SB 1742 — Indecent Exposure of Sexual Organs While Observing a Child

Florida Senate - 2026 CS for CS for SB 1742 By the Appropriations Committee on Criminal and Civil Justice;

theand CommitteeSenator onMartin Criminal591-02208-26 Justice;20261742c1 A bill to be entitled An act relating to indecent exposure of sexual organs to minors;

and Senator Martin 604-03224-26 20261742c2 A bill to be entitled An act relating to indecent exposure of sexual organs while observing a child;

definingprohibiting thea termperson “observing”;from intentionally exposing or exhibiting his or her sexual organs in a lewd or lascivious manner for a specified purpose while viewing a person who is younger than 16 years of age or performing specified sexual acts for a specified purpose while viewing a person who is younger than 16 years of age;

prohibitingdefining athe personterm from,“viewing”; for a specified purpose, intentionally exposing his or her sexual organs in a lewd or lascivious manner or intentionally performing specified sexual acts while observing a child under 16 years of age;

providing a criminal penalties;penalty;

specifying what does not constitute a defense to committing such offense;

800.035 Indecent exposure of sexual organs whileto observing a child.—minor.— (1) AsA used in this section, the term “observing” means intentionally viewing another person undermay circumstancesnot: in which the offender is reasonably capable of being seen by the person being viewed.

(2)(a) AIntentionally personexpose commitshis theor offenseher ofsexual indecentorgans exposurein while observing a childlewd ifor thatlascivious person,manner while observingviewing a childperson underwho is younger than 16 years of age,age for the purpose of hisattaining or her own sexual Pagearousal 1or ofgratification; 4 CODING:

or (b) Intentionally perform any sexual act that does not involve actual physical or sexual contact with the minor, including, but not limited to, sadomasochistic abuse, sexual Page 1 of 4 CODING:

Florida Senate - 2026 CS for CSSB 1742 591-02208-26 20261742c1 bestiality, masturbation, or the simulation of any act involving sexual activity, while viewing a person who is younger than 16 years of age for SBthe 1742purpose 604-03224-26of 20261742c2attaining sexual arousal or gratification:gratification.

(a)(2) IntentionallyFor exposesthe apurposes sexualof organthis insection, the term “viewing” means that the offender knows that a lewdperson oryounger lasciviousthan manner;16 years of age is present, and the offender is reasonably capable of being seen by such person.

orThe (b)term Intentionally performs any sexual act that does not involverequire actualsuch physicalperson orto sexualbe contactaware withof theany child,specific including,conduct butor notto limitedsee to, sadomasochistic abuse, sexual bestiality, masturbation, or the simulationoffender’s of any act involving sexual activity.organs.

(3) A person who violates subsection (2)(1) commits the offense of indecent exposure of sexual organs to a minor, a felony of the third degree, punishable as provided in s.

(4) ItA isperson does not acommit defense under this section that the personoffense beingof observedindecent wasexposure not aware of anysexual specificorgans conductto ona theminor partif of the offenderperson oris dideither notof see the offender’sfollowing: sexual organs.

(5) A person does not commit the offense of indecent exposure of sexual organs while observing a child if the person is either of the following:

(b) An individual who is merely nude in a place provided or set apart for that purpose.

Florida Senate - 2026 CS for CS for SB 1742 604-03224-26591-02208-26 20261742c220261742c1 a violation of s.

Florida Senate - 2026 CS for CS for SB 1742 604-03224-26591-02208-26 20261742c220261742c1 private dwelling under any of the conditions hereinabove mentioned except on sworn proof by affidavit of some creditable witness that he or she has reason to believe that one of said conditions exists, which affidavit shall set forth the facts on which such reason for belief is based.