Florida Statute 794: Sexual Battery Offenses

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What does the term 'consent' mean according to the chapter on sexual battery?

Intelligent, knowing, and voluntary consent

What is the term for a person who is temporarily or permanently incapable of appraising the nature of their conduct due to a mental disease or defect?

Mentally defective

What is the term for a person who is temporarily incapable of appraising or controlling their own conduct due to the influence of a substance or other act?

Mentally incapacitated

What is the term for a person who is accused of a sexual offense in violation of a provision of this chapter?

Offender Signup and view all the answers

What is the term for a person who is unconscious, asleep, or physically unable to communicate unwillingness to an act?

Physically helpless Signup and view all the answers

What does the term 'retaliation' include in the context of sexual battery?

Threats of future physical punishment, kidnapping, false imprisonment, or extortion Signup and view all the answers

What is the term for great bodily harm or pain, permanent disability, or permanent disfigurement?

Serious personal injury Signup and view all the answers

What was the legislative intent behind the least serious sexual battery offense?

To make the offense necessarily included in the offenses charged under subsections (3) and (4) Signup and view all the answers

What is the age of the victim in a capital felony punishable as provided in ss. 775.082 and 921.141?

Less than 12 years of age 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?

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

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

Felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115. Signup and view all the answers

What is one of the circumstances under which a person commits a felony of the first degree?

The victim is physically helpless to resist. Signup and view all the answers

What is another circumstance under which a person commits a felony of the first degree?

The offender coerces the victim to submit by threatening to use force or violence likely to cause serious personal injury on the victim. Signup and view all the answers

What is a circumstance under which a person commits a felony of the first degree, relating to retaliation?

The offender threatens 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. Signup and view all the answers

What is the definition of 'sexual battery'?

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. Signup and view all the answers

What is the exception to the definition of 'sexual battery'?

An act done for a bona fide medical purpose. Signup and view all the answers

What is the definition of 'victim'?

A person who has been the object of a sexual offense. Signup and view all the answers

What does 'physically incapacitated' mean?

Bodily impaired or handicapped and substantially limited in ability to resist or flee. Signup and view all the answers

What is the penalty for soliciting someone under 18 years old to engage in sexual battery?

Felony of the third degree Signup and view all the answers

What is the penalty for engaging in sexual battery with someone 12 years or older but less than 18 years old?

Felony of the first degree Signup and view all the answers

What is the penalty for engaging in sexual battery with someone under 12 years old?

Capital or life felony Signup and view all the answers

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

When the circumstances led the victim to reasonably believe the person was in a position of authority or control Signup and view all the answers

What is the penalty for falsely accusing someone of violating paragraph (4)(a), (4)(b), (4)(c), or (4)(d)?

Felony of the third degree Signup and view all the answers

What is the name of the act that is cited in section 794.0115?

Dangerous Sexual Felony Offender Act Signup and view all the answers

What is the mandatory minimum term of imprisonment for a dangerous sexual felony offender?

25 years Signup and view all the answers

What is one of the circumstances that makes a person a dangerous sexual felony offender?

The person caused serious personal injury to the victim Signup and view all the answers

What is another circumstance that makes a person a dangerous sexual felony offender?

All of the above Signup and view all the answers

What is the penalty for a dangerous sexual felony offender?

Mandatory minimum term of 25 years imprisonment Signup and view all the answers

When is evidence of the victim's mental incapacity or defect admissible in a prosecution under s. 787.06, s. 794.011, or s. 800.04?

To prove that the consent was not intelligent, knowing, or voluntary Signup and view all the answers

What is the purpose of reclassifying offenses under s. 794.023?

To increase the penalty for multiple perpetrators Signup and view all the answers

What is the significance of s. 921.0022 or s. 921.0023 in relation to reclassified offenses?

Ranks the offense one level above the original ranking Signup and view all the answers

What is the alternative to treatment with medroxyprogesterone acetate (MPA) under s. 794.0235?

Physical castration Signup and view all the answers

What is the requirement for a court to sentence a defendant to treatment with medroxyprogesterone acetate (MPA) under s. 794.0235?

A determination by a court-appointed medical expert Signup and view all the answers

What is the purpose of the determination by a court-appointed medical expert under s. 794.0235?

To determine if the defendant is an appropriate candidate for treatment Signup and view all the answers

How long does the court have to make a determination about the defendant's suitability for treatment with medroxyprogesterone acetate (MPA)?

60 days Signup and view all the answers

What is the effect of reclassifying an offense under s. 794.023?

Increases the penalty for the offense Signup and view all the answers

What is the significance of s. 794.011 in relation to s. 794.0235?

Defines the offense of sexual battery Signup and view all the answers

What is the purpose of s. 794.0235?

To provide an alternative penalty for sexual battery Signup and view all the answers

What is the minimum term of imprisonment for a person who qualifies as a dangerous sexual felony offender?

50 years Signup and view all the answers

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

Great bodily harm or pain, permanent disability, or permanent disfigurement Signup and view all the answers

Is a defendant sentenced to a mandatory minimum term of imprisonment eligible for statutory gain-time?

No, under any circumstances Signup and view all the answers

What is the purpose of the rule in s. 794.021?

To specify that ignorance of the victim's age is not a defense Signup and view all the answers

What is the rule regarding corroboration of the victim's testimony in a prosecution under s. 794.011?

The victim's testimony need not be corroborated Signup and view all the answers

What is the rule regarding admission of evidence of specific instances of prior consensual sexual activity?

Such evidence may be admitted if it is relevant to the issue of consent Signup and view all the answers

What is the purpose of the section regarding the common-law presumption relating to age?

To abolish the common-law rule regarding the age of capacity Signup and view all the answers

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

It replaces the maximum sentence authorized under other laws Signup and view all the answers

What is the rule regarding admission of evidence of the victim's reputation or manner of dress?

Such evidence is never admissible Signup and view all the answers

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

It must have been committed after the date of commission of the last prior conviction Signup and view all the answers

What is the punishment for someone who publishes or broadcasts information identifying a sexual offense victim?

Misdemeanor of the second degree Signup and view all the answers

What is the age of the victim in a situation where a person 24 years of age or older engages in sexual activity with them?

16 or 17 years of age Signup and view all the answers

What is the purpose of a law enforcement officer assisting the victim in obtaining medical treatment?

To provide medical treatment if necessary Signup and view all the answers

What is the term for advice, counseling, or consultation provided by a sexual battery counselor or trained volunteer?

Crisis-intervention services Signup and view all the answers

What is the purpose of providing notice to the victim of the legal rights and remedies available?

To advise the victim of legal rights and remedies 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?

Medical intervention Signup and view all the answers

What is the purpose of allowing the victim to review the final report and provide a statement?

To ensure the accuracy of the final report Signup and view all the answers

What is the purpose of providing transportation to the appropriate facility?

To ensure the victim receives necessary services Signup and view all the answers

What is the primary purpose of a sexual battery counselor?

To render advice, counseling, or assistance to victims of sexual battery Signup and view all the answers

What is the purpose of giving the victim immediate notice of legal rights and remedies?

To advise the victim of legal rights and remedies Signup and view all the answers

What services are provided to victims who have reported the offense to law enforcement?

A range of services including a 24-hour hotline, information and referral services, and therapy services Signup and view all the answers

What is the purpose of the statewide nonprofit association?

To represent and provide technical assistance to rape crisis centers Signup and view all the answers

What is the term for the popular name of the act that ensures access to services for victims of sexual battery?

The Sexual Battery Victims' Access to Services Act Signup and view all the answers

How are funds distributed to rape crisis centers?

Based on the population and rural characteristics of each county Signup and view all the answers

What is the percentage of funds that may be used by the statewide nonprofit association for statewide initiatives?

15% Signup and view all the answers

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

To provide funding for rape crisis centers Signup and view all the answers

What is a trained volunteer?

A person who volunteers at a rape crisis center and has completed 30 hours of training Signup and view all the answers

What is the role of the department in allocating funds?

To ensure that funds are expended in a manner consistent with the requirements of the program Signup and view all the answers

What is the percentage of funds that may be used by the department for administrative costs?

5% Signup and view all the answers

What is the purpose of the annual audit?

To ensure that funds are expended in a manner consistent with the requirements of the program Signup and view all the answers

When must the administration of medroxyprogesterone acetate (MPA) treatment commence in defendants sentenced to a period of incarceration?

Not later than one week prior to the defendant's release from prison or other institution Signup and view all the answers

Who is responsible for providing the services necessary to administer medroxyprogesterone acetate (MPA) treatment?

The Department of Corrections Signup and view all the answers

What is the penalty for failing or refusing to undergo MPA treatment as required by the court?

A felony of the second degree Signup and view all the answers

What is the purpose of section 794.024?

To protect the identity of sexual crime victims Signup and view all the answers

Who is liable to a sexual crime victim for communicating their identity prior to open judicial proceedings?

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

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

A misdemeanor of the first degree Signup and view all the answers

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

The person must have the present ability to seek assistance for the victim Signup and view all the answers

What is the exception to the requirement of reporting sexual battery?

If the person would be exposed to physical violence Signup and view all the answers

What is the purpose of section 794.027?

To require reporting of sexual battery Signup and view all the answers

Who is not liable to a sexual crime victim for communicating their identity?

A rape crisis center or sexual assault counselor Signup and view all the answers

What is the key factor that determines whether a person's retirement benefits can be forfeited under section 794.09?

The victim's age when the offense occurs Signup and view all the answers

When is the consent of a female person younger than 18 years of age or their parent/guardian not a defense to the offense of female genital mutilation?

Always, regardless of the circumstances Signup and view all the answers

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

All of the above Signup and view all the answers

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

October 1, 2008 Signup and view all the answers

What is the section that governs the forfeiture of retirement benefits for certain offenses?

Section 794.09 Signup and view all the answers

Which of the following crimes is punishable as a felony of the first degree?

Female genital mutilation of a female person younger than 18 years of age Signup and view all the answers

What is the purpose of the funds credited to the trust fund?

To support rape crisis centers Signup and view all the answers

Which of the following is an exception to the definition of female genital mutilation?

Procedures performed by a licensed physician to preserve the physical health of a female person Signup and view all the answers

What is the penalty for a person who violates the provision on sexual predators and erectile dysfunction drugs for the first time?

Misdemeanor of the second degree Signup and view all the answers

Which of the following is a source of funds credited to the trust fund?

All of the above Signup and view all the answers

What is the age of the female person in the context of female genital mutilation?

Younger than 18 years of age Signup and view all the answers

Who establishes the criteria for distributing moneys from the trust fund to rape crisis centers?

The Department of Health Signup and view all the answers

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

Felony of the first degree Signup and view all the answers

Which of the following is a circumstance under which a person commits a crime related to female genital mutilation?

Removing a female person younger than 18 years of age from the state for purposes of committing female genital mutilation Signup and view all the answers

What is the purpose of the provision on sexual predators and erectile dysfunction drugs?

To prevent sexual predators from engaging in sexual activity Signup and view all the answers

What is one of the circumstances where a person commits sexual battery?

The victim is mentally defective, and the offender has reason to believe this or has actual knowledge of this fact. 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 but younger than 18 years old?

Felony of the first degree Signup and view all the answers

What is one of the circumstances where the offender is in a position of control or authority?

The offender is a law enforcement officer, correctional officer, or correctional probation officer. Signup and view all the answers

What is the penalty for a person who commits sexual battery and has a previous conviction of a violation of section 787.01(2) or s. 787.02(2)?

Felony of the first degree Signup and view all the answers

What is the penalty for a person younger than 18 years old who commits sexual battery on a person 12 years or older?

Felony of the second degree Signup and view all the answers

What is the effect of a person being convicted of sexual battery on or after October 1, 1992?

The person is not eligible for basic gain-time Signup and view all the answers

What is one of the circumstances where the offender administers a substance to the victim?

The offender administers a substance to the victim without the victim's consent. Signup and view all the answers

What is the penalty for a person 18 years or older who commits sexual battery on a person 18 years or older?

Felony of the second degree Signup and view all the answers

What is the effect of a person being convicted of a violation of section 787.01(2) or s. 787.02(2)?

The person is eligible for a felony of the first degree Signup and view all the answers

What is the purpose of subsection (7)?

To determine eligibility for basic gain-time Signup and view all the answers

Study Notes

Legislative Intent and Definition of Terms

The Legislature finds that the least serious sexual battery offense was intended to serve as the basic charge of sexual battery.
"Consent" means intelligent, knowing, and voluntary consent, and does not include coerced submission.
"Mentally defective" means a mental disease or defect that renders a person temporarily or permanently incapable of appraising the nature of their conduct.
"Mentally incapacitated" means temporarily incapable of appraising or controlling one's own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance.

Punishment for Sexual Battery

A person 18 years or older who commits sexual battery on a person less than 12 years old commits a capital felony.
A person less than 18 years old who commits sexual battery on a person less than 12 years old commits a life felony.
A person who commits sexual battery on a person 12 years or older without consent, and uses physical force or violence, commits a life felony.
A person who commits sexual battery on a person 12 years or older without consent, but without physical force or violence, commits a felony of the first or second degree.

Circumstances Affecting Punishment

The victim's age, mental or physical incapacitation, or physical helplessness may affect the punishment for sexual battery.
The use of a deadly weapon, or the threat of retaliation, may also affect the punishment.
The perpetrator's position of authority or control over the victim may also be a factor.

Dangerous Sexual Felony Offender

A person who commits a sexual battery and causes serious personal injury, uses a deadly weapon, or victimizes multiple people, may be classified as a dangerous sexual felony offender.
A dangerous sexual felony offender must be sentenced to a minimum of 25 years imprisonment, or 50 years if the offense was committed on or after October 1, 2014.

Evidence and Defenses

The testimony of the victim need not be corroborated in a prosecution for sexual battery.
Specific instances of prior consensual sexual activity between the victim and the perpetrator may not be admitted into evidence.
Reputation evidence or evidence of the victim's manner of dress may not be admitted to show that the victim incited the sexual battery.
An offender's use of a prophylactic device or the victim's request for its use is not relevant to the issue of consent or the commission of the offense.### Sexual Battery and Related Offenses
A person who is sentenced to treatment with medroxyprogesterone acetate (MPA) may not be imposed in lieu of, or reduce, any other penalty prescribed under s. 794.011.
Physical castration may be ordered as an alternative penalty, but only with the defendant's written motion and consent.
The court must determine whether the defendant is an appropriate candidate for MPA treatment, and the administration of treatment shall commence not later than one week prior to the defendant's release from prison.

Disclosure of Victim Information

A public employee or officer who has access to the photograph, name, or address of a victim of sexual offense may not willfully disclose such information to unauthorized persons.
A violation of this provision constitutes a misdemeanor of the second degree.
Certain exceptions apply, such as disclosure to the defendant, the defendant's attorney, or a rape crisis center.

Civil Liability for Disclosure of Victim Information

An entity or individual who communicates the identity of a sexual offense victim prior to open judicial proceedings may be liable for damages to the victim.
The victim must show that the communication was intentional and done with reckless disregard for the offensive nature of the publication.

Duty to Report Sexual Battery

A person who observes the commission of sexual battery and fails to report it to law enforcement may be guilty of a misdemeanor of the first degree.
Exceptions apply, such as if the person is a family member of the offender or victim, or if the person is the victim of the sexual battery.

Unlawful Sexual Activity with Certain Minors

A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree.
The victim's prior sexual conduct is not a relevant issue in a prosecution under this section.

Access to Services for Victims of Sexual Battery

The "Sexual Battery Victims' Access to Services Act" provides for access to crisis-intervention services, medical intervention, and other services for victims of sexual battery.
The Department of Health shall contract with the statewide nonprofit association to provide services to victims and their families.

Rape Crisis Program Trust Fund

The Rape Crisis Program Trust Fund is established to provide funds for rape crisis centers in the state.
Trust fund moneys shall be used exclusively for the purpose of providing services for victims of sexual assault.

Sexual Predators and Erectile Dysfunction Drugs

A person designated as a sexual predator may not possess a prescription drug for the purpose of treating erectile dysfunction.
A violation of this provision is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Female Genital Mutilation

A person who commits, or attempts to commit, female genital mutilation upon a female person younger than 18 years of age commits a felony of the first degree.
Exceptions apply, such as procedures performed by a licensed physician when necessary to preserve the physical health of a female person.

Forfeiture of Retirement Benefits

The retirement benefits of a person convicted of a felony under this chapter are subject to forfeiture if the person is a public officer or employee when the offense occurs, and the victim is younger than 18 years of age when the offense occurs.

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