Florida Sexual Battery Law FSS 794
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Questions and Answers

What is the meaning of 'consent' as used in this chapter?

  • Intelligent, knowing, and voluntary consent (correct)
  • Failure to offer physical resistance to the offender
  • Physical resistance to the offender
  • Coerced submission

    • What is the intention of the least serious sexual battery offense?

  • To apply only to cases involving mentally defective individuals
  • To serve as a separate charge from other sexual battery offenses
  • To be necessarily included in the offenses charged under subsections (3) and (4) (correct)
  • To require force or violence beyond the inherent force of penetration or union

    • What does 'mentally defective' mean in the context of sexual battery?

  • Bodily impaired or handicapped and substantially limited in ability to resist or flee
  • Physically unable to communicate unwillingness to an act
  • Temporarily or permanently capable of appraising the nature of one's conduct
  • Temporarily or permanently incapable of appraising the nature of one's conduct (correct)

    • What is the meaning of 'physically helpless'?

    <p>Unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act</p> Signup and view all the answers

    What is the meaning of 'mentally incapacitated'?

    <p>Temporarily incapable of appraising or controlling one's own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance</p> Signup and view all the answers

    What does 'female genitals' include?

    <p>Labia minora, labia majora, clitoris, vulva, hymen, and vagina</p> Signup and view all the answers

    What is the intention of the Legislature in enacting the sexual battery laws?

    <p>To ensure that the least serious sexual battery offense remains the basic charge</p> Signup and view all the answers

    What is the meaning of 'physically incapacitated'?

    <p>Bodily impaired or handicapped and substantially limited in ability to resist or flee</p> Signup and view all the answers

    What is one way an offender may coerce a victim into submitting to sexual battery?

    <p>By threatening to retaliate against the victim or someone else</p> Signup and view all the answers

    What is an example of a situation in which an offender may commit sexual battery without using physical force or violence?

    <p>When the victim is mentally defective</p> Signup and view all the answers

    What is considered 'sexual battery' according to the statute?

    <p>Oral, anal, or female genital penetration by, or union with, the sexual organ of another, or the anal or female genital penetration of another by any other object</p> Signup and view all the answers

    Who is considered to be in a position of control or authority in a probation, community control, controlled release, detention, custodial, or similar setting?

    <p>A law enforcement officer</p> Signup and view all the answers

    What is the penalty for a person 18 years or older who commits sexual battery on a person 12 years or older, without consent, and without using physical force and violence?

    <p>Felony of the first degree</p> Signup and view all the answers

    What is the punishment for a person 18 years or older who commits sexual battery upon a person less than 12 years of age?

    <p>Capital felony, punishable as provided in ss. 775.082 and 921.141</p> Signup and view all the answers

    What is a circumstance under which a person may commit a felony of the first degree?

    <p>If the perpetrator has a previous conviction for a specified offense</p> Signup and view all the answers

    What is considered 'serious personal injury'?

    <p>Great bodily harm or pain, permanent disability, or permanent disfigurement</p> Signup and view all the answers

    What is one way an offender may incapacitate a victim?

    <p>By administering a narcotic or anesthetic</p> Signup and view all the answers

    What is the punishment for a person who commits sexual battery upon a person 12 years or older without that person's consent, under certain circumstances?

    <p>Felony of the first degree, punishable by a term of years not exceeding life</p> Signup and view all the answers

    What is true about the offense described in paragraph (5)(a)?

    <p>It is included in an offense charged under paragraph (4)(a)</p> Signup and view all the answers

    What is an example of 'retaliation' as defined in the statute?

    <p>All of the above</p> Signup and view all the answers

    What is true about a person younger than 18 years old who commits sexual battery?

    <p>They commit a felony of the second degree</p> Signup and view all the answers

    What is the punishment for a person less than 18 years of age who commits sexual battery upon a person less than 12 years of age?

    <p>Life felony, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115</p> Signup and view all the answers

    What is an example of a circumstance that applies to paragraphs (a)-(d) of the statute?

    <p>The victim is physically helpless to resist</p> Signup and view all the answers

    What is an example of a position of control or authority?

    <p>A correctional probation officer</p> Signup and view all the answers

    What is true about the offense described in paragraph (5)(d)?

    <p>It is a felony of the first degree</p> Signup and view all the answers

    What is the punishment for a person who commits sexual battery upon a person 12 years of age or older but younger than 18 years of age without that person's consent?

    <p>Felony of the first degree, punishable by a term of years not exceeding life</p> Signup and view all the answers

    A person who is convicted of committing sexual battery on or after October 1, 1992, is not eligible for what?

    <p>Basic gain-time under s. 944.275</p> Signup and view all the answers

    What is the punishment for soliciting a person less than 18 years of age to engage in an act that would constitute sexual battery?

    <p>Felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084</p> Signup and view all the answers

    What is the punishment for engaging in an act with a person less than 12 years of age that constitutes sexual battery?

    <p>Capital or life felony, punishable pursuant to subsection (2)</p> Signup and view all the answers

    What is not a defense to prosecution under this subsection?

    <p>The willingness or consent of the victim</p> Signup and view all the answers

    What is the punishment for falsely accusing a person in a position of control or authority of violating paragraph (4)(a), paragraph (4)(b), paragraph (4)(c), or paragraph (4)(d)?

    <p>Felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084</p> Signup and view all the answers

    What is the circumstance under which acquiescence to a person reasonably believed by the victim to be in a position of authority or control does not constitute consent?

    <p>When the circumstances were such as to lead the victim to reasonably believe that the person was in such a position</p> Signup and view all the answers

    What is the punishment for engaging in an act with a person 12 years of age or older but younger than 18 years of age that constitutes sexual battery?

    <p>Felony of the first degree, punishable by life</p> Signup and view all the answers

    Which of the following is an applicable circumstance for prosecution under paragraph (4)(a), paragraph (4)(b), paragraph (4)(c), or paragraph (4)(d)?

    <p>When the circumstances were such as to lead the victim to reasonably believe that the person was in a position of authority or control</p> Signup and view all the answers

    What is the effect of the rule in 794.02 on the common-law presumption relating to age?

    <p>It abolishes the rule, making minors capable of committing rape.</p> Signup and view all the answers

    What is not a defense in a prosecution under this chapter?

    <p>Ignorance of the victim's age.</p> Signup and view all the answers

    What is the rule regarding the admissibility of specific instances of prior consensual sexual activity between the victim and any person other than the offender?

    <p>They are admissible only if first established to the court in a proceeding in camera.</p> Signup and view all the answers

    What is the effect of an offender's use of a prophylactic device or a victim's request that an offender use a prophylactic device?

    <p>It is irrelevant to the issue of whether or not the offense was committed or the issue of whether or not the victim consented.</p> Signup and view all the answers

    What happens when a violation of s. 794.011 is committed by more than one person?

    <p>The offense is reclassified as provided in 794.023.</p> Signup and view all the answers

    What is the purpose of 794.021?

    <p>To make ignorance or belief as to victim's age no defense.</p> Signup and view all the answers

    Why are certain types of evidence excluded in a prosecution under this chapter?

    <p>To reduce the trauma to the victim.</p> Signup and view all the answers

    What is the effect of evidence of the victim's mental incapacity or defect?

    <p>It is admissible to prove that the consent was not intelligent, knowing, or voluntary.</p> Signup and view all the answers

    What is the purpose of the rule in 794.022?

    <p>To establish the rules of evidence in sexual battery cases.</p> Signup and view all the answers

    What is the effect of the reclassification of offenses under 794.023?

    <p>A felony of the first degree is reclassified to a life felony.</p> Signup and view all the answers

    What is the minimum mandatory sentence for a dangerous sexual felony offender who committed the offense on or after October 1, 2014?

    <p>50 years imprisonment</p> Signup and view all the answers

    What is a factor that makes a person a dangerous sexual felony offender?

    <p>The person used or threatened to use a deadly weapon</p> Signup and view all the answers

    What is the minimum sentence for a dangerous sexual felony offender who committed the offense before October 1, 2014?

    <p>25 years imprisonment</p> Signup and view all the answers

    What is the definition of 'serious personal injury' in the context of this statute?

    <p>Great bodily harm or pain, permanent disability, or permanent disfigurement</p> Signup and view all the answers

    What is the requirement for the offense described in subsection (2) to be charged?

    <p>The offense must have been committed after the date of commission of the last prior conviction</p> Signup and view all the answers

    What is the consequence of a person being sentenced to a mandatory minimum term of imprisonment under this section?

    <p>The person is not eligible for statutory gain-time under s. 944.275</p> Signup and view all the answers

    What is the alternative to the mandatory minimum term of imprisonment under this section?

    <p>Pardon or executive clemency</p> Signup and view all the answers

    What is the effect of a mandatory minimum term of imprisonment under this section on the maximum sentence authorized under s. 775.082?

    <p>The mandatory minimum term exceeds the maximum sentence</p> Signup and view all the answers

    What is the consequence of a defendant being sentenced to a mandatory minimum term of imprisonment under this section?

    <p>The defendant is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release</p> Signup and view all the answers

    What is the citation for this statute?

    <p>s. 794.011</p> Signup and view all the answers

    What is the purpose of the court-appointed medical expert in sentencing a defendant to medroxyprogesterone acetate treatment?

    <p>To determine the defendant's suitability for treatment</p> Signup and view all the answers

    When must the administration of medroxyprogesterone acetate treatment commence for a defendant sentenced to a period of incarceration?

    <p>One week prior to the defendant's release from prison</p> Signup and view all the answers

    What is the condition under which the court may sentence a defendant to physical castration?

    <p>If the defendant provides intelligent, knowing, and voluntary consent</p> Signup and view all the answers

    What is the duration of medroxyprogesterone acetate treatment specified in the court's order?

    <p>A specific term of years</p> Signup and view all the answers

    What is the responsibility of the Department of Corrections in administering medroxyprogesterone acetate treatment?

    <p>To provide the services necessary to administer treatment</p> Signup and view all the answers

    What is not required for the administration of medroxyprogesterone acetate treatment?

    <p>The defendant's prior conviction</p> Signup and view all the answers

    What is the definition of a 'prior conviction' in this section?

    <p>A conviction for which sentence was imposed separately prior to the imposition of the sentence for the current offense</p> Signup and view all the answers

    What is the effect of the court's sentence to medroxyprogesterone acetate treatment on the defendant's other penalties?

    <p>The treatment penalty does not affect the other penalties</p> Signup and view all the answers

    Who is exempt from the statute if they are 16 or 17 years of age?

    <p>A person who has had the disability of nonage removed under chapter 743</p> Signup and view all the answers

    What is the role of a law enforcement officer who investigates an alleged sexual battery?

    <p>To assist the victim in obtaining medical treatment, advocacy, and crisis-intervention services</p> Signup and view all the answers

    What is the term for services provided by a sexual battery counselor or trained volunteer to a victim?

    <p>Crisis-intervention services</p> Signup and view all the answers

    What is the purpose of the notice provided to the victim by the law enforcement officer?

    <p>To inform the victim of their legal rights and remedies</p> Signup and view all the answers

    What is the term for a public or private agency that provides sexual battery recovery services to victims of sexual battery and their families?

    <p>Rape crisis center</p> Signup and view all the answers

    What is the penalty for a person 24 years of age or older who intentionally touches a person 16 or 17 years of age in a lewd or lascivious manner?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the role of the Florida Council Against Sexual Violence in conjunction with the Department of Law Enforcement?

    <p>To develop and distribute a standard form for law enforcement officers to give to victims</p> Signup and view all the answers

    What is the purpose of the Sexual Battery Victims' Access to Services Act?

    <p>To provide services to victims of sexual battery</p> Signup and view all the answers

    What is the term for services necessary for the forensic examination of a victim or medical treatment for injuries of a victim of sexual battery?

    <p>Medical intervention</p> Signup and view all the answers

    What is the term for an employee of a rape crisis center whose primary purpose is the rendering of advice, counseling, or assistance to victims of sexual battery?

    <p>Sexual battery counselor</p> Signup and view all the answers

    What is the penalty for failing to comply with the administration of medroxyprogesterone acetate (MPA) as required by the court?

    <p>Felony of the second degree</p> Signup and view all the answers

    Who may not willfully and knowingly disclose the identifying information of a victim of an offense described in this chapter?

    <p>A public employee or officer</p> Signup and view all the answers

    What is the punishment for a violation of subsection (1) of 794.024?

    <p>Misdemeanor of the second degree</p> Signup and view all the answers

    Who may have access to the photograph, name, or address of a victim of an offense described in this chapter?

    <p>All of the above</p> Signup and view all the answers

    What is the penalty for refusing to allow the administration of medroxyprogesterone acetate (MPA) as required by the court?

    <p>Felony of the second degree</p> Signup and view all the answers

    What is the purpose of 794.024?

    <p>To protect the identity of the victim</p> Signup and view all the answers

    What is the purpose of the law prohibiting sexual predators from possessing erectile dysfunction drugs?

    <p>To prevent sexual predators from engaging in sexual activities.</p> Signup and view all the answers

    What is the penalty for a person who commits female genital mutilation on a female person younger than 18 years of age?

    <p>Felony of the first degree</p> Signup and view all the answers

    What is the exception to the law prohibiting female genital mutilation?

    <p>When performed by a licensed physician</p> Signup and view all the answers

    What happens to the retirement benefits of a person convicted of a felony under this chapter?

    <p>They are forfeited</p> Signup and view all the answers

    What is the age of the victim that determines the penalty for female genital mutilation?

    <p>Any age under 18</p> Signup and view all the answers

    What is the purpose of the law prohibiting sexual predators from possessing erectile dysfunction drugs?

    <p>To prevent sexual predators from engaging in sexual activities</p> Signup and view all the answers

    What is the consequence of a parent or guardian who knowingly consents to or permits the female genital mutilation of a female person younger than 18 years of age?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the penalty for a person who removes or causes the removal of a female person younger than 18 years of age from the state for the purpose of committing female genital mutilation?

    <p>Felony of the second degree</p> Signup and view all the answers

    What is the exception to the penalty for female genital mutilation?

    <p>When performed by a licensed physician</p> Signup and view all the answers

    What is the penalty for a person who commits female genital mutilation on multiple occasions?

    <p>Felony of the first degree for each offense</p> Signup and view all the answers

    Who is liable for damages resulting from the communication of a sexual crime victim's identity?

    <p>The entity or individual who communicated the victim's identity</p> Signup and view all the answers

    What is the requirement for a person to be guilty of a misdemeanor of the first degree for failing to report a sexual battery?

    <p>The person must have reasonable grounds to believe a sexual battery was committed and have the ability to seek assistance</p> Signup and view all the answers

    What is the penalty for publishing or broadcasting the identity of a sexual offense victim?

    <p>A misdemeanor of the second degree</p> Signup and view all the answers

    What is the age of the victim in the offense described in section 794.05?

    <p>16 or 17 years old</p> Signup and view all the answers

    What is the term for oral, anal, or female genital penetration by, or union with, the sexual organ of another?

    <p>Sexual activity</p> Signup and view all the answers

    What is the consequence of an offender impregnating a victim under the age of 18?

    <p>The offender must pay child support</p> Signup and view all the answers

    What is the purpose of section 794.026?

    <p>To provide civil liability for communicating the identity of a sexual crime victim</p> Signup and view all the answers

    What is the requirement for a person to be guilty of failing to report a sexual battery?

    <p>The person must have reasonable grounds to believe a sexual battery was committed and have the ability to seek assistance</p> Signup and view all the answers

    What is the penalty for a person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age?

    <p>A felony of the second degree</p> Signup and view all the answers

    What is the consequence of a person being found to have communicated the identity of a sexual crime victim?

    <p>The person is liable for damages</p> Signup and view all the answers

    What is the primary purpose of the statewide nonprofit association?

    <p>To represent and provide technical assistance to rape crisis centers</p> Signup and view all the answers

    How much of the funds received from the Rape Crisis Program Trust Fund can be used by the statewide nonprofit association for statewide initiatives?

    <p>15 percent</p> Signup and view all the answers

    What is the purpose of the Rape Crisis Program Trust Fund?

    <p>To provide funds for rape crisis centers</p> Signup and view all the answers

    What is the requirement for a person to be considered a trained volunteer at a rape crisis center?

    <p>30 hours of training in sexual violence and related topics</p> Signup and view all the answers

    What is the purpose of the allocation formula for distributing funds to rape crisis centers?

    <p>To take into account the population and rural characteristics of each county</p> Signup and view all the answers

    What is the role of the Department of Health in administering the Rape Crisis Program Trust Fund?

    <p>To contract with the statewide nonprofit association to distribute funds</p> Signup and view all the answers

    What is the purpose of the annual audit of expenditures by the statewide nonprofit association?

    <p>To ensure that funds are being used effectively to support rape crisis centers</p> Signup and view all the answers

    What is the purpose of the report to the Legislature by the Department of Health?

    <p>To ensure that funds are being used consistently with the requirements of the statute</p> Signup and view all the answers

    What is the source of funding for the Rape Crisis Program Trust Fund?

    <p>All of the above</p> Signup and view all the answers

    What is the role of the Department of Health in establishing criteria for distributing funds to rape crisis centers?

    <p>To establish criteria consistent with the provisions of the statute</p> Signup and view all the answers

    What happens if a defendant fails or refuses to appear as required by the Department of Corrections for the administration of medroxyprogesterone acetate (MPA)?

    <p>The defendant is guilty of a felony of the second degree.</p> Signup and view all the answers

    Who is authorized to receive identifying information about a person who is alleged to be the victim of an offense described in this chapter?

    <p>The defendant, their attorney, a person specified in an order entered by the court, and organizations authorized to receive such information.</p> Signup and view all the answers

    What is the punishment for a public employee or officer who willfully and knowingly discloses identifying information about a victim to a person who is not authorized to receive it?

    <p>A misdemeanor of the second degree.</p> Signup and view all the answers

    What is the purpose of the statute regarding the disclosure of identifying information about victims?

    <p>To protect the identity of the victim.</p> Signup and view all the answers

    Which of the following is not a authorized recipient of identifying information about a victim?

    <p>A member of the general public.</p> Signup and view all the answers

    What is the consequence of violating the statute regarding the disclosure of identifying information about victims?

    <p>The violator is guilty of a misdemeanor of the second degree.</p> Signup and view all the answers

    What is the primary purpose of the Rape Crisis Program Trust Fund?

    <p>To provide funds for rape crisis centers in the state</p> Signup and view all the answers

    Who is eligible to receive funds from the Rape Crisis Program Trust Fund?

    <p>Rape crisis centers</p> Signup and view all the answers

    What percentage of the funds from the Rape Crisis Program Trust Fund can be used by the statewide nonprofit association for statewide initiatives?

    <p>15%</p> Signup and view all the answers

    What is the purpose of the annual audit of the expenditures of the Rape Crisis Program Trust Fund?

    <p>To ensure funds are expended in a manner consistent with the requirements of this section</p> Signup and view all the answers

    What is the role of the Department of Health in distributing funds from the Rape Crisis Program Trust Fund?

    <p>To establish criteria for distributing funds to rape crisis centers</p> Signup and view all the answers

    What is the purpose of the Rape Crisis Program Trust Fund?

    <p>To provide funds for rape crisis centers in the state</p> Signup and view all the answers

    Who is responsible for ensuring that funds allocated from the Rape Crisis Program Trust Fund are expended in a manner consistent with the requirements of this section?

    <p>The Department of Health</p> Signup and view all the answers

    What percentage of the funds from the Rape Crisis Program Trust Fund can be used by the department for administrative costs?

    <p>5%</p> Signup and view all the answers

    What is the purpose of the statewide nonprofit association in the context of the Rape Crisis Program Trust Fund?

    <p>To represent and provide technical assistance to rape crisis centers</p> Signup and view all the answers

    What is the source of funds credited to the Rape Crisis Program Trust Fund?

    <p>All of the above</p> Signup and view all the answers

    What is the punishment for a person who communicates to others the identity of a sexual crime victim?

    <p>Civil liability for damages</p> Signup and view all the answers

    Who is liable to the victim for damages if they communicate the identity of a sexual crime victim?

    <p>Entity or individual</p> Signup and view all the answers

    What is the requirement for a victim to maintain a cause of action against an entity or individual who communicated their identity?

    <p>The communication was intentional and with reckless disregard</p> Signup and view all the answers

    What is the minimum age of a person who can commit a felony of the third degree under section 794.051?

    <p>24 years old</p> Signup and view all the answers

    What is the punishment for a person who observes the commission of the crime of sexual battery and fails to report it?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    What is the role of a law enforcement officer in investigating an alleged sexual battery?

    <p>To assist the victim in obtaining medical treatment and forensic examination</p> Signup and view all the answers

    What is the purpose of the 'Sexual Battery Victims' Access to Services Act'?

    <p>To provide access to services for victims of sexual battery</p> Signup and view all the answers

    Who is exempt from the duty to report the commission of the crime of sexual battery?

    <p>Husband, wife, parent, grandparent, child, grandchild, brother, or sister of the offender or victim</p> Signup and view all the answers

    What is included in the definition of 'medical intervention' in section 794.055?

    <p>Forensic examination and medical treatment</p> Signup and view all the answers

    What is the punishment for publishing or broadcasting the identity of a sexual offense victim?

    <p>Misdemeanor of the second degree</p> Signup and view all the answers

    Who can provide crisis-intervention services to victims of sexual battery?

    <p>Rape crisis center employees</p> Signup and view all the answers

    What is the age of consent for sexual activity in Florida?

    <p>16 years of age</p> Signup and view all the answers

    What is the punishment for a person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age?

    <p>Felony of the second degree</p> Signup and view all the answers

    What is the purpose of having a certified rape crisis center?

    <p>To provide access to services for victims of sexual battery</p> Signup and view all the answers

    What is the role of the Florida Council Against Sexual Violence in providing services to victims of sexual battery?

    <p>To certify rape crisis centers and provide resources to victims</p> Signup and view all the answers

    What is the consequence of a person being convicted of sexual battery on a person less than 12 years of age?

    <p>The person must register as a sex offender</p> Signup and view all the answers

    What is the purpose of giving a victim immediate notice of their legal rights and remedies under section 794.052?

    <p>To inform the victim of available services and resources</p> Signup and view all the answers

    What is the purpose of the statute regarding sexual battery?

    <p>To prevent sexual battery and protect the victim</p> Signup and view all the answers

    What is the purpose of the standard form developed by the Florida Council Against Sexual Violence?

    <p>To inform the victim of their legal rights and remedies</p> Signup and view all the answers

    What is the role of the Department of Health in providing services to victims of sexual battery?

    <p>To coordinate medical intervention services for victims</p> Signup and view all the answers

    What is the penalty for a person designated as a sexual predator who possesses a prescription drug for treating erectile dysfunction?

    <p>A misdemeanor of the second degree</p> Signup and view all the answers

    What is the term used to describe the act of circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of a female person?

    <p>Female genital mutilation</p> Signup and view all the answers

    What is the penalty for a person who knowingly commits, or attempts to commit, female genital mutilation upon a female person younger than 18 years of age?

    <p>A felony of the first degree</p> Signup and view all the answers

    What is the exception to the application of section 794.08?

    <p>Procedures performed by or under the direction of a licensed medical professional</p> Signup and view all the answers

    What is the consequence of a person being convicted of a felony under this chapter?

    <p>The person's retirement benefits are forfeited</p> Signup and view all the answers

    What is the requirement for the forfeiture of retirement benefits under section 794.09?

    <p>The person must be a public officer or employee</p> Signup and view all the answers

    What is the age of the victim that determines the penalty for female genital mutilation?

    <p>Less than 18 years of age</p> Signup and view all the answers

    What is the penalty for a person who knowingly removes, or causes or permits the removal of, a female person younger than 18 years of age from this state for purposes of committing female genital mutilation?

    <p>A felony of the second degree</p> Signup and view all the answers

    What is the penalty for a parent, guardian, or person in a position of familial or custodial authority to a female person younger than 18 years of age who knowingly consents to or permits the female genital mutilation of that female person?

    <p>A felony of the third degree</p> Signup and view all the answers

    What is the exception to the penalty for female genital mutilation?

    <p>Necessity to preserve the physical health of the female person</p> Signup and view all the answers

    Study Notes

    Legislative Findings and Intent

    • The Legislature finds that the least serious sexual battery offense, provided in s. 794.011(5), was intended to serve as the basic charge of sexual battery and is necessarily included in the offenses charged under subsections (3) and (4).
    • The sexual battery offense described in s. 794.011(5) does not require any force or violence beyond the force and violence that is inherent in the accomplishment of "penetration" or "union".

    Definitions

    • "Consent" means intelligent, knowing, and voluntary consent, and does not include coerced submission.
    • "Female genitals" includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
    • "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.
    • "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.
    • "Physically helpless" means unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act.
    • "Physically incapacitated" means bodily impaired or handicapped and substantially limited in ability to resist or flee.
    • "Retaliation" includes, but is not limited to, threats of future physical punishment, kidnapping, false imprisonment or forcible confinement, or extortion.
    • "Serious personal injury" means great bodily harm or pain, permanent disability, or permanent disfigurement.

    Sexual Battery

    • A person who commits sexual battery upon a person 12 years of age or older, without that person's consent, and in the process:
      • Uses or threatens to use a deadly weapon, commits a life felony, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
      • 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.
    • A person who commits sexual battery upon a person 12 years of age or older, without that person's consent, and in the process does not use physical force and violence likely to cause serious personal injury, commits a felony of the first or second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
    • A person who commits sexual battery upon a person less than 12 years of age, without that person's consent, and in the process:
      • Commits a capital felony, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115, if the victim is less than 12 years of age and the offender is 18 years of age or older.
      • Commits a life felony, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115, if the victim is less than 12 years of age and the offender is less than 18 years of age.

    Dangerous Sexual Felony Offender

    • A person who is convicted of a violation of s. 794.011, or any similar offense, and meets certain criteria, including causing serious personal injury, using or threatening to use a deadly weapon, victimizing more than one person, or committing the offense while under the jurisdiction of a court, is a dangerous sexual felony offender, and must be sentenced to a mandatory minimum term of imprisonment of 25 years or 50 years, depending on the offense.

    • The offense described in this section must have been committed after the date of commission of the last prior conviction for an offense that is a prior conviction described in this section.

    • A defendant sentenced to a mandatory minimum term of imprisonment under this section is not eligible for statutory gain-time or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release.### Administration of Medroxyprogesterone Acetate (MPA)

    • The court may sentence a defendant to be treated with MPA if they are convicted of sexual battery as described in s. 794.011.

    • The court shall sentence a defendant to be treated with MPA if they have a prior conviction of sexual battery under s. 794.011.

    Conditions for MPA Sentence

    • The court's order sentencing a defendant to MPA treatment is contingent upon a determination by a court-appointed medical expert that the defendant is an appropriate candidate for treatment.
    • This determination must be made no later than 60 days from the imposition of sentence.

    Duration of Treatment

    • The court's order shall specify the duration of treatment for a specific term of years or up to the life of the defendant.
    • The administration of MPA treatment shall commence not later than one week prior to the defendant's release from prison or other institution.

    Provision of Services

    • The Department of Corrections shall provide the services necessary to administer MPA treatment.
    • The administration of MPA treatment may be discontinued when it is not medically appropriate.

    Definition of Prior Conviction

    • A prior conviction means a conviction for which sentence was imposed separately prior to the imposition of the sentence for the current offense.
    • The prior conviction must have been sentenced separately from any other conviction that is to be counted as a prior conviction under this section.

    Unlawful Acts

    • Failing to appear for or refusing to undergo medroxyprogesterone acetate (MPA) treatment as a condition of sentencing is a felony of the second degree.
    • Disclosing identifying information of a sexual offense victim is a misdemeanor of the second degree.

    Reporting Sexual Battery

    • A person who observes a sexual battery and has the ability to report it but fails to do so is guilty of a misdemeanor of the first degree.
    • The victim's prior sexual conduct is not a relevant issue in a prosecution under this section.

    Indecent or Lewd Touching

    • A person 24 years of age or older who intentionally touches a person 16 or 17 years of age in a lewd or lascivious manner commits a felony of the third degree.

    Sexual Battery Victims' Rights

    • A law enforcement officer who investigates a sexual battery must provide the victim with information about their rights and services, including medical treatment and advocacy.
    • The victim has the right to review and comment on the final report.

    Access to Services

    • The "Sexual Battery Victims' Access to Services Act" provides for crisis-intervention services, medical intervention, and advocacy and support services for victims of sexual battery.
    • The Department of Health contracts with the statewide nonprofit association to provide these services.

    Rape Crisis Program Trust Fund

    • The Rape Crisis Program Trust Fund is used to provide funds for rape crisis centers in the state.
    • Funds credited to the trust fund come from additional court assessments in certain cases.

    Sexual Predators

    • A person designated as a sexual predator may not possess a prescription drug for the purpose of treating erectile dysfunction.

    Female Genital Mutilation

    • Female genital mutilation is illegal in the state, and a person who knowingly commits, attempts to commit, or permits the removal of a female person for this purpose commits a felony.

    Forfeiture of Retirement Benefits

    • The retirement benefits of a person convicted of a felony under this chapter may be subject to forfeiture if the person is a public officer or employee when the offense occurs.

    Unlawful Acts

    • Failing to appear for or refusing to undergo medroxyprogesterone acetate (MPA) treatment as a condition of sentencing is a felony of the second degree.
    • Disclosing identifying information of a sexual offense victim is a misdemeanor of the second degree.

    Reporting Sexual Battery

    • A person who observes a sexual battery and has the ability to report it but fails to do so is guilty of a misdemeanor of the first degree.
    • The victim's prior sexual conduct is not a relevant issue in a prosecution under this section.

    Indecent or Lewd Touching

    • A person 24 years of age or older who intentionally touches a person 16 or 17 years of age in a lewd or lascivious manner commits a felony of the third degree.

    Sexual Battery Victims' Rights

    • A law enforcement officer who investigates a sexual battery must provide the victim with information about their rights and services, including medical treatment and advocacy.
    • The victim has the right to review and comment on the final report.

    Access to Services

    • The "Sexual Battery Victims' Access to Services Act" provides for crisis-intervention services, medical intervention, and advocacy and support services for victims of sexual battery.
    • The Department of Health contracts with the statewide nonprofit association to provide these services.

    Rape Crisis Program Trust Fund

    • The Rape Crisis Program Trust Fund is used to provide funds for rape crisis centers in the state.
    • Funds credited to the trust fund come from additional court assessments in certain cases.

    Sexual Predators

    • A person designated as a sexual predator may not possess a prescription drug for the purpose of treating erectile dysfunction.

    Female Genital Mutilation

    • Female genital mutilation is illegal in the state, and a person who knowingly commits, attempts to commit, or permits the removal of a female person for this purpose commits a felony.

    Forfeiture of Retirement Benefits

    • The retirement benefits of a person convicted of a felony under this chapter may be subject to forfeiture if the person is a public officer or employee when the offense occurs.

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    Quiz on Florida's sexual battery law, including legislative findings and intent on the basic charge and requirements.

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