Bill > S1742

This bill, titled "Indecent Exposure of Sexual Organs While Observing a Child," aims to create a new law in Florida that specifically addresses indecent exposure when a person is observing a child under 16 years of age. It repeals an existing law (s. 800.02, F.S.) related to unnatural and lascivious acts and establishes a new section (s. 800.035, F.S.) that defines "observing" as intentionally viewing someone when the offender could reasonably be seen. The bill prohibits intentionally exposing one's sexual organs in a lewd or lascivious manner or performing certain sexual acts without physical contact with the child, such as masturbation, for the purpose of sexual arousal or gratification while observing a child under 16. This offense would be a third-degree felony, and it clarifies that the child's awareness of the act or seeing the offender's organs is not a defense. Exceptions are provided for mothers breastfeeding their babies and for individuals who are nude in designated private areas. The bill also makes conforming changes to other statutes (ss. 914.16 and 933.18, F.S.) related to child victim interviews and search warrants, removing references to the repealed law and updating them to reflect the new provisions, and it is set to take effect on October 1, 2026.