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Florida Statute 92.565 | Lawyer Caselaw & Research
F.S. 92.565 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 92.565

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS
View Entire Chapter
F.S. 92.565
92.565 Admissibility of confession in sexual abuse cases.
(1) As used in this section, the term “sexual abuse” means an act of a sexual nature or sexual act that may be prosecuted under any law of this state, including those offenses specifically designated in subsection (2).
(2) In any criminal action in which the defendant is charged with a crime against a victim under s. 787.06(3), involving commercial sexual activity; s. 794.011; s. 794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual abuse; s. 827.04, involving sexual abuse; s. 827.071; or s. 847.0135(5), or any other crime involving sexual abuse of another, or with any attempt, solicitation, or conspiracy to commit any of these crimes, the defendant’s memorialized confession or admission is admissible during trial without the state having to prove a corpus delicti of the crime if the court finds in a hearing conducted outside the presence of the jury that the state is unable to show the existence of each element of the crime, and having so found, further finds that the defendant’s confession or admission is trustworthy. Factors which may be relevant in determining whether the state is unable to show the existence of each element of the crime include, but are not limited to, the fact that, at the time the crime was committed, the victim was:
(a) Physically helpless, mentally incapacitated, or mentally defective, as those terms are defined in s. 794.011;
(b) Physically incapacitated due to age, infirmity, or any other cause; or
(c) Less than 12 years of age.
(3) Before the court admits the defendant’s confession or admission, the state must prove by a preponderance of evidence that there is sufficient corroborating evidence that tends to establish the trustworthiness of the statement by the defendant. Hearsay evidence is admissible during the presentation of evidence at the hearing. In making its determination, the court may consider all relevant corroborating evidence, including the defendant’s statements.
(4) The court shall make specific findings of fact, on the record, for the basis of its ruling.
History.s. 1, ch. 2000-204; s. 10, ch. 2008-172; s. 2, ch. 2017-23.

F.S. 92.565 on Google Scholar

F.S. 92.565 on Casetext

Amendments to 92.565


Arrestable Offenses / Crimes under Fla. Stat. 92.565
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 92.565.



Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. TUMLINSON,, 224 So. 3d 766 (Fla. Dist. Ct. App. 2016)

. . . A proper application of section 92.565 and our holding in Geiger compels reversal of the circuit court . . . Cf. § 92.565(4). . . . Section 92.565(3) describes the court’s role in gauging the trustworthiness of such a confession prior . . . But corpus delicti has been supplanted by section 92.565 for this criminal offense. . . . State, 946 So.2d 1270, 1275 (Fla. 2d DCA 2007) (“When section 92.565 is properly invoked, it replaces . . . The State filed a motion to admit Tum-linson’s statements under section 92.565. . . . Under section 92.565(2), when a defendant is charged with a crime involving sexual abuse, the defendant . . . But section 92.565 contemplates an exception to this rule and “eliminates corpus delicti as a predicate . . . Section 92.565 serves the same general purpose as the corpus delicti rule but it contains a different . . . A defendant’s confession or admission shall not be admitted under section 92.565 until the State has . . .

RAMIREZ, v. STATE, 133 So. 3d 648 (Fla. Dist. Ct. App. 2014)

. . . into evidence without first determining that the confession was trustworthy as required by section 92.565 . . . We affirm the first issue because section 92.565 only applies where the State is unable to prove corpus . . . Section 92.565 provides an exception to the corpus delicti rule for criminal prosecutions of certain . . . In this case, the State did not — and did not need to — rely on section 92.565 to introduce Ramirez’s . . . Accordingly, because section 92.565 is not implicated in this case, the trial court properly admitted . . .

KITTRELL, v. STATE, 125 So. 3d 1027 (Fla. Dist. Ct. App. 2013)

. . . No attempt was made to introduce the confession pursuant to section 92.565, Florida Statutes (2011). . . .

ALLEN, v. STATE, 70 So. 3d 700 (Fla. Dist. Ct. App. 2011)

. . . appellant’s confession to the police was properly admitted into evidence at trial pursuant to section 92.565 . . . err in determining that appellant’s statement was trustworthy and as such admissible under section 92.565 . . . The state relied on section 92.565, Florida Statutes, which states: In any criminal action in which the . . . intimate encounter between P.D. and appellant, satisfied the trustworthiness requirement of section 92.565 . . . the existence of the elements of the crime for purposes of admitting a statement pursuant to section 92.565 . . .

FLORIDA POWER LIGHT COMPANY FPL v. FLORIDA PUBLIC SERVICE COMMISSION, Jr. v., 31 So. 3d 860 (Fla. Dist. Ct. App. 2010)

. . . The Fifth District in Hobbs construed section 92.565, Florida Statutes, which eliminates the corpus delicti . . . Section 92.565 provides that factors relevant in determining whether the State is unable to show the . . . Physically incapacitated due to age, infirmity, or any other cause; or (c) Less than 12 years of age.” § 92.565 . . . The court held that the list enumerated in section 92.565(2) was a list of factors a trial court could . . .

HOBBS, v. STATE, 999 So. 2d 1025 (Fla. 2008)

. . . The conflict issue is whether, for purposes of admitting a defendant’s statement pursuant to section 92.565 . . . We hold that the plain language of section 92.565 does not prohibit a trial court from considering a . . . In January 2007, the State filed a pretrial motion pursuant to section 92.565, Florida Statutes (2007 . . . Section 92.565, Florida Statutes (2007), titled “Admissibility of confession in sexual abuse cases,” . . . In response, Hobbs argued that the requirements of section 92.565 were not satisfied in his case. . . .

BUTLER, v. STATE, 972 So. 2d 1089 (Fla. Dist. Ct. App. 2008)

. . . We further find that the trial court properly applied section 92.565, Florida Statutes (2006), in permitting . . .

STATE v. HOBBS,, 974 So. 2d 1119 (Fla. Dist. Ct. App. 2008)

. . . The sole issue on appeal concerns the admissibility of Appel-lee’s confession pursuant to section 92.565 . . . The State’s motion was based on section 92.565(2), Florida Statutes, which provides in pertinent part . . . All that is required to invoke section 92.565 is that the trial court find that: (1) the defendant is . . . I would hold that section 92.565, Florida Statutes (2005), applies in situations where the victim is . . . The factors listed in section 92.565(2) are not an exhaustive list, but merely provide examples of the . . .

A. TANZI, v. STATE, 964 So. 2d 106 (Fla. 2007)

. . . Battery Confession Next, Tanzi claims that the trial court failed to follow the requirements of section 92.565 . . . the trial court to test the reliability of the confession using the procedures outlined in section 92.565 . . .

HERNANDEZ, v. STATE, 946 So. 2d 1270 (Fla. Dist. Ct. App. 2007)

. . . Hernandez’s statements under section 92.565. . . . THE SECTION 92.565 ISSUE A. . . . Hernandez’s statements under section 92.565. . . . Shul-man’s deposition testimony when it revisits the State’s motion under section 92.565. . . . Hernandez’s statements under section 92.565. . . .

N. C. a v. STATE, 947 So. 2d 1201 (Fla. Dist. Ct. App. 2007)

. . . We note that the State did not attempt to admit Appellant’s confession into evidence under section 92.565 . . .

R. KELLY, v. STATE, 946 So. 2d 591 (Fla. Dist. Ct. App. 2006)

. . . We agree with Appellant that the requirements of section 92.565(2) were not met and that the trial court . . . The state sought to admit Appellant’s confession pursuant to section 92.565(2). . . . Section 92.565(2) creates an exception to the corpus delicti rule for certain sexual abuse crimes. . . . For qualifying sexual abuse cases, section 92.565(2) allows the state to introduce a confession into . . . See § 92.565(2), Fla. Stat. (2005). . . . In my view, the majority opinion overlooks the broad language of section 92.565, Florida Statutes (2005 . . . Section 92.565, Florida Statutes (2005), by its specific terms, applies to a wide range of crimes involving . . . In addition, section 92.565 specifically applies to “any other crime involving sexual abuse of another . . . The State filed a motion to admit Appellant’s confession ■ pursuant to section 92.565, Florida Statutes . . . Analysis Section 92.565, Florida Statutes (2005), eliminates the State’s burden of establishing corpus . . .

K. BRADLEY, v. STATE, 918 So. 2d 337 (Fla. Dist. Ct. App. 2005)

. . . We conclude that the confession was properly admitted under section 92.565, Florida Statutes, which creates . . . The trial court overruled this objection and held that the confession was admissible under section 92.565 . . . However, this case is not controlled by the general rule, but rather by section 92.565, Florida Statutes . . . , which is as follows: 92.565. . . . Section 92.565 serves the same general purpose as the corpus delicti rule but it contains a different . . .

GEIGER, v. STATE, 907 So. 2d 668 (Fla. Dist. Ct. App. 2005)

. . . appeal the denial of his motion to dismiss and his motion challenging the constitutionality of section 92.565 . . . We conclude that under section 92.565, the statements would have been inadmissible at trial due to the . . . SECTION 92.565 AND THE EVIDENTIARY HEARING Section 92.565(2) provides that when a defendant is charged . . . Section 92.565(3) addresses the need for corroborating evidence of the trustworthiness of the confession . . . Pursuant to section 92.565, the trial court held an evidentiary hearing to determine the trustworthiness . . .

WILLIAMS, v. STATE, 901 So. 2d 357 (Fla. Dist. Ct. App. 2005)

. . . The parties did not discuss section 92.565, Florida Statutes (2003), which permits a defendant's confession . . . Dionne, 814 So.2d 1087 (Fla. 5th DCA 2002) (holding that section 92.565 applies retroactively to evidence . . . Section, 92.565 is an exception to the rule that before evidence of a defendant’s confession or admission . . . Because section 92.565 was not raised below, we have no occasion to address it here. . . . .

BRUECKMAN, v. STATE, 867 So. 2d 612 (Fla. Dist. Ct. App. 2004)

. . . Stat. (2001), and by admitting his confession under section 92.565, Florida Statutes (2001). . . .

STATE v. HARRINGTON,, 838 So. 2d 1230 (Fla. Dist. Ct. App. 2003)

. . . But, even if those testimonies were insufficient, section 92.565 has eliminated corpus delicti as a predicate . . . While the judge did not hold a separate hearing, the substantive provisions of section 92.565 were clearly . . . prosecution in which the defendant, such as Harrington, is charged with violating section 800.04. § 92.565 . . . Section 92.565, Florida Statutes, provides (1) As used in this section, the term "sexual abuse” means . . .

STATE v. LENA,, 819 So. 2d 919 (Fla. Dist. Ct. App. 2002)

. . . Appellant, the State of Florida, appeals the trial court’s reliance on section 92.565, Florida Statutes . . . to suppress Lena’s statement as to the prior incident was granted by the court pursuant to section 92.565 . . . trial court erred in granting Lena’s motion to exclude a portion of- his statement based upon section 92.565 . . . consider whether the trial court was right for the wrong reason because the judge only considered section 92.565 . . .

B. P. A v. STATE, 815 So. 2d 728 (Fla. Dist. Ct. App. 2002)

. . . Even so, the court recognized that under section 92.565, Florida Statutes, it is no longer necessary . . .

PETERSON, v. STATE, 810 So. 2d 1095 (Fla. Dist. Ct. App. 2002)

. . . Second, Peterson urges that his confession was not admissible under section 92.565, a relatively new . . .

STATE v. DIONNE,, 814 So. 2d 1087 (Fla. Dist. Ct. App. 2002)

. . . The trial court held that application of section 92.565, Florida Statutes (2000), which was enacted after . . . Initially, the trial court denied Dionne’s motion pursuant to section 92.565, Florida Statutes (2000) . . . In order to resolve this issue, we will discuss the provisions of section 92.565, address the general . . . We find that the trustworthiness doctrine under section 92.565 serves the same purpose. . . . See § 92.565(3), Fla. Stat. (2000); Government of Virgin Islands v. . . .

A. CARWISE, v. STATE, 821 So. 2d 308 (Fla. Dist. Ct. App. 2002)

. . . See Sections 92.565 and 560.125(8), Florida Statutes. . . . .