Florida 2022 Regular Session Status: In Committee

HB 341 — Sexual Offenses Definitions

Last action — Laid on Table; companion bill(s) passed, see CS/CS/SB 692 (Ch. 2022-165)

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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 2022 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Sexual Offenses Definitions; Creates & revises definitions relating to sexual offenses.

Bill Text

What changed in the latest version

357 added · 538 removed

357 line(s) added, 538 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 CS/CS/HB341 2022 A bill to be entitled An act relating to sexual offenses definitions;
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/HB341 2022 A bill to be entitled An act relating to sexual offenses definitions;
defining the term "female genitals" and revising the definition of the term "sexual abuse of a child";
creating and revising a definition relating to sexual abuse of a child;
amending ss.
365.161 and 775.0847, F.S.;
creating and revising definitions relating to obscene telephone communications and possession or promotion of certain images of child pornography, respectively;
365.161, F.S.;
defining the term "female genitals" and revising the definitions of the terms "sexual battery" and "sexual bestiality";
amending s.
491.0112, F.S.;
defining the term "female genitals" and revising the definition of the term "sexual misconduct";
amending s.
775.0847, F.S.;
defining the term "female genitals" and revising the definitions of the terms "sexual battery" and "sexual bestiality";
amending s.
defining the term "female genitals";
creating and revising definitions relating to sexual battery;
revising the definition of the term "sexual battery";
conforming provisions to changes made by the act;
794.05, 796.07, 800.04, and 825.1025, F.S.;
395.0197 and 415.102, F.S.;
defining the term "female genitals" and revising the definition of the term "sexual activity";
conforming cross-references;
defining the term "female genitals" and revising the definitions of the terms "sexual battery" and "sexual bestiality";
creating and revising definitions relating to sexual performance by a child and obscenity, respectively;
872.06, F.S.;
847.0141, F.S.;
defining the term "female genitals" and revising the definition of the term "sexual abuse";
conforming cross-references;
944.35, F.S.;
872.06, F.S.;
defining the term "female genitals" and revising the definition of the term "sexual Page 1of 20 CODING:
creating and revising definitions relating to abuse of a dead human body;
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hb0341-02-c2 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/CS/HB341 2022 misconduct";
amending s.
951.27, F.S.;
requiring that HIV test results performed on inmates arrested for sexual offenses involving female genital penetration be disclosed under certain circumstances;
defining the term "female genitals";
amending ss.
395.0197, 415.102, and 847.0141, F.S.;
conforming cross- references;
39.01 Definitions.—When used in this chapter, unless the context otherwise requires:
39.01 Definitions.—When used in this chapter, unless the Page 1of 13 CODING:
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hb0341-01-c1 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/HB341 2022 context otherwise requires:
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(d) The intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them, of either the child or the perpetrator, except that this does not include:
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hb0341-02-c2 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/CS/HB341 2022 (d) The intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them, of either the child or the perpetrator, except that this does not include:
(f) The intentional exposure of the perpetrator's genitals in the presence of a child, or any other sexual act intentionally perpetrated in the presence of a child, if such exposure or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose.
(f) The intentional exposure of the perpetrator's genitals in the presence of a child, or any other sexual act intentionally perpetrated in the presence of a child, if such Page 2of 13 CODING:
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hb0341-01-c1 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/HB341 2022 exposure or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose.
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As used in this subsection, the term "female genitals" includes the labia minora, labia majora, vulva, hymen, and vagina.
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hb0341-02-c2 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/CS/HB341 2022 77 As used in this subsection, the term "female genitals" includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
(b) "Female genitals" includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
(b) "Female genitals" includes the labia minora, labia majora, vulva, hymen, and vagina.
(c)(a) "Obscene" means that status of a communication which:
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hb0341-01-c1 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/HB341 2022 (c)(a) "Obscene" means that status of a communication which:
(d)(c) "Sadomasochistic abuse" means flagellation or Page 4of 20 CODING:
(d)(c) "Sadomasochistic abuse" means flagellation or torture by or upon a person, or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction from inflicting harm on another or receiving such harm oneself.
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hb0341-02-c2 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/CS/HB341 2022 torture by or upon a person, or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction from inflicting harm on another or receiving such harm oneself.
or any act or conduct which constitutes sexual battery.
or any act or conduct Page 4of 13 CODING:
(h)(g) "Sexual excitement" means the condition of the human male or female genitals when in a state of sexual stimulation or arousal.
Section 3.
Subsection (4) of section 491.0112, Florida Statutes, is amended to read:
491.0112 Sexual misconduct by a psychotherapist;
penalties.— (4) For the purposes of this section, the term:
(a)(d) "Client" means a person to whom the services of a psychotherapist are provided.
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hb0341-02-c2 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/CS/HB341 2022 (b) "Female genitals" includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
hb0341-01-c1 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/HB341 2022 which constitutes sexual battery.
(c)(a) The term "Psychotherapist" means any person licensed pursuant to chapter 458, chapter 459, part I of chapter 464, chapter 490, or chapter 491, or any other person who provides or purports to provide treatment, diagnosis, assessment, evaluation, or counseling of mental or emotional illness, symptom, or condition.
(h)(g) "Sexual excitement" means the condition of the human male or female genitals when in a state of sexual stimulation or arousal.
(d)(c) "Sexual misconduct" means the oral, anal, or female genital vaginal penetration of another by, or contact with, the sexual organ of another or the anal or female genital vaginal penetration of another by any object.
Section 3.
(e)(b) "Therapeutic deception" means a representation to the client that sexual contact by the psychotherapist is consistent with or part of the treatment of the client.
Section 4.
(c) "Female genitals" includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
(c) "Female genitals" includes the labia minora, labia majora, vulva, hymen, and vagina.
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(e)(d) "Sexual battery" means oral, anal, or female genital vaginal penetration by, or union with, the sexual organ of another or the anal or female genital vaginal penetration of another by any other object;
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hb0341-02-c2 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/CS/HB341 2022 (e)(d) "Sexual battery" means oral, anal, or female genital vaginal penetration by, or union with, the sexual organ of another or the anal or female genital vaginal penetration of another by any other object;
For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this section is ranked one level above the ranking under s.
For purposes of sentencing under chapter 921 and determining Page 5of 13 CODING:
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hb0341-01-c1 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/HB341 2022 incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this section is ranked one level above the ranking under s.
Section 5.
Section 4.
(b) "Female genitals" includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
(b) "Female genitals" includes the labia minora, labia majora, vulva, hymen, and vagina.
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(c)(b) "Mentally defective" means a mental disease or defect which renders a person temporarily or permanently incapable of appraising the nature of his or her conduct.
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hb0341-02-c2 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/CS/HB341 2022 (c)(b) "Mentally defective" means a mental disease or defect which renders a person temporarily or permanently incapable of appraising the nature of his or her conduct.
(f)(e) "Physically helpless" means unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act.
(f)(e) "Physically helpless" means unconscious, asleep, or Page 6of 13 CODING:
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hb0341-01-c1 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/HB341 2022 for any other reason physically unable to communicate unwillingness to an act.
however, sexual battery does not Page 8of 20 CODING:
however, sexual battery does not include an act done for a bona fide medical purpose.
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hb0341-02-c2 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/CS/HB341 2022 include an act done for a bona fide medical purpose.
775.083, s.
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hb0341-01-c1 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/HB341 2022 775.083, s.
(a) Solicits that person to engage in any act which would constitute sexual battery under paragraph (1)(h) commits a felony of the third degree, punishable as provided in s.
(a) Solicits that person to engage in any act which would constitute sexual battery as defined in this section under paragraph (1)(h) commits a felony of the third degree, punishable as provided in s.
(b) Engages in any act with that person while the person is 12 years of age or older but younger than 18 years of age which constitutes sexual battery under paragraph (1)(h) commits a felony of the first degree, punishable by a term of years not Page 9of 20 CODING:
(b) Engages in any act with that person while the person is 12 years of age or older but younger than 18 years of age which constitutes sexual battery as defined in this section under paragraph (1)(h) commits a felony of the first degree, punishable by a term of years not exceeding life or as provided in s.
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hb0341-02-c2 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/CS/HB341 2022 exceeding life or as provided in s.
(c) Engages in any act with that person while the person is less than 12 years of age which constitutes sexual battery under paragraph (1)(h), or in an attempt to commit sexual battery injures the sexual organs of such person commits a capital or life felony, punishable pursuant to subsection (2).
(c) Engages in any act with that person while the person is less than 12 years of age which constitutes sexual battery as defined in this section under paragraph (1)(h), or in an attempt to commit sexual battery injures the sexual organs of such person commits a capital or life felony, punishable pursuant to subsection (2).
Section 6.
Section 5.
Subsections (2) through (4) of section 794.05, Florida Statutes, are renumbered as subsections (3) through (5), respectively, and subsection (1) of that section is amended to read:
794.05 Unlawful sexual activity with certain minors.— (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.
775.082, s.
775.083, or s.
775.084.
(2) As used in this section, the term:
(a) "Female genitals" includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
(b) "Sexual activity" means oral, anal, or female genital vaginal penetration by, or union with, the sexual organ of another or the anal or female genital vaginal penetration of another by any other object;
however, sexual activity does not include an act done for a bona fide medical purpose.
Section 7.
Paragraphs (a) through (d) of subsection (1) of Page 10 of20 CODING:
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hb0341-02-c2 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/CS/HB341 2022 section 796.07, Florida Statutes, are redesignated as paragraphs (b) through (e), respectively, a new paragraph (a) is added to that subsection, and present paragraph (d) of that subsection is amended, to read:
796.07 Prohibiting prostitution and related acts.— (1) As used in this section:
(a) "Female genitals" includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
(e)(d) "Sexual activity" means oral, anal, or female genital vaginal penetration by, or union with, the sexual organ of another;
anal or female genital vaginal penetration of another by any other object;
or the handling or fondling of the sexual organ of another for the purpose of masturbation;
however, the term does not include acts done for bona fide medical purposes.
Section 8.
Subsection (1) of section 800.04, Florida Statutes, is amended to read:
800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.— (1) DEFINITIONS.—As used in this section:
(a)(c) "Coercion" means the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance.
(b) "Consent" means intelligent, knowing, and voluntary consent, and does not include submission by coercion.
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hb0341-02-c2 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/CS/HB341 2022 (c) "Female genitals" includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
(d)(a) "Sexual activity" means the oral, anal, or female genital vaginal penetration by, or union with, the sexual organ of another or the anal or female genital vaginal penetration of another by any other object;
however, sexual activity does not include an act done for a bona fide medical purpose.
(e)(d) "Victim" means a person upon whom an offense described in this section was committed or attempted or a person who has reported a violation of this section to a law enforcement officer.
Section 9.
Subsection (1) of section 825.1025, Florida Statutes, is amended to read:
825.1025 Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person.— (1) As used in this section, the term:
(a) "Female genitals" includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
(b) "Sexual activity" means the oral, anal, or female genital vaginal penetration by, or union with, the sexual organ of another or the anal or female genital vaginal penetration of another by any other object;
however, sexual activity does not include an act done for a bona fide medical purpose.
Section 10.
Paragraphs (b) through (j) of subsection (1) of section 827.071, Florida Statutes, are redesignated as Page 12 of20 CODING:
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hb0341-02-c2 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/CS/HB341 2022 paragraphs (c) through (k), respectively, a new paragraph (b) is added to that subsection, and present paragraphs (f), (g), and (j) of that subsection are amended, to read:
827.071 Sexual performance by a child;
penalties.— (1) As used in this section, the following definitions shall apply:
(b) "Female genitals" includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
(g)(f) "Sexual battery" means oral, anal, or female genital vaginal penetration by, or union with, the sexual organ of another or the anal or female genital vaginal penetration of another by any other object;
however, "sexual battery" does not include an act done for a bona fide medical purpose.
(h)(g) "Sexual bestiality" means any sexual act between a person and an animal involving the sex organ of the one and the mouth, anus, or female genitals vagina of the other.
(k)(j) "Simulated" means the explicit depiction of conduct set forth in paragraph (i) (h) which creates the appearance of such conduct and which exhibits any uncovered portion of the breasts, genitals, or buttocks.
Section 11.
Subsections (6) through (20) of section 847.001, Florida Statutes, are renumbered as subsections (7) through (21), respectively, a new subsection (6) is added to that section, and present subsections (14), (15), and (19) of that section are amended, to read:
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hb0341-02-c2 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/CS/HB341 2022 847.001 Definitions.—As used in this chapter, the term:
(6) "Female genitals" includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
(15)(14) "Sexual battery" means oral, anal, or female genital vaginal penetration by, or union with, the sexual organ of another or the anal or female genital vaginal penetration of another by any other object;
however, "sexual battery" does not include an act done for a bona fide medical purpose.
(16)(15) "Sexual bestiality" means any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or female genitals vagina of the other.
(20)(19) "Simulated" means the explicit depiction of conduct described in subsection (17) (16) which creates the appearance of such conduct and which exhibits any uncovered portion of the breasts, genitals, or buttocks.
Section 12.
Section 872.06, Florida Statutes, is amended to read:
872.06 Abuse of a dead human body;
penalty.— (1) As used in this section, the term:
(a) "Female genitals" includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
(b) "Sexual abuse" means:
1.(a) Anal or female genital vaginal penetration of a dead human body by the sexual organ of a person or by any other Page 14 of20 CODING:
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hb0341-02-c2 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/CS/HB341 2022 object;
2.(b) Contact or union of the penis, female genitals vagina, or anus of a person with the mouth, penis, female genitals vagina, or anus of a dead human body;
or 3.(c) Contact or union of a person's mouth with the penis, female genitals vagina, or anus of a dead human body.
(2) A person who mutilates, commits sexual abuse upon, or otherwise grossly abuses a dead human body commits a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
Any act done for a bona fide medical purpose or for any other lawful purpose does not under any circumstance constitute a violation of this section.
Section 13.
Paragraph (b) of subsection (3) of section 944.35, Florida Statutes, is amended to read:
944.35 Authorized use of force;
malicious battery and sexual misconduct prohibited;
reporting required;
penalties.— (3) (b)1.
As used in this paragraph, the term:
a.
"Female genitals" includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
b.
"Sexual misconduct" means the oral, anal, or female genital vaginal penetration by, or union with, the sexual organ of another or the anal or female genital vaginal penetration of another by any other object, but does not include an act done for a bona fide medical purpose or an internal search conducted Page 15 of20 CODING:
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hb0341-02-c2 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/CS/HB341 2022 in the lawful performance of the employee's duty.
2.
Any employee of the department or a private correctional facility as defined in s.
944.710 who engages in sexual misconduct with an inmate or an offender supervised by the department in the community, without committing the crime of sexual battery, commits a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
3.
The consent of the inmate or offender supervised by the department in the community to any act of sexual misconduct may not be raised as a defense to a prosecution under this paragraph.
4.
This paragraph does not apply to any employee of the department or any employee of a private correctional facility who is legally married to an inmate or an offender supervised by the department in the community, nor does it apply to any employee who has no knowledge, and would have no reason to believe, that the person with whom the employee has engaged in sexual misconduct is an inmate or an offender under community supervision of the department.
Section 14.
Subsection (2) of section 951.27, Florida Statutes, is amended to read:
951.27 Blood tests of inmates.— (2) Except as otherwise provided in this subsection, serologic blood test results obtained pursuant to subsection (1) are confidential and exempt from the provisions of s.
119.07(1) Page 16 of20 CODING:
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hb0341-02-c2 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/CS/HB341 2022 and s.
24(a), Art.
I of the State Constitution.
However, such results may be provided to employees or officers of the sheriff or chief correctional officer who are responsible for the custody and care of the affected inmate and have a need to know such information, and as provided in ss.
775.0877 and 960.003.
In addition, upon request of the victim or the victim's legal guardian, or the parent or legal guardian of the victim if the victim is a minor, the results of any HIV test performed on an inmate who has been arrested for any sexual offense involving oral, anal, or female genital vaginal penetration by, or union with, the sexual organ of another, must shall be disclosed to the victim or the victim's legal guardian, or to the parent or legal guardian of the victim if the victim is a minor.
In such cases, the county or municipal detention facility shall furnish the test results to the Department of Health, which is responsible for disclosing the results to public health agencies as provided in s.
775.0877 and to the victim or the victim's legal guardian, or the parent or legal guardian of the victim if the victim is a minor, as provided in s.
960.003(3).
As used in this subsection, the term "female genitals" includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
Section 15.
395.0197 Internal risk management program.— (10) Any witness who witnessed or who possesses actual Page 17 of20 CODING:
395.0197 Internal risk management program.— Page 8of 13 CODING:
hb0341-02-c2 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/CS/HB341 2022 knowledge of the act that is the basis of an allegation of sexual abuse shall:
hb0341-01-c1 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/HB341 2022 (10) Any witness who witnessed or who possesses actual knowledge of the act that is the basis of an allegation of sexual abuse shall:
Section 16.
Section 6.
(26) "Sexual abuse" means acts of a sexual nature committed in the presence of a vulnerable adult without that person's informed consent.
(26) "Sexual abuse" means acts of a sexual nature committed in the presence of a vulnerable adult without that Page 9of 13 CODING:
"Sexual abuse" includes, but is not Page 18 of20 CODING:
hb0341-02-c2 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/CS/HB341 2022 limited to, the acts defined in s.
hb0341-01-c1 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/HB341 2022 person's informed consent.
"Sexual abuse" includes, but is not limited to, the acts defined in s.
Section 17.
Section 7.
Paragraphs (b) through (j) of subsection (1) of section 827.071, Florida Statutes, are redesignated as paragraphs (c) through (k), respectively, a new paragraph (b) is added to that subsection, and present paragraphs (f), (g), and (j) of that subsection are amended, to read:
827.071 Sexual performance by a child;
penalties.— (1) As used in this section, the following definitions shall apply:
(b) "Female genitals" includes the labia minora, labia majora, vulva, hymen, and vagina.
(g)(f) "Sexual battery" means oral, anal, or female genital vaginal penetration by, or union with, the sexual organ of another or the anal or female genital vaginal penetration of another by any other object;
however, "sexual battery" does not include an act done for a bona fide medical purpose.
(h)(g) "Sexual bestiality" means any sexual act between a person and an animal involving the sex organ of the one and the Page 10 of13 CODING:
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hb0341-01-c1 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/HB341 2022 mouth, anus, or female genitals vagina of the other.
(k)(j) "Simulated" means the explicit depiction of conduct set forth in paragraph (i) (h) which creates the appearance of such conduct and which exhibits any uncovered portion of the breasts, genitals, or buttocks.
Section 8.
Subsections (6) through (20) of section 847.001, Florida Statutes, are renumbered as subsections (7) through (21), respectively, a new subsection (6) is added to that section, and present subsections (14), (15), and (19) of that section are amended, to read:
847.001 Definitions.—As used in this chapter, the term:
(6) "Female genitals" includes the labia minora, labia majora, vulva, hymen, and vagina.
(15)(14) "Sexual battery" means oral, anal, or female genital vaginal penetration by, or union with, the sexual organ of another or the anal or female genital vaginal penetration of another by any other object;
however, "sexual battery" does not include an act done for a bona fide medical purpose.
(16)(15) "Sexual bestiality" means any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or female genitals vagina of the other.
(20)(19) "Simulated" means the explicit depiction of conduct described in subsection (17) (16) which creates the appearance of such conduct and which exhibits any uncovered Page 11 of13 CODING:
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words underlined are additions.
hb0341-01-c1 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/HB341 2022 portion of the breasts, genitals, or buttocks.
Section 9.
The minor took reasonable steps to report the Page 19 of20 CODING:
The minor took reasonable steps to report the photograph or video to the minor's legal guardian or to a school or law enforcement official.
Words strickenare deletions;
words underlined are additions.
hb0341-02-c2 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/CS/HB341 2022 photograph or video to the minor's legal guardian or to a school or law enforcement official.
Section 18.
Section 10.
Section 872.06, Florida Statutes, is amended to read:
Page 12 of13 CODING:
Words strickenare deletions;
words underlined are additions.
hb0341-01-c1 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/HB341 2022 872.06 Abuse of a dead human body;
penalty.— (1) As used in this section, the term:
(a) "Female genitals" includes the labia minora, labia majora, vulva, hymen, and vagina.
(b) "Sexual abuse" means:
1.(a) Anal or female genital vaginal penetration of a dead human body by the sexual organ of a person or by any other object;
2.(b) Contact or union of the penis, female genitals vagina, or anus of a person with the mouth, penis, female genitals vagina, or anus of a dead human body;
or 3.(c) Contact or union of a person's mouth with the penis, female genitals vagina, or anus of a dead human body.
(2) A person who mutilates, commits sexual abuse upon, or otherwise grossly abuses a dead human body commits a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
Any act done for a bona fide medical purpose or for any other lawful purpose does not under any circumstance constitute a violation of this section.
Section 11.
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hb0341-02-c2
hb0341-01-c1
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Action History

  1. Laid on Table; companion bill(s) passed, see CS/CS/SB 692 (Ch. 2022-165)

  2. Added to Second Reading Calendar

  3. Bill referred to House Calendar

  4. 1st Reading (Committee Substitute 2)

  5. CS Filed

  6. Laid on Table under Rule 7.18(a)

  7. Reported out of Judiciary Committee

  8. Favorable with CS by Judiciary Committee

  9. Added to Judiciary Committee agenda

  10. Now in Judiciary Committee

  11. Reported out of Justice Appropriations Subcommittee

  12. Favorable by Justice Appropriations Subcommittee

  13. Added to Justice Appropriations Subcommittee agenda

  14. Now in Justice Appropriations Subcommittee

  15. Referred to Judiciary Committee

  16. Referred to Justice Appropriations Subcommittee

  17. 1st Reading (Committee Substitute 1)

  18. CS Filed

  19. Laid on Table under Rule 7.18(a)

  20. Reported out of Criminal Justice & Public Safety Subcommittee

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

  22. Added to Criminal Justice & Public Safety Subcommittee agenda

  23. 1st Reading (Original Filed Version)

  24. Now in Criminal Justice & Public Safety Subcommittee

  25. Referred to Judiciary Committee

  26. Referred to Justice Appropriations Subcommittee

  27. Referred to Criminal Justice & Public Safety Subcommittee

  28. Filed

Sponsors

  • Judiciary Committee · Primary
  • Criminal Justice and Public Safety Subcommittee · Primary
  • Slosberg-King · Primary

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 161 not signed on

Sponsors (3)

  • Judiciary Committee
  • Criminal Justice and Public Safety Subcommittee
  • Slosberg-King

Co-sponsors (0)

None.

Not signed on (161)

161 members have not signed on to this bill.

Show all 161 →

"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 (Judiciary Committee)

Passed 15 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 6003
Republican 7001
Democrat 2001
Total 15005
% of votes cast 75%0%0%25%
How each member voted (20)
Member Party Vote
Alexander — Yea
Beltran — Yea
Byrd — Not Voting
Diamond — Yea
Fernandez-Barquin — Not Voting
Fetterhoff — Yea
Grieco — Not Voting
Learned — Yea
Roach — Yea
Gottlieb, Michael "Mike" Democrat Not Voting
Gregory, Emily Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Busatta, Demi Republican Not Voting
Duggan, Wyman Republican Yea
Grall, Erin Republican Yea
Plakon, Rachel Saunders Republican Yea
Salzman, Michelle Republican Yea
Snyder, John Republican Yea
Truenow, Keith L. Republican Yea

Official roll call →

Favorable (Justice Appropriations Subcommittee)

Passed 14 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 5000
Unaffiliated 6000
Democrat 3001
Total 14001
% of votes cast 93%0%0%7%
How each member voted (15)
Member Party Vote
Beltran — Yea
Benjamin — Yea
Byrd — Yea
Caruso — Yea
Fernandez-Barquin — Yea
Learned — Yea
Davis, Tracie Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Rayner, Michele K. Democrat Not Voting
Barnaby, Webster Republican Yea
Fabricio, Tom Republican Yea
Koster, Traci Republican Yea
Plakon, Rachel Saunders Republican Yea
Smith, David Republican Yea

Official roll call →

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

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 7000
Unaffiliated 9000
Democrat 2000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Beltran — Yea
Bush — Yea
Casello — Yea
Fetterhoff — Yea
Grieco — Yea
Hage — Yea
Learned — Yea
Roach — Yea
Thompson, Geraldine F. "Geri" — Yea
Chambliss, Kevin D. Democrat Yea
Gregory, Emily 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 341 do?
Sexual Offenses Definitions; Creates & revises definitions relating to sexual offenses.
Who sponsors HB 341?
HB 341 is sponsored by Judiciary Committee, Criminal Justice and Public Safety Subcommittee, and Slosberg-King.
What is the current status of HB 341?
This bill died with 2022 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 341?
Track HB 341 free on One Click Politics — get push/email alerts when it moves.

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