Definition:

 

As stated in Florida Statute 39, “sexual abuse of a child” means one or more of the following acts:

(a)    Any penetration, however slight, of the vagina or anal opening of one person by the penis of another person, whether or not there is the emission of semen.

(b)   Any sexual contact between the genitals or anal opening of one person and the mouth or tongue of another person.

(c)    Any intrusion by one person into the genitals or anal opening of another person, including the use of any object for this purpose, except that this does not include any act intended for a valid medical purpose.

(d)   The intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them, of either the child or the perpetrator, except that this does not include:

1.      Any act which may reasonably be construed to be a normal caregiver responsibility, any interaction with, or affection for a child; or

2.      Any act intended for a valid medical purpose.

(e)    The intentional masturbation of the perpetrator’s genitals in the presence of a child.

(f)     The intentional exposure of the perpetrator’s genitals in the presence of a child, or any other sexual act intentionally perpetrated in the presence of a child, if such exposure or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose.

(g)    The sexual exploitation of a child, which includes allowing, encouraging, or forcing a child to:

1.      Solicit for or engage in prostitution; or

2.      Engage in a sexual performance, as defined by chapter 827.

 

Florida Statute 827, Abuse of Children, provides criminal law.  Florida Statute 39, Proceedings Related To Children, provides civil law with the intent of protecting children.

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