The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/CS/SB 1656
INTRODUCER: Fiscal Policy Committee; Appropriations Committee on Criminal Justice; and Senator
Martin
SUBJECT: Child Exploitation Offenses
DATE: February 28, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Parker Stokes CJ Favorable
2. Atchley Harkness ACJ Fav/CS
3. Parker Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1656 creates s. 800.045, F.S., to provide that a person 18 years of age or older who,
with lewd or lascivious intent, engages in a pattern of inappropriate communication or conduct
directed toward a child for the purpose of enticing such child to engage in any unlawful sexual
behavior with that person or the exploitation of such child for human trafficking as provided in
s. 787.06, F.S., commits the offense of lewd or lascivious grooming.
The bill provides that a person 18 years of age or older who commits lewd or lascivious
grooming commits a third degree felony,1 ranked as a Level 3 in the offense severity ranking
chart.
1
A third degree felony is punishable by a term of imprisonment not exceeding 5 years, as provided in ss. 775.082, 775.083,
or 775.084, F.S.
BILL: CS/CS/SB 1656 Page 2
The bill defines the terms “child,”2 “inappropriate communication or conduct,”3 “sexual
activity,”4 “sexual conduct,”5 “sexual performance,”6 and “unlawful sexual behavior.”7
The bill amends s. 921.0022, F.S., increasing ranking levels of specified child exploitation
offenses on the offense severity ranking chart (OSRC) of the Criminal Punishment Code.
This bill may have a positive insignificant prison bed impact (increase of 10 or fewer beds). See
Section V., Fiscal Impact Statement.
The bill is effective October 1, 2024.
II. Present Situation:
Grooming
Child sexual abuse is often effectuated following a period of ‘grooming’ and the sexualization of
the relationship.8 “Grooming” refers to deliberate actions taken by a defendant to expose a child
to sexual material; the ultimate goal of grooming is the formation of an emotional connection
with the child and a reduction of the child’s inhibitions in order to prepare the child for sexual
activity.9
During the desensitization phase the perpetrator typically introduces sexual content disguised as
jokes or discussions, or through exposure to pornography or other explicit material,10 and utilizes
frequent non-sexual touch to desensitize the victim to physical contact. Post-abuse, the offender
may engage in maintenance strategies in order to facilitate future sexual abuse and to prevent
disclosure.11
2
“Child” means a person less than 16 years of age.
3
“Inappropriate communication or conduct” means any verbal, written, or electronic communication or any conduct in which
a person describes, depicts, or demonstrates sexual conduct or sexual excitement.
4
“Sexual activity” means the oral, anal, or female genital penetration by, or union with, the sexual organ of another or the
anal or female genital penetration of another by any other object; however, sexual activity does not include an act done for a
bona fide medical purpose. Section 800.04(1), F.S.
5
“Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation,
or sadomasochistic abuse; actual or simulated 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.”
Section 847.001(19), F.S.
6
“Sexual performance” means any performance or part thereof which includes sexual conduct by a child.
Section 847.071(1)(m), F.S.
7
“Unlawful sexual behavior” means any unlawful sexual activity, unlawful sexual conduct, or unlawful sexual performance.
8
State v. Brown, 299 So.3d 561 (5th DCA 2020).
9
United States v. Chambers, 642 F.3d 588, 593 (7th Cir. 2011).
10
Helping Survivors, Sexual Grooming, https://helpingsurvivors.org/grooming/ (last visited February 27, 2024).
11
Psychology Today, How to Recognize the Sexual Grooming of a Minor, (July 7, 2023)
https://www.psychologytoday.com/us/blog/protecting-children-from-sexual-abuse/202010/how-to-recognize-the-sexual-
grooming-of-a-minor (last visited February 27, 2024).
BILL: CS/CS/SB 1656 Page 3
Exploitation of Children
Lewd or Lascivious Offenses
The Florida Supreme Court has held that the terms “lewd” and “lascivious” mean a wicked,
lustful, unchaste, licentious, or sensual intent on the part of the person doing an act.12,13
Neither the victim’s lack of chastity nor the victim’s consent is a defense to lewd or lascivious
offenses. Additionally, the perpetrator’s ignorance of the victim’s age, the victim’s
misrepresentation of his or her age, or the perpetrator’s bona fide belief of the victim’s age
cannot be raised as a defense.14,15
Lewd or Lascivious Offenses Targeting Persons Under 16 Years of Age
Section 800.04, F.S., criminalizes various acts targeting persons under 16 years of age,
including: lewd or lascivious battery;16 lewd or lascivious molestation;17 lewd or lascivious
conduct;18 and lewd or lascivious exhibition.19
Lewd or Lascivious Conduct
A person who intentionally touches a person under 16 years of age in a lewd or lascivious
manner20 or solicits a person under 16 years of age to commit a lewd or lascivious act commits
lewd or lascivious conduct.21
An offender who is:
Eighteen years of age or older who commits lewd or lascivious conduct commits a second
degree felony.22
12
Chesebrough v. State, 255 So.2d 675, 677 (Fla. 1971).
13
Whether an act or conduct is lewd or lascivious is a factual issue to be decided on a case -by-case basis. Andrews v. State,
130 So. 3d 788, 790 (Fla. 1st DCA 2014).
14
Section 800.04(2), F.S.
15
Section 800.04(3), F.S.
16
Section 800.04(4), F.S., defines lewd or lascivious battery as engaging in sexual activity with a person 12 years of age or
older but less than 16 years of age; or encouraging, forcing, or enticing any person less than 16 years of age to engage in
sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity. An offender who commits
lewd or lascivious battery commits a felony of the second degree.
17
Section 800.04(5), F.S., defines lewd or lascivious molestation as 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.
18
Section 800.04(6), F.S.
19
Section 800.04(7), F.S., defines lewd or lascivious exhibition as a person who intentionally masturbates; intentionally
exposes the genitals in a lewd or lascivious manner; or intentionally commits any 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. An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of
the second degree, generally punishable by not more than fifteen years in state prison. An offender less than 18 years of age
who commits a lewd or lascivious exhibition commits a felony of the third degree.
20
Section 800.04(6)(a)1., F.S.
21
Section 800.04(6)(a)2., F.S.
22
A felony of the second degree is generally punishable by a term of imprisonment not exceeding 15 years, as provided in
s. 775.082, s. 775.083, and s. 775.084, F.S.
BILL: CS/CS/SB 1656 Page 4
Less than 18 years of age who commits lewd or lascivious conduct commits a third degree
felony.23
The Florida Standard Jury Instructions for soliciting a person under 16 years of age to commit a
lewd or lascivious act provides that to “solicit” means to command, encourage, hire, or request
another person to engage in specific conduct.24
Lewd or Lascivious Battery
A person commits lewd or lascivious battery by:
Engaging in sexual activity with a person 12 years of age or older but less than 16 years of
age;25 or
Encouraging, forcing, or enticing any person less than 16 years of age to engage in
sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual
activity.26
Lewd or Lascivious Molestation
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.27
Lewd or Lascivious Exhibition
A person commits lewd or lascivious exhibition by performing any of the following acts in the
presence of a person under 16 years of age:
Intentionally masturbating;
Intentionally exposing the genitals in a lewd or lascivious manner; or
Intentionally committing 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.28
Lewd or Lascivious Written Solicitation of Certain Minors
A person 24 years of age or older who solicits a person who is 16 or 17 years of age in writing to
commit a lewd or lascivious act commits a felony of the third degree.29
Using a Child in Sexual Performance
Section 827.071(2), F.S., prohibits a person from, knowing the character and content thereof,
employing, authorizing, or inducing a child to engage in a sexual performance; or being a parent,
23
A felony of the third degree is generally punishable by a term of imprisonment not exceeding 5 years, as provided in
s. 775.082, s. 775.083, and s. 775.084, F.S.
24
Fla. Std. Jury Instr. (Crim.) 11.10(d), Lewd or Lascivious Conduct, s. 800.04(6), F.S.
25
Section 800.04(4)(a)1., F.S.
26
Section 800.04(4)(a)2., F.S.
27
Section 800.04(5)(a), F.S.
28
Section 800.04(7)(a), F.S.
29
Section 794.053, F.S.
BILL: CS/CS/SB 1656 Page 5
legal guardian, or custodian of such child, consenting to the participation by such child in a
sexual performance. A violation for using a child in a sexual performance is a second degree
felony30 and the offense is ranked as a Level 6 offense on the OSRC.
Promoting a Sexual Performance by a Child
Under s. 827.071(3), F.S., a person commits a second degree felony if, knowing the character
and content thereof, he or she produces, directs, or promotes any performance which includes
sexual conduct by a child. The offense is ranked as a Level 6 offense on the OSRC.
Prohibited Acts in Connection with Obscene Materials
A person may not knowingly 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.31
Prohibited Computer Usage
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:
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 ch. 794,
ch. 800, or ch. 827, F.S., or to otherwise engage in any unlawful sexual conduct with a child
or with another person believed by the person to be a child;32 or
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 ch. 794, ch. 800, or
ch. 827, F.S., or to otherwise engage in any sexual conduct, commits a felony of the third
degree.33
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 ch. 794, ch. 800, or ch. 827, F.S., 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:
30
A second degree felony is punishable by up to 15 years imprisonment and a $10,000 fine. Sections 775.082, 775.083, or
775.084, F.S.
31
Section 847.0133(1), F.S.
32
Section 847.0135(3)(a), F.S.
33
Section 847.0135(3)(b), F.S.
BILL: CS/CS/SB 1656 Page 6
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 ch. 794,
ch. 800, or ch. 827, F.S., or to otherwise engage in other unlawful sexual conduct with a
child;34 or
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 ch. 794, ch. 800, or
ch. 827, F.S., or to otherwise engage in any sexual conduct, commits a felony of the second
degree.35
Transmission of Material Harmful to Minors
Section 847.0138, F.S., prohibits a person, in this state or in any jurisdiction other than this state,
from knowingly transmitting or believing that he or she is transmitting an image, information, or
data that is harmful to minors to a specific individual known by the defendant to be a minor, as a
third-degree felony.
Section 847.001(7), F.S., defines “harmful to minors” as any reproduction, imitation,
characterization, description, exhibition, presentation, or representation, of whatever kind or
form, depicting nudity, sexual conduct, or sexual excitement36 when it:
Predominantly appeals to a prurient, shameful, or morbid interest;
Is patently offensive to prevailing standards in the adult community as a whole with respect
to what is suitable material or conduct for minors; and
Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.
While there are several offenses in current law which prohibit a person from encouraging,
enticing, soliciting, or inducing a minor to engage in sexual activity, lewd or lascivious behavior,
or a sexual performance, current law does not specifically criminalize the preparation of a child
to engage in sexual activity, sexual conduct, or a sexual performance through a pattern of
inappropriate communication or conduct directed toward the child.
C