A new bill in Florida would make “lewd or lascivious grooming” a second-degree felony, punishable by up to 15 years in prison and $10,000 in fines for first offenders.
The one-page bill, filed last week in the Florida house by Republicans Taylor Yarkosky and Douglas Bankson, would criminalize the act of “preparing or encouraging a child to engage in sexual activity through overtly sexually themed communication.”
The bill similarly applies to instances where a child “observed” such sexual communications without permission from the child’s guardians.
“Habitual” offenders of second-degree felonies may face up to 30 years in prison.
“‘All Ages Welcome’ should be a crime in Florida for these types of events and ‘Under 5 y/o Free’ should be a felony!” one of the bill’s sponsors, Rep. Yarkosky, tweeted in 2022 referencing a drag performance. “I’ve been saying this publicly while campaigning over the past year. There NOTHING ok about ANY of this evil grooming and confusing of our young kids! #ChildAbuse”
Although the bill does not distinguish between heterosexual and homosexual grooming, critics and activists have suggested the bill will disproportionately hurt LGBTQ people and censor related content.
“One does not need to hypothesize what the intent is of the bill, however. The bill’s sponsors and organizations pushing it have made it clear that the intent is to target LGBTQ+ content and drag shows,” journalist and transgender activist Anthony “Erin” Reed wrote.
The publication LGBTQ Nation alleged that the Florida bill “appears to be the state’s latest attempt to criminalize the existence of LGBTQ+ people and content.”
Axios reported that “LGBTQ+ advocates are bracing for another tough legislative session for gay and transgender Floridians.”
Florida’s sexually-related laws have been subject to lengthy court battles.
Governor DeSantis signed the Protection of Children Act in May 2023, which prohibited children from attending “adult live performance” and empowered the Department of Business and Professional Regulation to revoke or suspend the liquor license of establishments found in violation.
The Florida restaurant Hamburger Mary’s, which has hosted “family friendly” drag performances, filed a lawsuit against the state and argued that the Protection of Children Act violates the First Amendment.
U.S. District Judge Gregory Presnell issued a preliminary injunction in June, citing the law’s “vague language” and potential for “overbroad enforcement.”
Florida appealed and requested partial stay in July, arguing that the injunction should only apply to Hamburger Mary’s, which Judge Presnell rejected.
The DeSantis administration appealed the case, and a 2-to-1 decision in October from the 11th Circuit Court of Appeals upheld the injunction and prevented Florida from enforcing the law, citing the “overbroad” language.
Florida state officials filed an emergency request to the Supreme Court and requested partial stay because the injunction “sweeps beyond the plaintiff and enjoins the statute universally.” In November, the Justices rejected the request by a 6-3 vote.