Starting Thursday, Florida prosecutors will have a new felony charge to bring against adults who engage in sexual conduct while watching a child under 16 — regardless of whether that child ever knew they were being watched. The law closes what child advocates and former prosecutors have called a dangerous loophole that let offenders escape felony charges simply because a victim was asleep, looking away, or otherwise unaware of what was happening nearby.
The measure takes effect October 1, 2026, and makes intentionally engaging in sexual conduct while observing a child under 16 a third-degree felony, according to CBS12. Under prior law, defense attorneys frequently argued that if a minor was sleeping, looking away, or unaware of an adult's sexual actions, the offender could not be convicted of lewd exhibition in the minor's presence, according to a Florida Senate Judiciary Committee analysis. The new statute eliminates that defense entirely, closing the gap that previously let this kind of conduct go unpunished or charged only as a low-level misdemeanor.
What the New Felony Actually Covers
The law creates Florida Statute § 800.035, which defines “observing” as intentionally viewing another person under circumstances where the offender is reasonably capable of being seen by the person being viewed, per the same Senate analysis. Third-degree felony charges apply when an adult observes a minor under 16 for sexual gratification while intentionally exposing genitals in a lewd manner or performing non-contact sexual acts — including masturbation, sadomasochistic abuse, sexual bestiality, or simulated sexual activity — as detailed by WLRN. Lawmakers built in explicit exceptions, protecting a mother breastfeeding her infant and individuals unclothed in locations set apart for nudity, such as locker rooms, according to the Senate bill summary.
Stacie Schmerling, a child advocate and child injury law attorney who practices in Fort Lauderdale, said the law will provide increased protection for children who are victims of sex offenses, per the same CBS12 report. Dave Aronberg, who served 12 years as Palm Beach County State Attorney before stepping down in January 2025, said the behavior at issue could escalate into direct physical abuse against a child. Aronberg left office ahead of Alexcia Cox, the county's first Black and female State Attorney, according to Florida Politics.
Unanimous Vote, Repeal Of An 1868 Statute
House Bill 1525 was sponsored by Representatives Doug Bankson and Jessica Yarkosky in the House and by Senator Jonathan Martin as companion bill CS/SB 1742 in the Senate. It passed both chambers without a single dissenting vote — 108-0 in the House on March 3 and 38-0 in the Senate on March 10 — before Governor Ron DeSantis signed it into law on June 16 as Chapter 2026-159, according to the bill's Senate record.
The legislation simultaneously repeals Florida Statute § 800.02, an 1868 statute that had classified committing an “unnatural and lascivious act” as a second-degree misdemeanor, per the Judiciary Committee analysis. Lauren Book, a former state lawmaker and survivor of childhood sexual abuse, said closing the loophole helps hold offenders and predators accountable and that the law will bring people to justice and keep children safer, CBS12 reported.
Penalties And Ripple Effects On Evidence Rules
A conviction under the new statute can carry up to five years in prison and a fine of up to $5,000, consistent with the standard sentencing range for third-degree felonies under Florida Statutes § 775.082 and § 775.083. Nonpartisan legislative analysts reported the law may have a positive indeterminate impact on state prison beds, since it captures conduct that previously went uncharged or was charged only as a misdemeanor, according to the Senate analysis.
The bill also includes conforming updates to Florida Statutes § 914.16 and § 933.18, revising rules governing child abuse victim interview limits and private dwelling search warrant applications to align with the new felony code, per BillTrack50. The new statute is one of roughly a dozen criminal and public safety laws taking effect across Florida on October 1, alongside HB 559, which creates a third-degree felony for involving minors in animal cruelty, and SB 1332, which mandates new career offender identification updates, as reported by CBS News Miami.
