SB 1438/HB 1423: Protection of Children
On May 17, 2023, Governor DeSantis signed SB 1438 and HB 1423, which prohibit a person from knowingly admitting a child to an adult live performance, into law.
SB 1438 and HB 1423 prohibit a person from knowingly admitting a child to an adult live performance. Specifically, if a person who knowingly admits a child to an adult live performance has a license to operate a public lodging establishment or a public food service or has a beverage license, they may be subject to having that license suspended or revoked and being fined. SB 1438 creates Section 827.11, Florida Statutes.
SB 1438 and HB 1423 defines “adult live performance” as any show, exhibition, or other presentation that is performed in front of a live audience and in whole or in part, depicts or simulates nudity, sexual conduct, sexual excitement, specific sexual activities as provided for in Section 847.001, Florida Statutes, lewd conduct, or lewd exposure of prosthetic or imitation genitals or breasts.
- SB 1438 and HB 1423 establish a first degree misdemeanor penalty for any person who is found guilty of knowingly admitting a child to an adult live performance.
- To be considered in violation of SB 1438 and HB 1423, the adult live performance must (1) predominantly appeal to a prurient, shameful, or morbid interest; (2) be patently offensive to prevailing standard in the adult community of this state as a whole with respect to what is suitable material or conduct for the age of the child present and taken as a whole; (2) be without serious literary, artistic, political, or scientific value for the age of the child present.
- In a prosecution under this section, a defendant may not raise ignorance of the child’s age, a child’s misrepresentation of their age, or the bone fide, or good faith belief, of a child’s consent as a defense.
This is for informational purposes only and is not legal advice. You should consult with your attorney if you have any questions or require additional information.
Click here for more info on SB 1438.
Click here for more info on HB 1423.