Miami Sexual Battery Attorney
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Miami Sexual Battery Laws by Statute
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your rights and Sexual Battery.
794.005 Legislative findings and intent as to basic
charge of sexual battery.
794.011 Sexual battery.
794.0115 Dangerous sexual felony offender; mandatory sentencing.
794.02 Common-law presumption relating to age abolished.
794.021 Ignorance or belief as to victim's age no defense.
794.022 Rules of evidence.
794.023 Sexual battery by multiple perpetrators; reclassification
of offenses.
794.0235 Administration of medroxyprogesterone acetate (MPA) to
persons convicted of sexual battery.
794.024 Unlawful to disclose identifying information.
794.026 Civil right of action for communicating the identity of a
sexual crime victim.
794.027 Duty to report sexual battery; penalties.
794.03 Unlawful to publish or broadcast information identifying
sexual offense victim.
794.05 Unlawful sexual activity with certain minors.
794.055 Access to services for victims of sexual battery.
794.056 Rape Crisis Program Trust Fund.
794.065 Unlawful place of residence for persons convicted of
certain sex offenses.
794.005 Legislative findings and intent as to basic charge of
sexual battery.--The Legislature finds that the least serious
sexual battery offense, which is provided in s. 794.011(5), was
intended, and remains intended, to serve as the basic charge of
sexual battery and to be necessarily included in the offenses
charged under subsections (3) and (4), within the meaning of s.
924.34; and that it was never intended that the sexual battery
offense described in s. 794.011(5) require any force or violence
beyond the force and violence that is inherent in the
accomplishment of "penetration" or "union."
History.--s. 2, ch. 92-135.
794.011 Sexual battery.--
(1) As used in this chapter:
(a) "Consent" means intelligent, knowing, and voluntary consent
and does not include coerced submission. "Consent" shall not be
deemed or construed to mean the failure by the alleged victim to
offer physical resistance to the offender.
(b) "Mentally defective" means a mental disease or defect which
renders a person temporarily or permanently incapable of
appraising the nature of his or her conduct.
(c) "Mentally incapacitated" means temporarily incapable of
appraising or controlling a person's own conduct due to the
influence of a narcotic, anesthetic, or intoxicating substance
administered without his or her consent or due to any other act
committed upon that person without his or her consent.
(d) "Offender" means a person accused of a sexual offense in
violation of a provision of this chapter.
(e) "Physically helpless" means unconscious, asleep, or for any
other reason physically unable to communicate unwillingness to an
act.
(f) "Retaliation" includes, but is not limited to, threats of
future physical punishment, kidnapping, false imprisonment or
forcible confinement, or extortion.
(g) "Serious personal injury" means great bodily harm or pain,
permanent disability, or permanent disfigurement.
(h) "Sexual battery" means oral, anal, or vaginal penetration by,
or union with, the sexual organ of another or the anal or vaginal
penetration of another by any other object; however, sexual
battery does not include an act done for a bona fide medical
purpose.
(i) "Victim" means a person who has been the object of a sexual
offense.
(j) "Physically incapacitated" means bodily impaired or
handicapped and substantially limited in ability to resist or
flee.
(2)(a) A person 18 years of age or older who commits sexual
battery upon, or in an attempt to commit sexual battery injures
the sexual organs of, a person less than 12 years of age commits a
capital felony, punishable as provided in ss. 775.082 and 921.141.
(b) A person less than 18 years of age who commits sexual battery
upon, or in an attempt to commit sexual battery injures the sexual
organs of, a person less than 12 years of age commits a life
felony, punishable as provided in s. 775.082, s. 775.083, s.
775.084, or s. 794.0115.
(3) A person who commits sexual battery upon a person 12 years of
age or older, without that person's consent, and in the process
thereof uses or threatens to use a deadly weapon or uses actual
physical force likely to cause serious personal injury commits a
life felony, punishable as provided in s. 775.082, s. 775.083, s.
775.084, or s. 794.0115.
(4) A person who commits sexual battery upon a person 12 years of
age or older without that person's consent, under any of the
following circumstances, commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, s. 775.084, or
s. 794.0115:
(a) When the victim is physically helpless to resist.
(b) When the offender coerces the victim to submit by threatening
to use force or violence likely to cause serious personal injury
on the victim, and the victim reasonably believes that the
offender has the present ability to execute the threat.
(c) When the offender coerces the victim to submit by threatening
to retaliate against the victim, or any other person, and the
victim reasonably believes that the offender has the ability to
execute the threat in the future.
(d) When the offender, without the prior knowledge or consent of
the victim, administers or has knowledge of someone else
administering to the victim any narcotic, anesthetic, or other
intoxicating substance which mentally or physically incapacitates
the victim.
(e) When the victim is mentally defective and the offender has
reason to believe this or has actual knowledge of this fact.
(f) When the victim is physically incapacitated.
(g) When the offender is a law enforcement officer, correctional
officer, or correctional probation officer as defined by s.
943.10(1), (2), (3), (6), (7), (8), or (9), who is certified under
the provisions of s. 943.1395 or is an elected official exempt
from such certification by virtue of s. 943.253, or any other
person in a position of control or authority in a probation,
community control, controlled release, detention, custodial, or
similar setting, and such officer, official, or person is acting
in such a manner as to lead the victim to reasonably believe that
the offender is in a position of control or authority as an agent
or employee of government.
(5) A person who commits sexual battery upon a person 12 years of
age or older, without that person's consent, and in the process
thereof does not use physical force and violence likely to cause
serious personal injury commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, s. 775.084, or
s. 794.0115.
(6) The offense described in subsection (5) is included in any
sexual battery offense charged under subsection (3) or subsection
(4).
(7) A person who is convicted of committing a sexual battery on or
after October 1, 1992, is not eligible for basic gain-time under
s. 944.275. This subsection may be cited as the "Junny
Rios-Martinez, Jr. Act of 1992."
(8) Without regard to the willingness or consent of the victim,
which is not a defense to prosecution under this subsection, a
person who is in a position of familial or custodial authority to
a person less than 18 years of age and who:
(a) Solicits that person to engage in any act which would
constitute sexual battery under paragraph (1)(h) commits a felony
of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(b) Engages in any act with that person while the person is 12
years of age or older but less than 18 years of age which
constitutes sexual battery under paragraph (1)(h) commits a felony
of the first degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(c) Engages in any act with that person while the person is less
than 12 years of age which constitutes sexual battery under
paragraph (1)(h), or in an attempt to commit sexual battery
injures the sexual organs of such person commits a capital or life
felony, punishable pursuant to subsection (2).
(9) For prosecution under paragraph (4)(g), acquiescence to a
person reasonably believed by the victim to be in a position of
authority or control does not constitute consent, and it is not a
defense that the perpetrator was not actually in a position of
control or authority if the circumstances were such as to lead the
victim to reasonably believe that the person was in such a
position.
(10) Any person who falsely accuses any person listed in paragraph
(4)(g) or other person in a position of control or authority as an
agent or employee of government of violating paragraph (4)(g) is
guilty of a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
History.--s. 2, ch. 74-121; s. 17, ch. 75-298; s. 1, ch. 84-86; s.
1, ch. 89-216; s. 3, ch. 92-135; s. 1, ch. 92-310; s. 3, ch.
93-156; s. 2, ch. 95-348; s. 99, ch. 99-3; s. 8, ch. 99-188; s. 1,
ch. 2002-211.
794.0115 Dangerous sexual felony offender; mandatory sentencing.--
(1) This section may be cited as the "Dangerous Sexual Felony
Offender Act."
(2) Any person who is convicted of a violation of s. 787.025; s.
794.011(2), (3), (4), (5), or (8); s. 800.04(4) or (5); s.
825.1025(2) or (3); s. 827.071(2), (3), or (4); or s. 847.0145; or
of any similar offense under a former designation, which offense
the person committed when he or she was 18 years of age or older,
and the person:
(a) Caused serious personal injury to the victim as a result of
the commission of the offense;
(b) Used or threatened to use a deadly weapon during the
commission of the offense;
(c) Victimized more than one person during the course of the
criminal episode applicable to the offense;
(d) Committed the offense while under the jurisdiction of a court
for a felony offense under the laws of this state, for an offense
that is a felony in another jurisdiction, or for an offense that
would be a felony if that offense were committed in this state; or
(e) Has previously been convicted of a violation of s. 787.025; s.
794.011(2), (3), (4), (5), or (8); s. 800.04(4) or (5); s.
825.1025(2) or (3); s. 827.071(2), (3), or (4); s. 847.0145; of
any offense under a former statutory designation which is similar
in elements to an offense described in this paragraph; or of any
offense that is a felony in another jurisdiction, or would be a
felony if that offense were committed in this state, and which is
similar in elements to an offense described in this paragraph,
is a dangerous sexual felony offender, who must be sentenced to a
mandatory minimum term of 25 years imprisonment up to, and
including, life imprisonment.
(3) "Serious personal injury" means great bodily harm or pain,
permanent disability, or permanent disfigurement.
(4) The offense described in subsection (2) which is being charged
must have been committed after the date of commission of the last
prior conviction for an offense that is a prior conviction
described in paragraph (2)(e).
(5) It is irrelevant that a factor listed in subsection (2) is an
element of an offense described in that subsection. It is also
irrelevant that such an offense was reclassified to a higher
felony degree under s. 794.023 or any other law.
(6) Notwithstanding s. 775.082(3), chapter 958, any other law, or
any interpretation or construction thereof, a person subject to
sentencing under this section must be sentenced to the mandatory
term of imprisonment provided under this section. If the mandatory
minimum term of imprisonment imposed under this section exceeds
the maximum sentence authorized under s. 775.082, s. 775.084, or
chapter 921, the mandatory minimum term of imprisonment under this
section must be imposed. If the mandatory minimum term of
imprisonment under this section is less than the sentence that
could be imposed under s. 775.082, s. 775.084, or chapter 921, the
sentence imposed must include the mandatory minimum term of
imprisonment under this section.
(7) A defendant sentenced to a mandatory minimum term of
imprisonment under this section is not eligible for statutory
gain-time under s. 944.275 or any form of discretionary early
release, other than pardon or executive clemency, or conditional
medical release under s. 947.149, before serving the minimum
sentence.
History.--s. 7, ch. 99-188; s. 1, ch. 2002-211; s. 1, ch.
2003-115.
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