1254ra

___________________ moved that HB 1254 be amended as follows:

     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. Any person, sixteen years of age or older, who in the immediate physical presence of a child less than sixteen years of age, masturbates or ejaculates with the intent to be aroused by the presence of the child or to be sexually gratified by the presence of the child, or who masturbates or ejaculates with the intent to arouse or sexually gratify the child in his or her presence, is guilty of a Class 3 felony. To be in violation of this section, the child need not be aware of the act of masturbation or ejaculation. To be in violation of this section, the child need not be awake or conscious during the act of masturbation or ejaculation. There is no violation of this section unless the person is at least three years older than the child."