787.01(1)(a)(2)  Kidnapping; Commit or Facilitate Commission of Felony

(1)(a)  The term "kidnapping" means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to:

2.  Commit or facilitate commission of any felony.

787.01(1) (a)(1) Kidnap Minor for Ransom 

(1)(a) The term "kidnapping" means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against his will and without lawful authority, with intent to: 

1. Hold for ransom or reward or as a shield or hostage.

787.01(1)(a)(1)  Kidnapping; Hold for Ransom or as a Shield or Hostage 

(1)(a)  The term "kidnapping" means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: 

1.  Hold for ransom or reward or as a shield or hostage.

If conviction occurred prior to 2003:

787.01(3)(a)  Kidnapping; Of Child Under 13 While Committing Aggravated Child Abuse, Sexual Battery, Indecent Assault, Prostitution Or Exploitation 

(3)(a)  A person who commits the offense of kidnapping upon a child under the age of 13 and who, in the course of committing the offense, commits one or more of the following:  

1.  Aggravated child abuse, as defined in s. 827.03

2.  Sexual battery, as defined in chapter 794, against the child;  

3.  Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition, in violation of s. 800.04

4.  A violation of s. 796.03 or s. 796.04, relating to prostitution, upon the child; or  

5.  Exploitation of the child or allowing the child to be exploited, in violation of s. 450.151, commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

If conviction occurred in 2003 or later:

787.01(3)(a)(1)  Kidnapping; Of Child Under 13 While Committing Aggravated Child Abuse  

(3)(a)  A person who commits the offense of kidnapping upon a child under the age of 13 and who, in the course of committing the offense, commits one or more of the following:  

1.  Aggravated child abuse, as defined in s. 827.03;

787.01(1)(a)(3)  Kidnapping; Assault Or Terrorize The Victim Or Another Person 

(1)(a)  The term "kidnapping" means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: 

3.  Inflict bodily harm upon or to terrorize the victim or another person.

787.01(1)(b)  Kidnapping; Confinement Of A Child Under 13; No Ransom Or Assault

(b)  Confinement of a child under the age of 13 is against her or his will within the meaning of this subsection if such confinement is without the consent of her or his parent or legal guardian.

787.01(1)(a)(4)  Kidnapping; Interfere With The Performance Of Any Governmental Or Political Function 

(1)(a)  The term "kidnapping" means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to:

4.  Interfere with the performance of any governmental or political function.

787.02(2)  False Imprisonment, Restraining With Purpose Other Than In 787.01 

(1)(a)  The term "false imprisonment" means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.  

(b)  Confinement of a child under the age of 13 is against her or his will within the meaning of this section if such confinement is without the consent of her or his parent or legal guardian.  

(2)  A person who commits the offense of false imprisonment is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

If conviction occurred prior to 1995: 

787.02(1)(b)  Kidnapping Of Minor (Child Under The Age Of 13) Without Consent 

(1)(b) Confinement of a child under the age of 13 is against his will within the meaning of this section if such confinement is without the consent of his parent or legal guardian. 

If conviction occurred in 1995 or later: 

787.02(1)(b)  Kidnapping Of Minor (Child Under The Age Of 13) Without Consent  

(1)(a)  The term "false imprisonment" means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.  

(b)  Confinement of a child under the age of 13 is against her or his will within the meaning of this section if such confinement is without the consent of her or his parent or legal guardian.

If conviction occurred prior to 2003: 

787.02(3)(a)  False Imprisonment; Of A Child Under 13 While Committing Aggravated Child Abuse, Sexual Battery, Indecent Assault, Prostitution Or Exploitation 

(3)(a)  A person who commits the offense of false imprisonment upon a child under the age of 13 and who, in the course of committing the offense, commits any offense enumerated in subparagraphs 1.-5., commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.  

1.  Aggravated child abuse, as defined in s. 827.03

2.  Sexual battery, as defined in chapter 794, against the child;  

3.  Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition, in violation of s. 800.04

4.  A violation of s. 796.03 or s. 796.04,relating to prostitution, upon the child; or  

5.  Exploitation of the child or allowing the child to be exploited, in violation of s. 450.151. 
 

If conviction occurred in 2003 or later: 

787.02(3)(a)(1)  False Imprisonment; Of A Child Under 13

While Committing Aggravated Child Abuse

(3)(a)  A person who commits the offense of false imprisonment upon a child under the age of 13 and who, in the course of committing the offense, commits any offense enumerated in subparagraphs 1.-5.,commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082,s. 775.083, or s. 775.084. 

1.  Aggravated child abuse, as defined in s. 827.03;

787.025  Luring A Child Into A Building Or Car With Intent To Commit A Felony 

(1)  As used in this section, the term:  

(a)  "Structure" means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof.  

(b)  "Dwelling" means a building or conveyance of any kind, either temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging together therein at night, together with the curtilage thereof.  

(c)  "Conveyance" means any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car.  

(2)(a)  A person over the age of 18 who, having been previously convicted of a violation of chapter 794 or s. 800.04,or a violation of a similar law of another jurisdiction, intentionally lures or entices, or attempts to lure or entice, a child under the age of 12 into a structure, dwelling, or conveyance for other than a lawful purpose commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.  

(b)  For purposes of this section, the luring or enticing, or attempted luring or enticing, of a child under the age of 12 into a structure, dwelling, or conveyance without the consent of the child's parent or legal guardian shall be prima facie evidence of other than a lawful purpose.  

(3)  It is an affirmative defense to a prosecution under this section that:  

(a)  The person reasonably believed that his or her action was necessary to prevent the child from being seriously injured.

(b)  The person lured or enticed, or attempted to lure or entice, the child under the age of 12 into a structure, dwelling, or conveyance for a lawful purpose.  

(c)  The person's actions were reasonable under the circumstances and the defendant did not have any intent to harm the health, safety, or welfare of the child.

787.06 Human trafficking

(3) Any person who knowingly, or in reckless disregard of the facts, engages in, or attempts to engage in, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking:


(b) Using coercion for commercial sexual activity commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


(d) Using coercion for commercial sexual activity of any individual who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


(f) Using coercion for commercial sexual activity who does so by the transfer or transport of any individual from outside this state to within the state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


(g) For commercial sexual activity in which any child under the age of 18 is involved commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084. In a prosecution under this paragraph in which the defendant had a reasonable opportunity to observe the person who was subject to human trafficking, the state need not prove that the defendant knew that the person had not attained the age of 18 years.


(h) For commercial sexual activity in which any child under the age of 15 is involved commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In a prosecution under this paragraph in which the defendant had a reasonable opportunity to observe the person who was subject to human trafficking, the state need not prove that the defendant knew that the person had not attained the age of 15 years.


For each instance of human trafficking of any individual under this subsection, a separate crime is committed and a separate punishment is authorized.


History.-s. 2, ch. 2004-391; s. 1, ch. 2006-168; s. 5, ch. 2012-97.

Sex Assault/Battery
Rape With Gun
Rape With Other Weapon (than gun)
Strongarm Rape
Sodomy On Boy With Gun
Sodomy On Man With Gun
Sodomy On Woman With Gun
Sodomy On Boy With Other Weapon(than gun)
Sodomy On Man With Other Weapon(than gun)
Sodomy On Girl With Other Weapon (than gun)
Sodomy On Woman With Other Weapon (than gun)
Strongarm Sodomy On Boy
Strongarm Sodomy On Man
Strongarm Sodomy On Girl
Strongarm Sodomy On Woman
794.05(1)  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. As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose.

Carnal Abuse
794.011(4)(g)  Sexual Battery By A Law Enforcement Officer 

(4)  A person who commits sexual battery upon a person 12 years of age or older without that person's consent, under any of the following circumstances, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115

(g)  When the offender is a law enforcement officer, correctional officer, or correctional probation officer as defined by s. 943.10(1), (2), (3), (6), (7), (8), or (9), who is certified under the provisions of s. 943.1395 or is an elected official exempt from such certification by virtue of s. 943.253, or any other person in a position of control or authority in a probation, community control, controlled release, detention, custodial, or similar setting, and such officer, official, or person is acting in such a manner as to lead the victim to reasonably believe that the offender is in a position of control or authority as an agent or employee of government.

(1)  As used in this chapter: 

(h)  "Sexual battery" 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 battery does not include an act done for a bona fide medical purpose.

944.35(3)(b)(2)  Correctional Staff Engaging In Sex With An Inmate Or Offender

(b)1.  As used in this paragraph, the term "sexual misconduct" means the 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, but does not include an act done for a bona fide medical purpose or an internal search conducted in the lawful performance of the employee's duty.  

2.  Any employee of the department 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.

If conviction occurred prior to 1993:

794.011(2)  Person 18 Or Older Commits Sexual Battery And/Or Injures Sexual Organs Of A Victim Less Than 12 

2. A person 18 years of age or older who commits sexual battery upon, or injures the sexual organs of, a person less than 12 years of age in an attempt to commit sexual battery upon such person commits a capital felony, punishable as provided in ss. 775.082 and 921.141.  If the offender is under the age of 18, that person is guilty of a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 
 

If conviction between 1993 and 1994:

794.011(2)(a)  Person 18 Or Older Commits Sexual Battery And/Or Injures Sexual Organs Of A Victim Less Than 12 

2(a) A person 18 years of age or older who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age commits a capital felony, punishable as provided in ss. 775.082 and 921.141. 

If conviction in 1995 or later:

794.011(2)(a)  Person 18 Or Older Commits Sexual Battery And/Or Injures Sexual Organs Of A Victim Less Than 12

(2)(a)  A person 18 years of age or older who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age commits a capital felony, punishable as provided in ss. 775.082 and 921.141. 
 

(1)  As used in this chapter: 

(h)  "Sexual battery" 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 battery does not include an act done for a bona fide medical purpose.

794.011(2)(b)  Person Under 18 Commits Sexual Battery Upon Or Injures Sexual Organs Of A Victim Less Than 12 

(2)(b)  A person less than 18 years of age who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age commits a life felony, punishable as provided in s. 775.082,s. 775.083, s. 775.084, or s. 794.0115. 
 

(1)  As used in this chapter: 

(h)  "Sexual battery" 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 battery does not include an act done for a bona fide medical purpose.

If conviction occurred prior to 2002 :

794.011(3)  Commits Sexual Battery; Upon Person 12 Or Older Without Consent And In Process Threatens Or Uses Deadly Weapon Or Force Which Would Most Likely Cause Serious Personal Injury 

(3)  A person who commits sexual battery upon a person 12 years of age or older, without that person's consent, and in the process thereof uses or threatens to use a deadly weapon or uses actual physical force likely to cause serious personal injury commits a life felony, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115

(1)  As used in this chapter: 

(a)  "Consent" means intelligent, knowing, and voluntary consent and does not include coerced submission. "Consent" shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender. 

(g)  "Serious personal injury" means great bodily harm or pain, permanent disability, or permanent disfigurement.  

(h)  "Sexual battery" 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 battery does not include an act done for a bona fide medical purpose.

If conviction occurred in 2003 or later:

794.011(3)  Commits Sexual Battery; Upon Person 12 Or Older Without Consent And In Process Threatens Or Uses Deadly Weapon Or Force Which Would Most Likely Cause Serious Personal Injury 

(3)  A person who commits sexual battery upon a person 12 years of age or older, without that person's consent, and in the process thereof uses or threatens to use a deadly weapon or uses actual physical force likely to cause serious personal injury commits a life felony, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115. 
 

(1)  As used in this chapter: 

(a)  "Consent" means intelligent, knowing, and voluntary consent and does not include coerced submission. "Consent" shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender. 

(g)  "Serious personal injury" means great bodily harm or pain, permanent disability, or permanent disfigurement.  

(h)  "Sexual battery" means oral, anal, or vaginal penetration by, or union with, the sexual organ of ?nother or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose.

794.011(4)(a)  Commits Sexual Battery; Victim 12 Or Older And Physically Helpless 

(4)  A person who commits sexual battery upon a person 12 years of age or older without that person's consent, under any of the following circumstances, commits a felony of the first degree, punishable as provided in s. 775.082,s. 775.083, s. 775.084,or s. 794.0115

(a)  When the victim is physically helpless to resist.

(1)  As used in this chapter: 

(a)  "Consent" means intelligent, knowing, and voluntary consent and does not include coerced submission. "Consent" shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender. 

(e)  "Physically helpless" means unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act. 

(h)  "Sexual battery" 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 battery does not include an act done for a bona fide medical purpose. 

(i)  "Victim" means a person who has been the object of a sexual offense.

794.011(4)(b)  Commits Sexual Battery; Victim 12 Or Older; Offender Coerces Victim By Threat Of Force Or Violence 

(4)  A person who commits sexual battery upon a person 12 years of age or older without that person's consent, under any of the following circumstances, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115:  

(c)  When the offender coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim reasonably believes that the offender has the ability to execute the threat in the future. 
 

(1)  As used in this chapter: 

(d)  "Offender" means a person accused of a sexual offense in violation of a provision of this chapter. 

(f)  "Retaliation" includes, but is not limited to, threats of future physical punishment, kidnapping, false imprisonment or forcible confinement, or extortion.  

(h)  "Sexual battery" 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 battery does not include an act done for a bona fide medical purpose. 

(i)  "Victim" means a person who has been the object of a sexual offense.

794.011(4)(c)  Commits Sexual Battery; Victim 12 Or Older; Offender Coerces Victim By Use Of Retaliation Threats
794.011(4)(d)  Commits Sexual Battery; Victim 12 Or Older; Offender Administers To Victim Without Consent Narcotic Or Other Intoxicating Substance 

(4)  A person who commits sexual battery upon a person 12 years of age or older without that person's consent, under any of the following circumstances, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115:  

(d)  When the offender, without the prior knowledge or consent of the victim, administers or has knowledge of someone else administering to the victim any narcotic, anesthetic, or other intoxicating substance which mentally or physically incapacitates the victim. 
 

(1)  As used in this chapter: 

(a)  "Consent" means intelligent, knowing, and voluntary consent and does not include coerced submission. "Consent" shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.   

(c)  "Mentally incapacitated" means temporarily incapable of appraising or controlling a person's own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to any other act committed upon that person without his or her consent. 

(d)  "Offender" means a person accused of a sexual offense in violation of a provision of this chapter. 

(h)  "Sexual battery" 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 battery does not include an act done for a bona fide medical purpose. 

(i)  "Victim" means a person who has been the object of a sexual offense. 

(j)  "Physically incapacitated" means bodily impaired or handicapped and substantially limited in ability to resist or flee.

If conviction occurred prior to 1995: 

794.011(8)(b)  Commits Sexual Battery; Coerces By Authority (Engages In Sexual Activity With A Child) 

(8)  Without regard to the willingness or consent of the victim, which is not a defense to prosecution under this subsection, a person who is in a position of familial or custodial authority to a person less than 18 years of age and who: 

(b) Engages in any act with that person while the person is 12 years of age or older but less than 18 years of age which constitutes sexual battery under paragraph (1)(h) commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 

If conviction between 1995 and 2001: 

794.011(8)(b)  Commits Sexual Battery; Coerces By Authority (Engages In Sexual Activity With A Child) 

(8)  Without regard to the willingness or consent of the victim, which is not a defense to prosecution under this subsection, a person who is in a position of familial or custodial authority to a person less than 18 years of age and who: 

(b)  Engages in any act with that person while the person is 12 years of age or older but less than 18 years of age which constitutes sexual battery under paragraph (1)(h) commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 
 

(1)  As used in this chapter: 

(a)  "Consent" means intelligent, knowing, and voluntary consent and does not include coerced submission. "Consent" shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender. 

(h)  "Sexual battery" 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 battery does not include an act done for a bona fide medical purpose. 

(i)  "Victim" means a person who has been the object of a sexual offense. 
 

If conviction in 2002 or later: 

794.011(8)(b)  Commits Sexual Battery; Coerces Child by Adult  

(8)  Without regard to the willingness or consent of the victim, which is not a defense to prosecution under this subsection, a person who is in a position of familial or custodial authority to a person less than 18 years of age and who: 

(b)  Engages in any act with that person while the person is 12 years of age or older but less than 18 years of age which constitutes sexual battery under paragraph (1)(h) commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 
 

(1)  As used in this section, the following definitions shall apply:  

(a)  "Deviate sexual intercourse" means sexual conduct between persons not married to each other consisting of contact between the penis and the anus, the mouth and the penis, or the mouth and the vulva. 

(b)  "Performance" means any play, motion picture, photograph, or dance or any other visual representation exhibited before an audience.  

(c)  "Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do the same.  

(d)  "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.  

(e)  "Sexual battery" 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 battery" does not include an act done for a bona fide medical purpose.  

(f)  "Sexual bestiality" means any sexual act between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other.  

(g)  "Sexual conduct" means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast, with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. A mother's breastfeeding of her baby does not under any circumstance constitute "sexual conduct."  

(h)  "Sexual performance" means any performance or part thereof which includes sexual conduct by a child of less than 18 years of age.  

(i)  "Simulated" means the explicit depiction of conduct set forth in paragraph (g) which creates the appearance of such conduct and which exhibits any uncovered portion of the breasts, genitals, or buttocks.

794.011(4)(e)  Commits Sexual Battery; Victim 12 Or Older; And Mentally Defective 

(4)  A person who commits sexual battery upon a person 12 years of age or older without that person's consent, under any of the following circumstances, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115

(e)  When the victim is mentally defective and the offender has reason to believe this or has actual knowledge of this fact. 
 

(1)  As used in this chapter: 

(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. 

(h)  "Sexual battery" 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 battery does not include an act done for a bona fide medical purpose. 

(i)  "Victim" means a person who has been the object of a sexual offense.

794.011(5)  Commits Sexual Battery; Victim 12 Or Older And In Process Uses Physical Force Not Likely To Cause Serious Personal Injury 

(5)  A person who commits sexual battery upon a person 12 years of age or older, without that person's consent, and in the process thereof does not use physical force and violence likely to cause serious personal injury commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115. 
 

(1)  As used in this chapter: 

(a)  "Consent" means intelligent, knowing, and voluntary consent and does not include coerced submission. "Consent" shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.   

(g)  "Serious personal injury" means great bodily harm or pain, permanent disability, or permanent disfigurement. 

(h)  "Sexual battery" 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 battery does not include an act done for a bona fide medical purpose.

794.011  Sexual Battery Unspecified 

(1)  As used in this chapter: 

(h)  "Sexual battery" 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 battery does not include an act done for a bona fide medical purpose.

If conviction occurred prior to 1995:

794.011(2)(a)  Commits Sexual Battery; Coerces By Authority (Solicitation) A Victim Under 18 

(8)  Without regard to the willingness or consent of the victim, which is not a defense to prosecution under this subsection, a person who is in a position of familial or custodial authority to a person less than 18 years of age and who:

(a)  With knowledge that, as a consequence of the sale or transfer, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or  

(b)  With intent to promote either:  

1.  The engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct; or  

2.  The rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct; shall be guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

827.071(2)  Induces, Employs Or Authorizes Child To Engage In Sexual Performance 

(2)  A person is guilty of the use of a child in a sexual performance if, knowing the character and content thereof, he or she employs, authorizes, or induces a child less than 18 years of age to engage in a sexual performance or, being a parent, legal guardian, or custodian of such child, consents to the participation by such child in a sexual performance. Whoever violates this subsection is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 
 

(1)  As used in this section, the following definitions shall apply:  

(a)  "Deviate sexual intercourse" means sexual conduct between persons not married to each other consisting of contact between the penis and the anus, the mouth and the penis, or the mouth and the vulva.  

(b)  "Performance" means any play, motion picture, photograph, or dance or any other visual representation exhibited before an audience.  

(c)  "Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do the same.  

(d)  "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.  

(e)  "Sexual battery" 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 battery" does not include an act done for a bona fide medical purpose.  

(f)  "Sexual bestiality" means any sexual act between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other.  

(g)  "Sexual conduct" means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast, with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. A mother's breastfeeding of her baby does not under any circumstance constitute "sexual conduct."  

(h)  "Sexual performance" means any performance or part thereof which includes sexual conduct by a child of less than 18 years of age.  

(i)  "Simulated" means the explicit depiction of conduct set forth in paragraph (g) which creates the appearance of such conduct and which exhibits any uncovered portion of the breasts, genitals, or buttocks.

827.071(3)  Promotes Sexual Performance By A Child Which Includes Sexual Conduct 

(3)  A person is guilty of promoting a sexual performance by a child when, knowing the character and content thereof, he or she produces, directs, or promotes any performance which includes sexual conduct by a child less than 18 years of age. Whoever violates this subsection is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(1)  As used in this section, the following definitions shall apply:  

(a)  "Deviate sexual intercourse" means sexual conduct between persons not married to each other consisting of contact between the penis and the anus, the mouth and the penis, or the mouth and the vulva.  

(b)  "Performance" means any play, motion picture, photograph, or dance or any other visual representation exhibited before an audience.  

(c)  "Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do the same.  

(d)  "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. 

(e)  "Sexual battery" 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 battery" does not include an act done for a bona fide medical purpose.  

(f)  "Sexual bestiality" means any sexual act between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other.  

(g)  "Sexual conduct" means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast, with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. A mother's breastfeeding of her baby does not under any circumstance constitute "sexual conduct."  

(h)  "Sexual performance" means any performance or part thereof which includes sexual conduct by a child of less than 18 years of age.  

(i)  "Simulated" means the explicit depiction of conduct set forth in paragraph (g) which creates the appearance of such conduct and which exhibits any uncovered portion of the breasts, genitals, or buttocks.

827.071(4)  Promotes Photograph, Film Or Other Presentation Which Includes Sexual Conduct By Child 

(4)  It is unlawful for any person to possess with the intent to promote any photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, includes any sexual conduct by a child. The possession of three or more copies of such photograph, motion picture, representation, or presentation is prima facie evidence of an intent to promote. Whoever violates this subsection is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 
 

(1)  As used in this section, the following definitions shall apply:  

(a)  "Deviate sexual intercourse" means sexual conduct between persons not married to each other consisting of contact between the penis and the anus, the mouth and the penis, or the mouth and the vulva.  

827.071(5)  Possess Photograph, Film Or Other Representation That Knowingly Includes Sexual Conduct By Child 

(5)  It is unlawful for any person to knowingly possess a photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, he or she knows to include any sexual conduct by a child. The possession of each such photograph, motion picture, exhibition, show, representation, or presentation is a separate offense. Whoever violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 
 

794.05(1)  Adult Engaging In Sex With A Minor Over Age 15 

(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. As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose.

794.011(4)(f)  Commits Sexual Battery; Victim 12 Or Older; And Physically Incapacitated 

(4)  A person who commits sexual battery upon a person 12 years of age or older without that person's consent, under any of the following circumstances, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115:  

(f)  When the victim is physically incapacitated. 
 

(1)  As used in this chapter: 

(a)  "Consent" means intelligent, knowing, and voluntary consent and does not include coerced submission. "Consent" shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.   

(h)  "Sexual battery" 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 battery does not include an act done for a bona fide medical purpose. 

(i)  "Victim" means a person who has been the object of a sexual offense.  

(j)  "Physically incapacitated" means bodily impaired or handicapped and substantially limited in ability to resist or flee.

794.011(8)(a)  Sexual Battery; Solicitation of a Child 

(8)  Without regard to the willingness or consent of the victim, which is not a defense to prosecution under this subsection, a person who is in a position of familial or custodial authority to a person less than 18 years of age and who:  

(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. 775.082, s. 775.083,or s. 775.084. 
 

(1)  As used in this chapter: 

(a)  "Consent" means intelligent, knowing, and voluntary consent and does not include coerced submission. "Consent" shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender. 

(h)  "Sexual battery" 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 battery does not include an act done for a bona fide medical purpose. 

(i)  "Victim" means a person who has been the object of a sexual offense.

794.011(8)(b)  Sexual Battery; Coerce Child by Adult 

(8)  Without regard to the willingness or consent of the victim, which is not a defense to prosecution under this subsection, a person who is in a position of familial or custodial authority to a person less than 18 years of age and who: 

(b)  Engages in any act with that person while the person is 12 years of age or older but less than 18 years of age which constitutes sexual battery under paragraph (1)(h) commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 
 

(1)  As used in this chapter: 

(a)  "Consent" means intelligent, knowing, and voluntary consent and does not include coerced submission. "Consent" shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender. 

(h)  "Sexual battery" 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 battery does not include an act done for a bona fide medical purpose. 

(i)  "Victim" means a person who has been the object of a sexual offense.

847.0135(2)  Using A Computer System Or Network To Solicit Or Obtain Sex With A Minor 

(2)  COMPUTER PORNOGRAPHY.--A person who:

(a)  Knowingly compiles, enters into, or transmits by use of computer;  

(b)  Makes, prints, publishes, or reproduces by other computerized means;  

(c)  Knowingly causes or allows to be entered into or transmitted by use of computer; or  

(d)  Buys, sells, receives, exchanges, or disseminates, any notice, statement, or advertisement of any minor's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or soliciting sexual conduct of or with any minor, or the visual depiction of such conduct, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this section shall not constitute a defense to a prosecution under this section.

If conviction occurred prior to 1998:

847.0135(3)  Using The Internet To Solicit Or Obtain Acts Which Violate F.S. 749, 800, Or 827 

(3)  CERTAIN USES OF COMPUTER SERVICES PROHIBITED.--Any person who knowingly utilizes a computer on-line service, Internet service, or local bulletin board service to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another person believed by the person to be a child, to commit any illegal act described in chapter 794, relating to sexual battery; chapter 800, relating to lewdness and indecent exposure; or chapter 827, relating to child abuse, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 
 

If conviction occurred in 1998 or later: 

847.0135(3)  Using The Internet To Solicit Or Obtain Acts Which Violate F.S. 749, 800, Or 827 

(3)  CERTAIN USES OF COMPUTER SERVICES PROHIBITED.--Any person who knowingly utilizes a computer on-line service, Internet service, or local bulletin board service to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another person believed by the person to be a child, to commit any illegal act described in chapter 794, relating to sexual battery; chapter 800, relating to lewdness and indecent exposure; or chapter 827, relating to child abuse, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

847.0135(4)  Traveling To Meet Minor To Commit Unlawful Sexual Offense

(4)  TRAVELING TO MEET A MINOR.--Any person who travels any distance either within this state, to this state, or from this state by any means, who attempts to do so, or who causes another to do so or to attempt to do so for the purpose of engaging in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child or with another person believed by the person to be a child after using a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to:

(a)  Seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice a child or another person believed by the person to be a child, to engage in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child; or

(b)  Solicit, lure, or entice or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct, commits a felony of the second degree, punishable as provided in s.775.082, s. 775.083, or s. 775.084. 
 

847.0135(5)(c)  Lewd, Lascivious Act By Computer Transmission 

(4)  CERTAIN COMPUTER TRANSMISSIONS PROHIBITED.--

(a)  A person who:

1.  Intentionally masturbates;

2.  Intentionally exposes the genitals in a lewd or lascivious manner; or

3.  Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity live over a computer online service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim in this state who is less than 16 years of age, commits lewd or lascivious exhibition in violation of this subsection. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this subsection shall not constitute a defense to a prosecution under this subsection.

(c)  An offender less than 18 years of age who commits a lewd or lascivious exhibition using a computer commits a felony of the third degree, punishable as provided in s.775.082, s. 775.083, or s. 775.084. 
 

847.0135(3)(a) Computer pornography; prohibited computer usage; traveling to meet minor 

(3) CERTAIN USES OF COMPUTER SERVICES OR DEVICES PROHIBITED. -- Any person who knowingly uses a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to:

(a) Seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another person believed by the person to be a child, to commit any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a child

847.0135(3)(b) Computer pornography; prohibited computer usage; traveling to meet minor 

(3) CERTAIN USES OF COMPUTER SERVICES OR DEVICES PROHIBITED. -- Any person who knowingly uses a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to:

(b) Solicit, lure, or entice, or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct

Sexual Assault Unspecified/Other State
847.0135(5)(c)  Lewd, Lascivious Act By Computer Transmission  

(5)  CERTAIN COMPUTER TRANSMISSIONS PROHIBITED.--

(a)  A person who:

1.  Intentionally masturbates;

2.  Intentionally exposes the genitals in a lewd or lascivious manner; or

3.  Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity live over a computer online service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim in this state who is less than 16 years of age, commits lewd or lascivious exhibition in violation of this subsection. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this subsection shall not constitute a defense to a prosecution under this subsection.

(c) An offender less than 18 years of age who commits a lewd or lascivious exhibition using a computer commits a felony of the third degree, punishable as provided in s.775.082, s. 775.083, or s. 775.084. 
 

Sex Offense
800.04  Lewdly Fondle Or Assault, Commit Or Simulate Sexual Acts On Or In Presence Of A Child Under 16 In A Lewd, Lascivious Or Indecent Manner 

A person who:  

(1)  Handles, fondles, or assaults any child under the age of 16 years in a lewd, lascivious, or indecent manner; 

(2)  Commits actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, actual lewd exhibition of the genitals, or any act or conduct which simulates that sexual battery is being or will be committed upon any child under the age of 16 years or forces or entices the child to commit any such act;  

(3)  Commits an act defined as sexual battery under s. 794.011(1)(h) upon any child under the age of 16 years; or  

(4)  Knowingly commits any lewd or lascivious act in the presence of any child under the age of 16 years, without committing the crime of sexual battery, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Neither the victim's lack of chastity nor the victim's consent is a defense to the crime proscribed by this section. A mother's breastfeeding of her baby does not under any circumstance violate this section.

800.04(3)  Commits Act Defined As Sexual Battery Against Child Under Age 16 

A person who:  

(3)  Commits an act defined as sexual battery under s. 794.011(1)(h) upon any child under the age of 16 years; or 
 

794.011(1)(h)  "Sexual battery" 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 battery does not include an act done for a bona fide medical purpose. 
 

800.04(4)  Engaging In Sexual Activity With A Person 12 To 15 Or Encouraging, Forcing, Or Enticing A Person Under 16 To Engage In Sadomasochistic Abuse, Sexual Bestiality, Prostitution, Or Any Other Act Involving Sexual Activity 

(4)  LEWD OR LASCIVIOUS BATTERY.--A person who:  

(a)  Engages in sexual activity with a person 12 years of age or older but less than 16 years of age; or  

(b)  Encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity commits lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 
 

(1)  DEFINITIONS.--As used in this section:  

(a)  "Sexual activity" means the 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.

800.04(5)(b)  A Person 18 Or Older Intentionally Touching In A Lewd Or Lascivious Manner The Breasts, Genitals, Genital Area, Or Buttocks, Or The Clothing Covering Them, Of A Person Under 12, Or Forcing Or Enticing A Person Under 12 To So Touch The Perpetrator 

(5)  LEWD OR LASCIVIOUS MOLESTATION.-- 

(a)  A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation. 

(b)  An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony, punishable as provided in s. 775.082(3)(a)4. 
 

(1)  DEFINITIONS.--As used in this section:

"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.

800.04(5)(c)(1)  A Person Under 18 Intentionally Touching In A Lewd Or Lascivious Manner The Breasts, Genitals, Genital Area, Or Buttocks, Or The Clothing Covering Them, Of A Person Under 12, Or Forcing Or Enticing A Person Under 12 To So Touch The Perpetrator 

(5)  LEWD OR LASCIVIOUS MOLESTATION.-- 

(a)  A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation. 

(c)1.  An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; 
 

(1)  DEFINITIONS.--As used in this section:  

(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.

800.04(5)(c)(2)  A Person 18 Or Older Intentionally Touching In A Lewd Or Lascivious Manner The Breasts, Genitals, Genital Area, Or Buttocks, Or The Clothing Covering Them, Of A Person 12 To 15, Or Forcing Or Enticing A Person 12 To 15 To So Touch The Perpetrator 

(5)  LEWD OR LASCIVIOUS MOLESTATION.-- 

(a)  A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits ewd or lascivious molestation. 

(c) 2.  An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 
 

(1)  DEFINITIONS.--As used in this section:  

(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.

800.04(5)(d)  A Person Under 18 Intentionally Touching In A Lewd Or Lascivious Manner The Breasts, Genitals, Genital Area, Or Buttocks, Or The Clothing Covering Them, Of A Person 12 To 15, Or Forcing Or Enticing A Person 12 To 15 To So Touch The Perpetrator 

(5)  LEWD OR LASCIVIOUS MOLESTATION.-- 

(a)  A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.

(d)  An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 
 

(1)  DEFINITIONS.--As used in this section:  

(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.

800.04(6)(b)  A Person 18 Or Older Intentionally Touching A Person Under 16 In A Lewd Or Lascivious Manner Or Soliciting A Person Under 16 To Commit A Lewd Or Lascivious Act 

(6)  LEWD OR LASCIVIOUS CONDUCT.--  

(a)  A person who:  

1.  Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or  

2.  Solicits a person under 16 years of age to commit a lewd or lascivious act commits lewd or lascivious conduct. 

(b)  An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

800.04(6)(c)  A Person Under 18 Intentionally Touching A Person Under 16 In A Lewd Or Lascivious Manner Or Soliciting A Person Under 16 To Commit A Lewd Or Lascivious Act 

(6)  LEWD OR LASCIVIOUS CONDUCT.--  

(a)  A person who:  

1.  Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or  

2.  Solicits a person under 16 years of age to commit a lewd or lascivious act commits lewd or lascivious conduct.  

(c)  An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

If conviction occurred prior to 2000:

800.04(7)(b)  A Person 18 Or Older Intentionally Masturbating, Exposing Genitals In A Lewd Or Lascivious Manner, Or Committing Any Other Sexual Act With No Actual Physical Or Sexual Contact In The Presence Of A Person Under 16. 

(7)  LEWD OR LASCIVIOUS EXHIBITION.--  

(a)  A person who:  

1.  Intentionally masturbates;  

2.  Intentionally exposes the genitals in a lewd or lascivious manner; or  

3.  Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.  

(b)  An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084
 

If conviction occurred between 2000 and 2007:

800.04(7)(c)  A Person 18 Or Older Intentionally Masturbating, Exposing Genitals In A Lewd Or Lascivious Manner, Or Committing Any Other Sexual Act With No Actual Physical Or Sexual Contact, Including Sadomasochistic Abuse, Sexual Bestiality, Or The Simulation Of Any Act Involving Sexual Activity In The Presence Of A Person Under 16. 

(7)  LEWD OR LASCIVIOUS EXHIBITION.--  

(a)  A person who:  

1.  Intentionally masturbates;  

2.  Intentionally exposes the genitals in a lewd or lascivious manner; or  

3.  Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.  

(b)  A person who:  

1.  Intentionally masturbates;  

2.  Intentionally exposes the genitals in a lewd or lascivious manner; or  

3.  Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity live over a computer on-line service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim in this state who is less than 16 years of age, commits lewd or lascivious exhibition. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this paragraph shall not constitute a defense to a prosecution under this paragraph.  

(c)  An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

If conviction occurred in 2008 or later:

800.04(7)(b)  A Person 18 Or Older Intentionally Masturbating, Exposing Genitals In A Lewd Or Lascivious Manner, Or Committing Any Other Sexual Act With No Actual Physical Or Sexual Contact, Including Sadomasochistic Abuse, Sexual Bestiality, Or The Simulation Of Any Act Involving Sexual Activity In The Presence Of A Person Under 16. 

(7)  LEWD OR LASCIVIOUS EXHIBITION.--  

(a)  A person who:  

1.  Intentionally masturbates;  

2.  Intentionally exposes the genitals in a lewd or lascivious manner; or  

3.  Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.  

(b)  An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

If conviction occurred prior to 2000:

800.04(7)(c)  A Person Under 18 Intentionally Masturbating, Exposing Genitals In A Lewd Or Lascivious Manner, Or Committing Any Other Sexual Act With No Actual Physical Or Sexual Contact, Including Sadomasochistic Abuse, Sexual Bestiality, Or The Simulation Of Any Act Involving Sexual Activity In The Presence Of A Person Under 16. 

(7)  LEWD OR LASCIVIOUS EXHIBITION.--  

(a)  A person who:  

1.  Intentionally masturbates;  

2.  Intentionally exposes the genitals in a

lewd or lascivious manner; or  

3.  Intentionally commit any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.  

(c)  An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084
 

If conviction occurred between 2000 and 2007:

800.04(7)(d)  A Person Under 18 Intentionally Masturbating, Exposing Genitals In A Lewd Or Lascivious Manner, Or Committing Any Other Sexual Act With No Actual Physical Or Sexual Contact, Including Sadomasochistic Abuse, Sexual Bestiality, Or The Simulation Of Any Act Involving Sexual Activity In The Presence Of A Person Under 16. 

(7)  LEWD OR LASCIVIOUS EXHIBITION.--  

(a)  A person who:  

1.  Intentionally masturbates;  

2.  Intentionally exposes the genitals in a lewd or lascivious manner; or  

3.  Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.  

(b)  A person who:  

1.  Intentionally masturbates;  

2.  Intentionally exposes the genitals in a lewd or lascivious manner; or  

3.  Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity live over a computer on-line service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim in this state who is less than 16 years of age, commits lewd or lascivious exhibition. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this paragraph shall not constitute a defense to a prosecution under this paragraph.  

(d)  An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

If conviction occurred in 2008 or later:

800.04(7)(c)  A Person Under 18 Intentionally Masturbating, Exposing Genitals In A Lewd Or Lascivious Manner, Or Committing Any Other Sexual Act With No Actual Physical Or Sexual Contact, Including Sadomasochistic Abuse, Sexual Bestiality, Or The Simulation Of Any Act Involving Sexual Activity In The Presence Of A Person Under 16. 

(7)  LEWD OR LASCIVIOUS EXHIBITION.--  

(a)  A person who:  

1.  Intentionally masturbates;  

2.  Intentionally exposes the genitals in a lewd or lascivious manner; or  

3.  Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.  

(c)  An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

If conviction occurred prior to 2000:

800.04(7)(b)  A Person 18 Or Older Intentionally Masturbating, Exposing Genitals In A Lewd Or Lascivious Manner, Or Committing Any Other Sexual Act With No Actual Physical Or Sexual Contact In The Presence Of A Person Under 16. 

(7)  LEWD OR LASCIVIOUS EXHIBITION.--  

(a)  A person who:  

1.  Intentionally masturbates;  

2.  Intentionally exposes the genitals in a lewd or lascivious manner; or  

3.  Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.  

(b)  An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084
 

If conviction occurred between 2000 and 2007:

800.04(7)(c)  A Person 18 Or Older Intentionally Masturbating, Exposing Genitals In A Lewd Or Lascivious Manner, Or Committing Any Other Sexual Act With No Actual Physical Or Sexual Contact, Including Sadomasochistic Abuse, Sexual Bestiality, Or The Simulation Of Any Act Involving Sexual Activity In The Presence Of A Person Under 16. 

(7)  LEWD OR LASCIVIOUS EXHIBITION.--  

(a)  A person who:  

1.  Intentionally masturbates;  

2.  Intentionally exposes the genitals in a lewd or lascivious manner; or  

3.  Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.  

(b)  A person who:  

1.  Intentionally masturbates;  

2.  Intentionally exposes the genitals in a lewd or lascivious manner; or  

3.  Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity live over a computer on-line service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim in this state who is less than 16 years of age, commits lewd or lascivious exhibition. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this paragraph shall not constitute a defense to a prosecution under this paragraph.  

(c)  An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

If conviction occurred in 2008 or later:

800.04(7)(b)  A Person 18 Or Older Intentionally Masturbating, Exposing Genitals In A Lewd Or Lascivious Manner, Or Committing Any Other Sexual Act With No Actual Physical Or Sexual Contact, Including Sadomasochistic Abuse, Sexual Bestiality, Or The Simulation Of Any Act Involving Sexual Activity In The Presence Of A Person Under 16. 

(7)  LEWD OR LASCIVIOUS EXHIBITION.--  

(a)  A person who:  

1.  Intentionally masturbates;  

2.  Intentionally exposes the genitals in a lewd or lascivious manner; or  

3.  Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.  

(b)  An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

810.145 Video voyeurism.

(8)(a)A person who is:


1.  Eighteen years of age or older who is responsible for the welfare of a child younger than 16 years of age, regardless of whether the person knows or has reason to know the age of the child, and who commits an offense under this section against that child;


2.  Eighteen years of age or older who is employed at a private school as defined in s. 1002.01; a school as defined in s. 1003.01; or a voluntary prekindergarten education program as described in s. 1002.53(3)(a), (b), or (c) and who commits an offense under this section against a student of the private school, school, or voluntary prekindergarten education program; or


3. Twenty-four years of age or older who commits an offense under this section against a child younger than 16 years of age, regardless of whether the person knows or has reason to know the age of the child commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) A person who violates this subsection and who has previously been convicted of or adjudicated delinquent for any violation of this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.-s. 1, ch. 2004-39; s. 1, ch. 2008-188; s. 7, ch. 2012-19; s. 1, ch. 2012-39.

800.04(4)(a)  Lewd or Lascivious Battery; Sex With Victim 12 To 15 

(4)  LEWD OR LASCIVIOUS BATTERY.--A person who:  

(a)  Engages in sexual activity with a person 12 years of age or older but less than 16 years of age; or  
 

(1)  DEFINITIONS.--As used in this section:  

(a)  "Sexual activity" means the 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.

800.04(4)(b)  Lewd or Lascivious Battery; Causing Person Under 16 To Engage in Sexual Act 

(4)  LEWD OR LASCIVIOUS BATTERY.--A person who:  

(b)  Encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity

(1)  DEFINITIONS.--As used in this section:  

(a)  "Sexual activity" means the 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.

800.04  Attempt to Lewdly Fondle Or Assault,Commit Or Simulate Sexual Acts On Or In Presence Of A Child Under 16 In A Lewd, Lascivious Or Indecent Manner 

A person who [attempts to]:  

(1)  Handle, fondle, or assault any child under the age of 16 years in a lewd, lascivious, or indecent manner;  

(2)  Commit actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, actual lewd exhibition of the genitals, or any act or conduct which simulates that sexual battery is being or will be committed upon any child under the age of 16 years or forces or entices the child to commit any such act;  

(3)  Commit an act defined as sexual battery under s. 794.011(1)(h) upon any child under the age of 16 years;

Other

Please contact Florida registry for instructions on how to obtain out of state crime information.  sexpred@fdle.state.fl.usor 1 (888) 357-7332.

PLEASE NOTE: Florida has a broad public records law under Florida Chapter 119. Emails sent to the FDLE Offender Registration & Tracking Services may be a public record subject to disclosure. If you would like to report information anonymously, please call our toll-free line at 1-888-357-7332.
Sex Offense-Other

For an offense(s) committed outside the state of Florida, please contact the appropriate state registry who can provide you with public records law and resources in that state for obtaining additional information, if permitted. 

The FBI houses a list of all of the sex offender registry web site addresses for each state. The FBI web site address is: http://www.fbi.gov/hq/cid/cac/states.htm. You should be able to obtain contact information from these sites, or by conducting a search for that state registry using your search engine.  

Please Note: Positive identification of a person believed to be a sexual predator or sexual offender cannot be established unless a fingerprint comparison is made, and that it is illegal to use public information regarding a registered sexual predator to facilitate the commission of a crime. 

If conviction occurred prior to 1995:

847.0145(1)  Visually Exploit Minor In Sexual Conduct 

(1)  Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, either: 

(a)  With knowledge that, as a consequence of the sale or transfer, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or 

(b)  With intent to promote either: 

1.  Intentionally masturbates;  

If conviction occurred in 1995 or later:

847.0145(1)  Visually Exploit Minor In Sexual Conduct 

(1)  Any parent, legal guardian, or other person or control of such minor, or offers to sell or otherwise transfer custody of such minor, either:  

If conviction occurred prior to 1995:

847.0145(2)  Purchasing Custody Of Minor For Sexual Conduct, Harmful To Minors 

(1)  Whoever purchases or otherwise obtains custody or control of a minor, or offers to purchase or otherwise obtain custody or control of a minor, either: 

(a)  With knowledge that, as a consequence of the purchase or obtaining of custody, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct;  

(b)  With intent to promote either: 

1.  The engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct; or 

2.  The rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct; 

Shall be guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 
 

If conviction occurred in 1995 or later:

847.0145(2)  Purchasing Custody Of Minor For Sexual Conduct, Harmful To Minors 

2)  Whoever purchases or otherwise obtains custody or control of a minor, or offers to purchase or otherwise obtain custody or control of a minor, either:  

(a)  With knowledge that, as a consequence of the purchase or obtaining of custody, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct;  

(b)  With intent to promote either:  

1.  The engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct; or  

2.  The rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct; shall be guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

847.0133  Provide Obscene Material To A Minor 

(1)  It is unlawful for any person knowingly to sell, rent, loan, give away, distribute, transmit, or show any obscene material to a minor. For purposes of this section "obscene material" means any obscene book, magazine, periodical, pamphlet, newspaper, comic book, story paper, written or printed story or article, writing paper, card, picture, drawing, photograph, motion picture film, figure, image, videotape, videocassette, phonograph record, or wire or tape or other recording, or any written, printed, or recorded matter of any such character which may or may not require mechanical or other means to be transmuted into auditory, visual, or sensory representations of such character, or any article or instrument for obscene use, or purporting to be for obscene use or purpose. The term "obscene" shall have the same meaning as set forth in s. 847.001.  

(2)  As used in this section "knowingly" has the same meaning set forth in s. 847.012(1). A "minor" is any person under the age of 18 years.  

(3)  A violation of the provisions of this section constitutes a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. 
 

847.012(1)  As used in this section, "knowingly" means having the general knowledge of, reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:

847.0135(5)(b)  Lewd, Lascivious Act By Computer Transmission 

(5)  CERTAIN COMPUTER TRANSMISSIONS PROHIBITED.--

(a)  A person who:

1.  Intentionally masturbates;

2.  Intentionally exposes the genitals in a lewd or lascivious manner; or

3.  Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity live over a computer online service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim in this state who is less than 16 years of age, commits lewd or lascivious exhibition in violation of this subsection. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this subsection shall not constitute a defense to a prosecution under this subsection.

(b) An offender 18 years of age or older who commits a lewd or lascivious exhibition using a computer commits a felony of the second degree, punishable as provided in s.775.082, s. 775.083, or s. 775.084. 
 

847.0137(2)  Transmitting Child Pornography To Another Person In This State Or In Another Jurisdiction 

(1)  For purposes of this section:  

(a)  "Minor" means any person less than 18 years of age.  

(b)  "Transmit" means the act of sending and causing to be delivered any image, information, or data from one or more persons or places to one or more other persons or places over or through any medium, including the Internet, by use of any electronic equipment or device.  

(2)  Notwithstanding ss. 847.012 and 847.0133, any person in this state who knew or reasonably should have known that he or she was transmitting child pornography, as defined in s. 847.001, to another person in this state or in another jurisdiction commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

847.0137(3)  Transmitting Child Pornography From Other Jurisdiction To Any Person In This State 

(1)  For purposes of this section:  

(a)  "Minor" means any person less than 18 years of age.  

(b)  "Transmit" means the act of sending and causing to be delivered any image, information, or data from one or more persons or places to one or more other persons or places over or through any medium, including the Internet, by use of any electronic equipment or device. 

(3)  Notwithstanding ss. 847.012 and 847.0133, any person in any jurisdiction other than this state who knew or reasonably should have known that he or she was transmitting child pornography, as defined in s. 847.001, to any person in this state commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

847.0138(2)  Transmitting An Image, Information, Or Data That Is Harmful To Minors To An Individual Known To Be A Minor In This State 

(1)  For purposes of this section:  

(a)  "Known by the defendant to be a minor" means that the defendant had actual knowledge or believed that the recipient of the communication was a minor.  

(b)  "Transmit" means to send to a specific individual known by the defendant to be a minor via electronic mail.  

(2)  Notwithstanding ss. 847.012 and 847.0133, any person in this state who knew or believed that he or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001, to a specific individual known by the defendant to be a minor in this state commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

847.0138(3)  Transmitting An Image, Information, Or Data That Is Harmful To Minors From Another Jurisdiction To An Individual Known To Be A Minor In This State 

(1)  For purposes of this section:  

(a)  "Known by the defendant to be a minor" means that the defendant had actual knowledge or believed that the recipient of the communication was a minor.  

(b)  "Transmit" means to send to a specific individual known by the defendant to be a minor via electronic mail.  

(3)  Notwithstanding ss. 847.012 and 847.0133, any person in any jurisdiction other than this state who knew or believed that he or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001, to a specific individual known by the defendant to be a minor in this state commits a felony of the third degree, punishable as provided in s. 775.082,s. 775.083, or s. 775.084.

825.1025(4)  Committing A Lewd Exhibition In The Presence Of An Elderly Or Disabled Person 

(4)(a)  "Lewd or lascivious exhibition in the presence of an elderly person or disabled adult" occurs when a person, in the presence of an elderly person or disabled adult:  

2.  Intentionally exposes his or her genitals in a lewd or lascivious manner; or  

3.  Intentionally commits any other lewd or lascivious act that does not involve actual physical or sexual contact with the elderly person or disabled adult, including but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity, when the person knows or reasonably should know that the elderly person or disabled adult either lacks the capacity to consent or fails to give consent to having such act committed in his or her presence.  

(b)  A person who commits a lewd or lascivious exhibition in the presence of an elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(1)  As used in this section, "sexual activity" means the 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.

825.1025(3)  Lewdly Molesting An Elderly Or Disabled Person 

(3)(a)  "Lewd or lascivious molestation of an elderly person or disabled person" occurs when a person intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of an elderly person or disabled person when the person knows or reasonably should know that the elderly person or disabled person either lacks the capacity to consent or fails to give consent.  

(b)  A person who commits lewd or lascivious molestation of an elderly person or disabled person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 
 

(1)  As used in this section, "sexual activity" means the 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.

If conviction occurred prior to 2002:

825.1025(2)  Lewd Battery On An Elderly Or Disabled Person 

(2)(a)  "Lewd or lascivious battery upon an elderly person or disabled adult" occurs when a person encourages, forces, or entices an elderly person or disabled adult to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity, when the person knows or reasonably should know that the elderly person or disabled adult either lacks the capacity to consent or fails to give consent. 

(b)  A person who commits lewd or lascivious battery upon an elderly person or disabled adult commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084
 

(1)  As used in this section, "sexual activity" means the 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. 
 

If conviction occurred in 2002 or later:

825.1025(2)  Lewd Battery On An Elderly Or Disabled Person 

(2)(a)  "Lewd or lascivious battery upon an elderly person or disabled person" occurs when a person encourages, forces, or entices an elderly person or disabled person to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity, when the person knows or reasonably should know that the elderly person or disabled person either lacks the capacity to consent or fails to give consent.  

(b)  A person who commits lewd or lascivious battery upon an elderly person or disabled person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 
 

(1)  As used in this section, "sexual activity" means the 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.

796.03  Procuring Any Person Under Age Of 16 For Prostitution 

A person who procures for prostitution, or causes to be prostituted, any person who is under the age of 18 years commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

If conviction occurred prior to 1997

775.21(9)(a)  Sexual Predator Failing To Register With Authorities As Required By Law 

(9) PENALTIES.-- 

(a) A sexual predator who fails to register or be registered or who fails, after registration, to provide required location information, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 

If conviction occurred in 1997 or later:

775.21(10)(a)  Sexual Predator Failing To Register With Authorities As Required By Law 

(10)  PENALTIES.--  

(a)  Except as otherwise specifically provided, a sexual predator who fails to register; who fails, after registration, to maintain, acquire, or renew a driver's license or identification card; who fails to provide required location information or change-of-name information; who fails to make a required report in connection with vacating a permanent residence; who fails to reregister as required; who fails to respond to any address verification correspondence from the department within 3 weeks of the date of the correspondence; or who otherwise fails, by act or omission, to comply with the requirements of this section, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

If conviction occurred prior to 2004

775.21(10)(b)  Sexual Predator Working Or Otherwise Being Where Children Congregate 

(10)  PENALTIES.-- 

(b)  A sexual predator who has been convicted of or found to have committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation, or attempted violation, of s. 787.01, s. 787.02, or s. 787.025, where the victim is a minor and the defendant is not the victim's parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s. 800.04; s. 827.071; s. 847.0133; or s. 847.0145, or a violation of a similar law of another jurisdiction, when the victim of the offense was a minor, and who works, whether for compensation or as a volunteer, at any business, school, day care center, park, playground, or other place where children regularly congregate, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 
 

If conviction occurred in 2004 or later:

775.21(10)(b)  Sexual Predator Working Or Otherwise Being Where Children Congregate 

(10)  PENALTIES.-- 

(b)  A sexual predator who has been convicted of or found to have committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation, or attempted violation, of s. 787.01, s. 787.02, or s. 787.025, where the victim is a minor and the defendant is not the victim's parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s. 800.04; s. 827.071; s. 847.0133; or s. 847.0145, or a violation of a similar law of another jurisdiction, when the victim of the offense was a minor, and who works, whether for compensation or as a volunteer, at any business, school, day care center, park, playground, or other place where children regularly congregate, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

943.0435(9)  Sex Offender Fails To Comply With Section Requirements To Report To Department Of Law Enforcement 

(9)(a)  A sexual offender who does not comply with the requirements of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 

(b)  A sexual offender who commits any act or omission in violation of this section may be prosecuted for the act or omission in the county in which the act or omission was committed, the county of the last registered address of the sexual offender, or the county in which the conviction occurred for the offense or offenses that meet the criteria for designating a person as a sexual offender.  

(c)  An arrest on charges of failure to register when the offender has been provided and advised of his or her statutory obligations to register under subsection (2), the service of an information or a complaint for a violation of this section, or an arraignment on charges for a violation of this section constitutes actual notice of the duty to register. A sexual offender's failure to immediately register as required by this section following such arrest, service, or arraignment constitutes grounds for a subsequent charge of failure to register. A sexual offender charged with the crime of failure to register who asserts, or intends to assert, a lack of notice of the duty to register as a defense to a charge of failure to register shall immediately register as required by this section. A sexual offender who is charged with a subsequent failure to register may not assert the defense of a lack of notice of the duty to register.  

(d)  Registration following such arrest, service, or arraignment is not a defense and does not relieve the sexual offender of criminal liability for the failure to register.

775.21(6)(i)  Sexual Predator Failing To Notify Sheriff Regarding Relocation To Another Jurisdiction 

(6)  REGISTRATION.-- 

(i)  A sexual predator who intends to establish residence in another state or jurisdiction shall report in person to the sheriff of the county of current residence or the department within 48 hours before the date he or she intends to leave this state to establish residence in another state or jurisdiction. The sexual predator must provide to the sheriff or department the address, municipality, county, and state of intended residence. The sheriff shall promptly provide to the department the information received from the sexual predator. The department shall notify the statewide law enforcement agency, or a comparable agency, in the intended state or jurisdiction of residence of the sexual predator's intended residence. The failure of a sexual predator to provide his or her intended place of residence is punishable as provided in subsection (10).

OR

775.21(g)(2)  Sexual Predator Failing To Notify Sheriff Of Vacating Residence 

(6)  REGISTRATION.--  

(g) 2.  A sexual predator who vacates a permanent residence and fails to establish or maintain another permanent or temporary residence shall, within 48 hours after vacating the permanent residence, report in person to the department or the sheriff's office of the county in which he or she is located. The sexual predator shall specify the date upon which he or she intends to or did vacate such residence. The sexual predator must provide or update all of the registration information required under paragraph (a). The sexual predator must provide an address for the residence or other location that he or she is or will be occupying during the time in which he or she fails to establish or maintain a permanent or temporary residence.

775.21(6)(j)  Sexual Predator Failing To Notify Sheriff Of Non-Relocation To Another Jurisdiction After Notice Given Of Relocation 

(6)  REGISTRATION.--  

(j)  A sexual predator who indicates his or her intent to reside in another state or jurisdiction and later decides to remain in this state shall, within 48 hours after the date upon which the sexual predator indicated he or she would leave this state, report in person to the sheriff or the department, whichever agency is the agency to which the sexual predator reported the intended change of residence, of his or her intent to remain in this state. If the sheriff is notified by the sexual predator that he or she intends to remain in this state, the sheriff shall promptly report this information to the department. A sexual predator who reports his or her intent to reside in another state or jurisdiction, but who remains in this state without reporting to the sheriff or the department in the manner required by this paragraph, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

OR

775.21(g)(3)  Sexual Predator Failing To Notify Sheriff Of Not Vacating Residence 

(6)  REGISTRATION.--  

(g) 3.  A sexual predator who remains at a permanent residence after reporting his or her intent to vacate such residence shall, within 48 hours after the date upon which the predator indicated he or she would or did vacate such residence, report in person to the agency to which he or she reported pursuant to subparagraph 2. for the purpose of reporting his or her address at such residence. If the sheriff receives the report, the sheriff shall promptly convey the information to the department. An offender who makes a report as required under subparagraph 2. but fails to make a report as required under this subparagraph commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

943.0435(7)  Sex Offender Fails To Notify Sheriff Of Relocation To Another Jurisdiction 

(7)  A sexual offender who intends to establish residence in another state or jurisdiction shall report in person to the sheriff of the county of current residence or the department within 48 hours before the date he or she intends to leave this state to establish residence in another state or jurisdiction. The notification must include the address, municipality, county, and state of intended residence. The sheriff shall promptly provide to the department the information received from the sexual offender. The department shall notify the statewide law enforcement agency, or a comparable agency, in the intended state or jurisdiction of residence of the sexual offender's intended residence. The failure of a sexual offender to provide his or her intended place of residence is punishable as provided in subsection (9). 
 

OR 
 

943.0435(4)(b)  Sex Offender Fails To Notify Sheriff Of Vacating Residence 

(4)(b)  A sexual offender who vacates a permanent residence and fails to establish or maintain another permanent or temporary residence shall, within 48 hours after vacating the permanent residence, report in person to the department or the sheriff's office of the county in which he or she is located. The sexual offender shall specify the date upon which he or she intends to or did vacate such residence. The sexual offender must provide or update all of the registration information required under paragraph (2)(b). The sexual offender must provide an address for the residence or other location that he or she is or will be occupying during the time in which he or she fails to establish or maintain a permanent or temporary residence.

943.0435(8)  Sex Offender Fails To Notify Sheriff Of Non-Relocation To Another Jurisdiction After Notice Given Of Relocation 

(8)  A sexual offender who indicates his or her intent to reside in another state or jurisdiction and later decides to remain in this state shall, within 48 hours after the date upon which the sexual offender indicated he or she would leave this state, report in person to the sheriff or department, whichever agency is the agency to which the sexual offender reported the intended change of residence, of his or her intent to remain in this state. If the sheriff is notified by the sexual offender that he or she intends to remain in this state, the sheriff shall promptly report this information to the department. A sexual offender who reports his or her intent to reside in another state or jurisdiction but who remains in this state without reporting to the sheriff or the department in the manner required by this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

OR

943.0435(4)(c)  Sex Offender Fails To Notify Sheriff Of Not Vacating Residence 

(4)(c)  A sexual offender who remains at a permanent residence after reporting his or her intent to vacate such residence shall, within 48 hours after the date upon which the offender indicated he or she would or did vacate such residence, report in person to the agency to which he or she reported pursuant to paragraph (b) for the purpose of reporting his or her address at such residence. If the sheriff receives the report, the sheriff shall promptly convey the information to the department. An offender who makes a report as required under paragraph (b) but fails to make a report as required under this paragraph commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.084.

943.0435(14)(a)  A sexual offender must report in person each year during the month of the sexual offender's birthday and during the sixth month following the sexual offender's birth month to the sheriff's office in the county in which he or she resides or is otherwise located to reregister. The sheriff's office may determine the appropriate times and days for reporting by the sexual offender, which shall be consistent with the reporting requirements of this paragraph. Reregistration shall include any changes to the following information:

1. Name; social security number; age; race; sex; date of birth; height; weight; hair and eye color; address of any permanent residence and address of any current temporary residence, within the state or out of state, including a rural route address and a post office box; date and place of any employment; vehicle make, model, color, and license tag number; fingerprints; and photograph. A post office box shall not be provided in lieu of a physical residential address.

2. If the sexual offender is enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the sexual offender shall also provide to the department the name, address, and county of each institution, including each campus attended, and the sexual offender's enrollment or employment status.

3. If the sexual offender's place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual offender shall also provide the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If the sexual offender's place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the sexual offender shall also providethe hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel or houseboat.

4. Any sexual offender who fails to report in person as required at the sheriff's office, or who fails to respond to any address verification correspondence from the department within 3 weeks of the date of the correspondence, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.