Florida 2021 Regular Session Status: In Committee

HB 1397 — Lewd or Lascivious Acts with Minors

Last action — Died in Appropriations Committee

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Lewd or Lascivious Acts with Minors; Prohibits certain lewd or lascivious acts by persons 24 years of age or older with certain minors.

Bill Text

What changed in the latest version

23 added · 290 removed

23 line(s) added, 290 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1397 2021 A bill to be entitled An act relating to lewd or lascivious acts with minors;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1397 2021 A bill to be entitled An act relating to lewd or lascivious acts with minors;
providing definitions;
amending s.
921.0022, F.S.;
conforming provisions to changes made by the act;
Be It Enacted by the Legislature of the State of Florida:
8 Be It Enacted by the Legislature of the State of Florida:
Subsections (2) through (4) of section 794.05, Florida Statutes, are renumbered as subsections (4) through (6), respectively, present subsection (1) is amended, and new subsections (1) and (3) are added to that section, to read:
Subsections (2), (3), and (4) of section 794.05, Florida Statutes, are renumbered as subsections (3), (4), and (5), respectively, and a new subsection (2) is added to that section to read:
794.05 Unlawful sexual activity and lewd or lascivious acts with certain minors.— (1) As used in this section, the term:
794.05 Unlawful sexual activity and lewd or lascivious acts with certain minors.— (2) A person 24 years of age or older who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person 16 or 17 years of age, or forces or entices a person 16 or 17 years of age to so touch the perpetrator, commits a felony of the third degree, punishable as provided in s.
(a) "Lewd" or "lascivious" mean a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing the act.
(b) "Sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object;
however, sexual activity does not include an act done for a bona Page 1 of 11 CODING:
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words underlined are additions.
hb1397-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1397 2021 fide medical purpose.
(2)(1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s.
As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object;
however, sexual activity does not include an act done for a bona fide medical purpose.
(3) A person 24 years of age or older who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person 16 or 17 years of age, or forces or entices a person 16 or 17 years of age to so touch the perpetrator, commits a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
Paragraph (f) of subsection (3) of section 921.0022, Florida Statutes, is amended to read:
921.0022 Criminal Punishment Code;
offense severity ranking chart.— (3) OFFENSE SEVERITY RANKING CHART (f) LEVEL 6 Florida Felony Description Page 2 of 11 CODING:
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words underlined are additions.
hb1397-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1397 2021 Statute Degree 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
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hb1397-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1397 2021 775.0875(1) 3rd Taking firearm from law enforcement officer.
784.021(1)(a) 3rd Aggravated assault;
deadly weapon without intent to kill.
784.021(1)(b) 3rd Aggravated assault;
intent to commit felony.
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784.041 3rd Felony battery;
domestic battery by strangulation.
784.048(3) 3rd Aggravated stalking;
credible threat.
784.048(5) 3rd Aggravated stalking of person under 16.
784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
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hb1397-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1397 2021 784.08(2)(b) 2nd Aggravated assault on a person years of age or older.
784.081(2) 2nd Aggravated assault on specified official or employee.
784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
784.083(2) 2nd Aggravated assault on code inspector.
787.02(2) 3rd False imprisonment;
restraining with purpose other than those in s.
787.01.
790.115(2)(d) 2nd Discharging firearm or weapon on school property.
790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
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hb1397-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1397 2021 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
794.05(2) 2nd Unlawful sexual activity with 794.05(1) specified minor.
800.04(5)(d) 3rd Lewd or lascivious molestation;
victim 12 years of age or older but less than 16 years of age;
offender less than 18 years.
800.04(6)(b) 2nd Lewd or lascivious conduct;
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hb1397-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1397 2021 offender 18 years of age or older.
806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
810.02(3)(c) 2nd Burglary of occupied structure;
unarmed;
no assault or battery.
810.145(8)(b) 2nd Video voyeurism;
certain minor victims;
2nd or subsequent offense.
812.014(2)(b)1.
2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
812.014(6) 2nd Theft;
property stolen $3,000 or more;
coordination of others.
812.015(9)(a) 2nd Retail theft;
property stolen $750 or more;
second or subsequent conviction.
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hb1397-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1397 2021 812.015(9)(b) 2nd Retail theft;
aggregated property stolen within 30 days is $3,000 or more;
coordination of others.
812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
817.505(4)(b) 2nd Patient brokering;
10 or more patients.
825.102(1) 3rd Abuse of an elderly person or disabled adult.
825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
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hb1397-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1397 2021 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
827.03(2)(c) 3rd Abuse of a child.
827.03(2)(d) 3rd Neglect of a child.
827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
836.05 2nd Threats;
extortion.
836.10 2nd Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
843.12 3rd Aids or assists person to escape.
847.011 3rd Distributing, offering to distribute, or possessing with Page 9 of 11 CODING:
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hb1397-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1397 2021 intent to distribute obscene materials depicting minors.
847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
944.35(3)(a)2.
3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
944.40 2nd Escapes.
944.46 3rd Harboring, concealing, aiding Page 10 of 11 CODING:
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hb1397-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1397 2021 escaped prisoners.
944.47(1)(a)5.
2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
Section 3.
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Action History

  1. Died in Appropriations Committee

  2. Now in Appropriations Committee

  3. Referred to Judiciary Committee

  4. Referred to Appropriations Committee

  5. Original reference removed: Justice Appropriations Subcommittee

  6. 1st Reading (Committee Substitute 1)

  7. CS Filed

  8. Laid on Table under Rule 7.18(a)

  9. Reported out of Criminal Justice & Public Safety Subcommittee

  10. Favorable with CS by Criminal Justice & Public Safety Subcommittee

  11. Added to Criminal Justice & Public Safety Subcommittee agenda

  12. Now in Criminal Justice & Public Safety Subcommittee

  13. Referred to Judiciary Committee

  14. Referred to Justice Appropriations Subcommittee

  15. Referred to Criminal Justice & Public Safety Subcommittee

  16. 1st Reading (Original Filed Version)

  17. Filed

Sponsors

  • Criminal Justice and Public Safety Subcommittee · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Criminal Justice and Public Safety Subcommittee

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable With Committee Substitute (Criminal Justice & Public Safety Subcommittee)

Passed 17 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 7000
Unaffiliated 7001
Democrat 3000
Total 17001
% of votes cast 94%0%0%6%
How each member voted (18)
Member Party Vote
Bush — Yea
Byrd — Yea
Fetterhoff — Not Voting
Grieco — Yea
Hage — Yea
Learned — Yea
Roach — Yea
Williams — Yea
Chambliss, Kevin D. Democrat Yea
Gregory, Emily Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Barnaby, Webster Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Busatta, Demi Republican Yea
Maney, Patt Republican Yea
Rizo, Alex Republican Yea
Snyder, John Republican Yea
Tuck, Kaylee Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 1397 do?
Lewd or Lascivious Acts with Minors; Prohibits certain lewd or lascivious acts by persons 24 years of age or older with certain minors.
Who sponsors HB 1397?
HB 1397 is sponsored by Criminal Justice and Public Safety Subcommittee.
What is the current status of HB 1397?
This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 1397?
Track HB 1397 free on One Click Politics — get push/email alerts when it moves.

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