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Citations from Florida
Statutes
Section 415.102:
(24)
"Sexual abuse"
means acts of a sexual nature committed in the presence of a vulnerable
adult without that person's informed consent. "Sexual abuse"
includes, but is not limited to, the acts defined in s.794.011(l)(h),
fondling, exposure of a vulnerable adult's sexual organs, or the use of
a vulnerable adult to solicit for or engage in prostitution or sexual
performance. "Sexual abuse" does not include any act intended
for a valid medical purpose or any act that may reasonably be construed
to be normal caregiving action or appropriate display of affection.
(26) "Vulnerable adult"
means a person 18 years of age or older whose ability to perform the
normal activities of daily living or to provide for his or her own care
or protection is impaired due to a mental, emotional, physical, or
developmental disability or dysfunctioning, or brain damage, or the
infirmities of aging.
From Section 39.01 Definitions:
Section 39.01 (63):
(63)
"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.
39.201 Mandatory reports of child
abuse, abandonment, or neglect; mandatory reports of death; central
abuse hotline.--
(1) Any person, including, but not limited to, any:
(a) Physician, osteopathic physician, medical examiner, chiropractic
physician, nurse, or hospital personnel engaged in the admission,
examination, care, or treatment of persons;
(b) Health or mental health professional other than one listed in
paragraph (a);
(c) Practitioner who relies solely on spiritual means for healing;
(d) School teacher or other school official or personnel;
(e) Social worker, day care center worker, or other professional child
care, foster care, residential, or institutional worker;
(f) Law enforcement officer; or
(g) Judge, who knows, or has reasonable cause to suspect, that a child
is abused, abandoned, or neglected by a parent, legal custodian,
caregiver, or other person responsible for the child's welfare shall
report such knowledge or suspicion to the department in the manner
prescribed in subsection (2).
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