.S.; conforming provisions to changes made by
14 the act; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1.
Section 800.02, Florida Statutes, is repealed.
19 Section 2. Section 800.035, Florida Statutes, is created to
20 read:
21
800.035
Indecent exposure of sexual organs while observing
22
a child.—
23
(
1
)
As used in
this section, the term “observing” means
24
intentionally viewing another person under circumstances in
25
which the offender is reasonably capable of being seen by the
26
person being viewed.
27
(
2
)
A person commits the offense of indecent exposure while
28
observing a child if that person, while observing a child under
29
16 years of age
,
for the purpose of his or her own sexual
30
arousal or gratification:
31
(a)
Intentionally exposes
a
sexual organ in a lewd or
32
lascivious manner; or
33
(b)
Intentionally performs any sexual act that does not
34
involve actual physical or sexual contact with the child,
35
including, but not limited to, sadomasochistic abuse, sexual
36
bestiality, masturbation, or the simulation of any act involving
37
sexual activity.
38
(3)
A person who
violates subsection (2)
commits a felony
39
of the third degree, punishable as provided in s. 775.082, s.
40
775.083, or
s.
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 or
49
set
apart for that purpose.
50 Section 3. Section 914.16, Florida Statutes, is amended to
51 read:
52 914.16 Child abuse and sexual abuse of victims under age 16
53 or who have an intellectual disability; limits on interviews.
54 The chief judge of each judicial circuit, after consultation
55 with the state attorney and the public defender for the judicial
56 circuit, the appropriate chief law enforcement officer, and any
57 other person deemed appropriate by the chief judge, shall order
58 reasonable limits on the number of interviews which a victim of
59 a violation of s. 794.011, s. 800.04, s. 827.03, or s.
60 847.0135(5) who is under 16 years of age or a victim of a
61 violation of s. 794.011,
s. 800.02,
s. 800.03, or s. 825.102 who
62 has an intellectual disability as defined in s. 393.063 must
63 submit to for law enforcement or discovery purposes. To the
64 extent possible, the order must protect the victim from the
65 psychological damage of repeated interrogations while preserving
66 the rights of the public, the victim, and the person charged
67 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 being committed there:
76
(b) Commission of an unnatural and lascivious act with a
77
child, in violation of s. 800.02.
78
79 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 search may
82 remove the child from the private dwelling and take the child
83 into protective custody pursuant to chapter 39. The term
84 “private dwelling” shall be construed to include the room or
85 rooms used and occupied, not transiently but solely as a
86 residence, in an apartment house, hotel, boardinghouse, or
87 lodginghouse. No warrant shall be issued for the search of any
88 private dwelling under any of the conditions hereinabove
89 mentioned except on sworn proof by affidavit of some creditable
90 witness that he or she has reason to believe that one of said
91 conditions exists, which affidavit shall set forth the facts on
92 which such reason for belief is based.
93 Section 5. This act shall take effect October 1, 2026.