Florida Statute 794.11 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 794
SEXUAL BATTERY

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F.S. 794.011

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) “Female genitals” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.

(c) “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.

(d) “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.

(e) “Offender” means a person accused of a sexual offense in violation of a provision of this chapter.

(f) “Physically helpless” means unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act.

(g) “Physically incapacitated” means bodily impaired or handicapped and substantially limited in ability to resist or flee.

(h) “Retaliation” includes, but is not limited to, threats of future physical punishment, kidnapping, false imprisonment or forcible confinement, or extortion.

(i) “Serious personal injury” means great bodily harm or pain, permanent disability, or permanent disfigurement.

(j) “Sexual battery” means 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; however, sexual battery does not include an act done for a bona fide medical purpose.

(k) “Victim” means a person who has been the object of a sexual offense.

(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 921.1425. In all capital cases under this section, the procedure set forth in s. 921.1425 shall be followed in order to determine a sentence of death or life imprisonment. If the prosecutor intends to seek the death penalty, the prosecutor must give notice to the defendant and file the notice with the court within 45 days after arraignment. The notice must contain a list of the aggravating factors the state intends to prove and has reason to believe it can prove beyond a reasonable doubt. The court may allow the prosecutor to amend the notice upon a showing of good cause.

(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:

(a) Uses or threatens to use a deadly weapon; or

(b) 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) A person 18 years of age or older 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, under any of the circumstances listed in paragraph (e), commits a felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.

(b) A person 18 years of age or older who commits sexual battery upon a person 18 years of age or older without that person’s consent, under any of the circumstances listed in paragraph (e), commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.

(c) A person younger than 18 years of age who commits sexual battery upon a person 12 years of age or older without that person’s consent, under any of the circumstances listed in paragraph (e), commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.

(d) A person commits a felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 if the person commits sexual battery upon a person 12 years of age or older without that person’s consent, under any of the circumstances listed in paragraph (e), and such person was previously convicted of a violation of:

1. Section 787.01(2) or s. 787.02(2) when the violation involved a victim who was a minor and, in the course of committing that violation, the defendant committed against the minor a sexual battery under this chapter or a lewd act under s. 800.04 or s. 847.0135(5);

2. Section 787.01(3)(a)2. or 3.;

3. Section 787.02(3)(a)2. or 3.;

4. Section 800.04;

5. Section 825.1025;

6. Section 847.0135(5); or

7. This chapter, excluding subsection (10) of this section.

(e) The following circumstances apply to paragraphs (a)-(d):

1. The victim is physically helpless to resist.

2. 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.

3. 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.

4. 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 that mentally or physically incapacitates the victim.

5. The victim is mentally defective, and the offender has reason to believe this or has actual knowledge of this fact.

6. The victim is physically incapacitated.

7. The offender is a law enforcement officer, correctional officer, or correctional probation officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), who is certified under 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) A person 18 years of age or older 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, and in the process does not use physical force and violence likely to cause serious personal injury commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.

(b) A person 18 years of age or older who commits sexual battery upon a person 18 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 second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.

(c) A person younger than 18 years of age 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 second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.

(d) A person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 if the person 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 and the person was previously convicted of a violation of:

2. Section 787.01(3)(a)2. or 3.;

3. Section 787.02(3)(a)2. or 3.;

4. Section 800.04;

5. Section 825.1025;

6. Section 847.0135(5); or

7. This chapter, excluding subsection (10) of this section.

(6)(a) The offenses described in paragraphs (5)(a)-(c) are included in any sexual battery offense charged under subsection (3).

(b) The offense described in paragraph (5)(a) is included in an offense charged under paragraph (4)(a).

(d) The offense described in paragraph (5)(c) is included in an offense charged under paragraph (4)(c).

(e) The offense described in paragraph (5)(d) is included in an offense charged under paragraph (4)(d).

(7)(a) 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.

(b) Notwithstanding paragraph (a), for sentences imposed for offenses committed on or after July 1, 2023, a person who is convicted of committing or attempting, soliciting, or conspiring to commit a sexual battery in violation of this section is not eligible for basic gain-time under s. 944.275.

(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 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 younger than 18 years of age which constitutes sexual battery commits a felony of the first degree, punishable by a term of years not exceeding life or 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, 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)(a), paragraph (4)(b), paragraph (4)(c), or paragraph (4)(d) which involves an offense committed under any of the circumstances listed in subparagraph (4)(e)7., 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) A person who falsely accuses a person listed in subparagraph (4)(e)7. or other person in a position of control or authority as an agent or employee of government of violating paragraph (4)(a), paragraph (4)(b), paragraph (4)(c), or paragraph (4)(d) commits 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; s. 3, ch. 2014-4; s. 5, ch. 2016-13; s. 5, ch. 2017-1; s. 4, ch. 2022-165; s. 1, ch. 2023-25; s. 1, ch. 2023-146.

F.S. 794.011 on Google Scholar

F.S. 794.011 on CourtListener

Amendments to 794.011

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 794.011

Level: Degree
Misdemeanor/Felony: First/Second/Third

S794.011 2a - SEX ASSLT - BY 18 YOA OLDER SEX BATTERY VICT UNDER 12 YOA - F: C

S794.011 2b - SEX ASSLT - BY UNDER 18 YOA SEX BATTERY VICTIM UND 12 YOA - F: L

S794.011 3 - SEX ASSLT - W WEAPON OR FORCE SEX BATT VICTIM 12 YOA OLDER - F: L

S794.011 4 - SEX ASSLT - RENUMBERED. SEE REC # 7682 - F: F

S794.011 4a - SEX ASSLT - SEX BAT 12 YR LES 18 YR BY PRSN 18 YR OR OLD - F: F

S794.011 4b - SEX ASSLT - SEX BAT 18 YR OR OLDER BY PRSN 18 YR OR OLD - F: F

S794.011 4c - SEX ASSLT - SEX BAT ON 12 YR OR OLDER BY PRSN LESS 18 YR - F: F

S794.011 4d - SEX ASSLT - SEX BATT ON 12 YR OR OLDER BY PRSN SUBSEQ OFF - F: F

S794.011 5 - SEX ASSLT - RENUMBERED. SEE REC # 7686 - F: S

S794.011 5a - SEX ASSLT - BY 18Y OLDR VIC 12Y UND 18Y NO PHY FORC VIOL - F: F

S794.011 5b - SEX ASSLT - BY 18Y OLDR VIC 18Y OLDR NO PHY FORC VIOL - F: S

S794.011 5c - SEX ASSLT - BY 18Y UNDR VIC 12Y OLDR NO PHY FORC VIOL - F: S

S794.011 5d - SEX ASSLT - SEX BAT VIC 12Y OLDR NO PHY FOR VIOL SUB OFF - F: F

S794.011 8a - SEX ASSLT - SOL SEX BATT ACT BY CUSTODIAN VICT UND 18 YOA - F: T

S794.011 8b - SEX ASSLT - BY CUSTODIAN SEX BATT VICT 12 YOA UNDER 18 YOA - F: F

S794.011 8c - SEX ASSLT - BY 18 YOA OLDR CUSTOD SEX BATT VICT UND 12 YOA - F: C

S794.011 8c - SEX ASSLT - UND 18 YOA CUSTODIAN SEX BATT VICT UND 12 YOA - F: L

S794.011 10 - MAKING FALSE REPORT - ACCUSE LEO OR GOVERNMENT AGENT SEXUAL BATTERY - F: T

Cases Citing Statute 794.011

Total Results: 1000

Rankin v. Evans

133 F.3d 1425, 39 Fed. R. Serv. 3d 1139, 1998 U.S. App. LEXIS 1256, 1998 WL 31750

Court of Appeals for the Eleventh Circuit | Filed: Jan 29, 1998 | Docket: 2036288

Cited 247 times | Published

child under the age of twelve pursuant to Fla. Stat. 794.011(2). He subsequently was released on bond

Pardo v. State

596 So. 2d 665, 1992 WL 56521

Supreme Court of Florida | Filed: Mar 26, 1992 | Docket: 2037855

Cited 191 times | Published

section 3(b)(4) of the Florida Constitution. [2] § 794.011(2), Fla. Stat. (1989). [3] They were the victim's

Ray v. State

403 So. 2d 956

Supreme Court of Florida | Filed: Jul 30, 1981 | Docket: 2012

Cited 191 times | Published

jury. We quash the instant decision. Under section 794.011(5), Florida Statutes (1975),[1] an information

Rankin v. Evans

133 F.3d 1425

Court of Appeals for the Eleventh Circuit | Filed: Jan 29, 1998 | Docket: 422182

Cited 131 times | Published

pursuant 7 to Fla. Stat. 794.011(2). He subsequently was released on bond

Boyd v. State

910 So. 2d 167, 2005 WL 318568

Supreme Court of Florida | Filed: Jun 16, 2005 | Docket: 751955

Cited 112 times | Published

charge was properly denied by the trial court. Section 794.011(3), Florida Statutes (1997), provides in pertinent

Madiwale v. Savaiko

117 F.3d 1321, 1997 U.S. App. LEXIS 19000, 1997 WL 381277

Court of Appeals for the Eleventh Circuit | Filed: Jul 25, 1997 | Docket: 407529

Cited 110 times | Published

sexual battery by multiple perpetrators, and § 794.011(2), which prohibits sexual battery on a child

Madiwale v. Savaiko

117 F.3d 1321, 1997 U.S. App. LEXIS 19000, 1997 WL 381277

Court of Appeals for the Eleventh Circuit | Filed: Jul 25, 1997 | Docket: 407529

Cited 110 times | Published

sexual battery by multiple perpetrators, and § 794.011(2), which prohibits sexual battery on a child

Heuring v. State

513 So. 2d 122, 12 Fla. L. Weekly 486

Supreme Court of Florida | Filed: Sep 24, 1987 | Docket: 1295468

Cited 104 times | Published

IN A PROSECUTION FOR SEXUAL BATTERY UNDER SECTION 794.011(2), FLORIDA STATUTES (1977-1983), WHERE DEATH

Karchesky v. State

591 So. 2d 930, 1992 WL 4876

Supreme Court of Florida | Filed: Jan 16, 1992 | Docket: 1528116

Cited 76 times | Published

second-degree felony, on that child in violation of section 794.011(5), Florida Statutes (1989), he can be sentenced

Standard Jury Instructions-Criminal Cases

603 So. 2d 1175, 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230

Supreme Court of Florida | Filed: Jul 2, 1992 | Docket: 1475854

Cited 75 times | Published

CIRCUMSTANCES SPECIFIED (Amended) F.S. 794.011(4) Before you can find the defendant

Tingle v. State

536 So. 2d 202, 1988 WL 128155

Supreme Court of Florida | Filed: Dec 1, 1988 | Docket: 1755914

Cited 74 times | Published

daughter) under the age of eleven years under section 794.011(2), Florida Statutes (1985). Two motions regarding

Seagrave v. State

802 So. 2d 281, 2001 WL 776269

Supreme Court of Florida | Filed: Jul 12, 2001 | Docket: 1699005

Cited 71 times | Published

contact as provided by section 921.0011. [5] Section 794.011(1)(h), Florida Statutes (1997), the sexual

State v. JM

824 So. 2d 105, 2002 WL 1448825

Supreme Court of Florida | Filed: Jul 3, 2002 | Docket: 1435387

Cited 59 times | Published

adult with sexual battery in violation of section 794.011(2)(b), Florida Statutes (1999).[2]See J.M.

DuBoise v. State

520 So. 2d 260, 1988 WL 9837

Supreme Court of Florida | Filed: Feb 4, 1988 | Docket: 1300074

Cited 59 times | Published

such cases made and provided, to-wit: Florida Statute 794.011(3). In his attempt to sustain the trial

Holton v. State

573 So. 2d 284, 1990 WL 141445

Supreme Court of Florida | Filed: Jan 15, 1991 | Docket: 1518689

Cited 58 times | Published

belief that the use of the word "person" in section 794.011(3), Florida Statutes (1985),[5] contemplates

Lerma v. State

497 So. 2d 736, 11 Fla. L. Weekly 473

Supreme Court of Florida | Filed: Sep 11, 1986 | Docket: 1242855

Cited 58 times | Published

serious personal injury, a second degree felony. § 794.011(5), Fla. Stat. (1983). In exchange for the guilty

Jessie Earl Purvis v. James Crosby

451 F.3d 734, 2006 U.S. App. LEXIS 13844, 2006 WL 1525931

Court of Appeals for the Eleventh Circuit | Filed: Jun 6, 2006 | Docket: 2355412

Cited 50 times | Published

under twelve, in violation of Florida Statute § 794.011(2)(a); (2) sexual activity with a child twelve

Lamont v. State

610 So. 2d 435, 1992 WL 381740

Supreme Court of Florida | Filed: Dec 24, 1992 | Docket: 1734783

Cited 50 times | Published

with a firearm, a life felony pursuant to section 794.011(3), Florida Statutes (1989); burglary of an

State v. Rife

789 So. 2d 288, 2001 WL 359697

Supreme Court of Florida | Filed: Apr 12, 2001 | Docket: 1325986

Cited 48 times | Published

three counts of sexual battery in violation of section 794.011(8)(b), Florida Statutes (1997), which provides:

United States v. Edwin DeShazior

882 F.3d 1352

Court of Appeals for the Eleventh Circuit | Filed: Feb 20, 2018 | Docket: 6310108

Cited 42 times | Published

conviction for sexual battery ( Fla. Stat. § 794.011 (3) (1989) ); (ii) a 1989 conviction for

Taylor v. State

818 So. 2d 544, 2002 WL 80256

District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 1652812

Cited 41 times | Published

Florida Statutes (1999), and section 8 amends section 794.011, Florida Statutes (1997), to conform to the

United States v. Harris

608 F.3d 1222, 2010 WL 2382401

Court of Appeals for the Eleventh Circuit | Filed: Jun 16, 2010 | Docket: 1544443

Cited 40 times | Published

version of the statute also provided that "[u]nder § 794.011(1)(h), `Sexual battery means oral, anal, or vaginal

Adaway v. State

902 So. 2d 746, 2005 WL 609677

Supreme Court of Florida | Filed: Mar 17, 2005 | Docket: 1257079

Cited 39 times | Published

battery on a child under twelve in violation of section 794.011(2), Florida Statutes (1999), and with lewd

State v. Partlow

840 So. 2d 1040, 2003 WL 359316

Supreme Court of Florida | Filed: Feb 20, 2003 | Docket: 1748307

Cited 38 times | Published

person within his familial or custodial authority (§ 794.011(8), Fla. Stat. (1997)) and one count of indecent

Budd v. State

477 So. 2d 52, 10 Fla. L. Weekly 2407

District Court of Appeal of Florida | Filed: Oct 23, 1985 | Docket: 1320317

Cited 36 times | Published

However, the information tracked the language of section 794.011(2), Florida Statutes (1983), and sufficiently

Khianthalat v. State

974 So. 2d 359, 2008 WL 150610

Supreme Court of Florida | Filed: Jan 17, 2008 | Docket: 1367468

Cited 35 times | Published

twelve cannot consent to sexual activity under section 794.011, Florida Statutes (2002). The Second District

Tolbert Dickson v. Louie L. Wainwright

683 F.2d 348, 1982 U.S. App. LEXIS 16593

Court of Appeals for the Eleventh Circuit | Filed: Aug 16, 1982 | Docket: 768529

Cited 35 times | Published

sexual battery in violation of Florida Statutes § 794.011(3) 1 and sentenced to thirty years

Thomas v. State

894 So. 2d 126, 29 Fla. L. Weekly Fed. S 708

Supreme Court of Florida | Filed: Nov 18, 2004 | Docket: 1767876

Cited 32 times | Published

of acquittal for the sexual battery charge. Section 794.011(3), Florida Statutes (1997), provides in pertinent

State v. Carpenter

417 So. 2d 986

Supreme Court of Florida | Filed: Jul 29, 1982 | Docket: 1383580

Cited 32 times | Published

said: It is also not "lesser" because both section 794.011(5) and section 800.04 are second-degree felonies

Partch v. State

43 So. 3d 758, 2010 Fla. App. LEXIS 10529, 2010 WL 2813567

District Court of Appeal of Florida | Filed: Jul 20, 2010 | Docket: 2401035

Cited 31 times | Published

cause serious personal injury, in violation of Section 794.011(5), Florida Statutes. . . . . COUNT 3: [Appellant]

Williams v. State

957 So. 2d 595, 2007 WL 1362811

Supreme Court of Florida | Filed: May 10, 2007 | Docket: 1679198

Cited 31 times | Published

crime of sexual battery charged pursuant to section 794.011(3), Florida Statutes (2002)? Williams v. State

State v. Hightower

509 So. 2d 1078, 12 Fla. L. Weekly 424

Supreme Court of Florida | Filed: Apr 2, 1987 | Docket: 1362373

Cited 30 times | Published

battery of a six-year-old child, pursuant to section 794.011(2), Florida Statutes (1983). Over the defendant's

State v. Rawls

649 So. 2d 1350, 1994 WL 585668

Supreme Court of Florida | Filed: Oct 27, 1994 | Docket: 1320673

Cited 29 times | Published

DCA 1986), the defendant was charged under section 794.011(4)(e), Florida Statutes (1983), with committing

Gould v. State

577 So. 2d 1302, 1991 WL 36680

Supreme Court of Florida | Filed: Mar 21, 1991 | Docket: 1160361

Cited 28 times | Published

a victim physically helpless to resist. *1304 § 794.011(4)(a), Fla. Stat. (1985).[3] The charges stemmed

State v. Meshell

2 So. 3d 132, 34 Fla. L. Weekly Supp. 41, 2009 Fla. LEXIS 250, 2009 WL 137514

Supreme Court of Florida | Filed: Jan 22, 2009 | Docket: 1643650

Cited 27 times | Published

relating to the analogous sexual battery statute, section 794.011, Florida Statutes (2006). Meshell, 980 So.2d

Dautel v. State

658 So. 2d 88, 1995 WL 424183

Supreme Court of Florida | Filed: Jul 20, 1995 | Docket: 1525053

Cited 27 times | Published

battery, which is a second-degree felony under section 794.011(4), Florida Statutes (1991). However, when

Rusaw v. State

451 So. 2d 469

Supreme Court of Florida | Filed: May 24, 1984 | Docket: 1741154

Cited 27 times | Published

possibility of parole for twenty-five years. § 794.011(2), Fla. Stat. (1981); § 775.082(1), Fla. Stat

Price v. State

995 So. 2d 401, 2008 WL 4489278

Supreme Court of Florida | Filed: Oct 8, 2008 | Docket: 1685001

Cited 26 times | Published

which charged him with one count of violating section 794.011(4)(f), Florida Statutes (2000), sexual battery

Thomas E. Taylor v. United States

396 F.3d 1322, 2005 U.S. App. LEXIS 976, 2005 WL 100731

Court of Appeals for the Eleventh Circuit | Filed: Jan 19, 2005 | Docket: 925505

Cited 26 times | Published

*1326 in violation of Fla. Stat. Ann. § 794.011(8)(a). The INS initiated removal proceedings.

IT v. State

694 So. 2d 720, 1997 WL 228417

Supreme Court of Florida | Filed: May 8, 1997 | Docket: 1450130

Cited 26 times | Published

ofamong other thingssexual battery under section 794.011(4)(a), Florida Statutes (1985). The Second

Hufham v. State

400 So. 2d 133

District Court of Appeal of Florida | Filed: Jun 17, 1981 | Docket: 1262671

Cited 26 times | Published

time of the offense here. On October 1, 1974, section 794.011, Florida Statutes, went into effect, describing

Saavedra v. State

576 So. 2d 953, 1990 WL 175055

District Court of Appeal of Florida | Filed: Apr 4, 1991 | Docket: 1669811

Cited 25 times | Published

penetration of another by any other object." § 794.011(1)(g) Fla. Stat. (1987).[2] Sexual battery of

State v. Griffith

561 So. 2d 528, 1990 WL 40363

Supreme Court of Florida | Filed: Mar 29, 1990 | Docket: 2516835

Cited 25 times | Published

later decided to seek the death penalty.[1]See § 794.011(2), Fla. Stat. (1981). Because *530 Buford v.

Casteel v. State

481 So. 2d 72, 11 Fla. L. Weekly 128

District Court of Appeal of Florida | Filed: Jan 3, 1986 | Docket: 549121

Cited 24 times | Published

stated in the majority opinion. NOTES [1] Section 794.011(3), Florida Statutes, Sexual Battery: A person

Caylor v. State

78 So. 3d 482, 36 Fla. L. Weekly Supp. 615, 2011 Fla. LEXIS 2572, 2011 WL 5082614

Supreme Court of Florida | Filed: Oct 27, 2011 | Docket: 60305071

Cited 23 times | Published

sexual battery involving great physical force. Section 794.011(3), Florida Statutes (2008), requires the State

Baugh v. State

961 So. 2d 198, 2007 WL 1215130

Supreme Court of Florida | Filed: Apr 26, 2007 | Docket: 365401

Cited 23 times | Published

capital felony sexual battery pursuant to section 794.011(2)(a), Florida Statutes (2001). The elements

Wright v. State

739 So. 2d 1230, 1999 WL 594179

District Court of Appeal of Florida | Filed: Aug 10, 1999 | Docket: 1294053

Cited 23 times | Published

or on the victim's vagina, in violation of section 794.011(4), Florida Statutes (1997) (Count One); and

Gibson v. State

721 So. 2d 363, 1998 WL 746011

District Court of Appeal of Florida | Filed: Oct 28, 1998 | Docket: 345105

Cited 23 times | Published

penetration of another by any other object." § 794.011(f), Fla. Stat. (Supp.1974). This is the same definition

Yesnes v. State

440 So. 2d 628

District Court of Appeal of Florida | Filed: Nov 16, 1983 | Docket: 1429949

Cited 23 times | Published

over the age of eleven years, in violation of Section 794.011(4)(c), Florida Statutes. In Case No. 81-5236

Franklin v. State

887 So. 2d 1063, 2004 WL 2197021

Supreme Court of Florida | Filed: Sep 30, 2004 | Docket: 308391

Cited 21 times | Published

for persons who qualify. Section 8: amends section 794.011, wherein the crime "sexual battery" is defined

Coleman v. State

485 So. 2d 1342, 11 Fla. L. Weekly 723

District Court of Appeal of Florida | Filed: Mar 26, 1986 | Docket: 1276445

Cited 21 times | Published

. [the victim] to submit, in violation of Section 794.011(4)(e), Florida Statutes... ." Appellant argues

Coleman v. State

485 So. 2d 1342, 11 Fla. L. Weekly 723

District Court of Appeal of Florida | Filed: Mar 26, 1986 | Docket: 1276445

Cited 21 times | Published

. [the victim] to submit, in violation of Section 794.011(4)(e), Florida Statutes... ." Appellant argues

Begley v. State

483 So. 2d 70, 11 Fla. L. Weekly 321

District Court of Appeal of Florida | Filed: Feb 5, 1986 | Docket: 1511980

Cited 21 times | Published

manipulation of the anus, in violation of section 794.011(2) of the Florida Statutes. A jury convicted

Mordica v. State

618 So. 2d 301, 1993 WL 136089

District Court of Appeal of Florida | Filed: May 3, 1993 | Docket: 1376242

Cited 20 times | Published

sexual battery with a deadly weapon under section 794.011(3) necessarily determined the essential statutory

Mordica v. State

618 So. 2d 301, 1993 WL 136089

District Court of Appeal of Florida | Filed: May 3, 1993 | Docket: 1376242

Cited 20 times | Published

sexual battery with a deadly weapon under section 794.011(3) necessarily determined the essential statutory

Morris v. State

605 So. 2d 511, 1992 WL 213150

District Court of Appeal of Florida | Filed: Sep 4, 1992 | Docket: 1702355

Cited 20 times | Published

charges, sexual battery upon a child under twelve. § 794.011(2), Fla. Stat. (1991). For each of three counts

State v. Boatwright

559 So. 2d 210, 1990 WL 32483

Supreme Court of Florida | Filed: Mar 22, 1990 | Docket: 1524388

Cited 20 times | Published

intent. Ch. 88-131, § 7, Laws of Fla. [4] Section 794.011(2), Florida Statutes (1985), provides: (2)

Purdy v. State

343 So. 2d 4

Supreme Court of Florida | Filed: Feb 3, 1977 | Docket: 235387

Cited 20 times | Published

years of age, a capital offense pursuant to Section 794.011(2), Florida Statutes (Supp. 1974). The jury

Lucas v. State

335 So. 2d 566

District Court of Appeal of Florida | Filed: Jun 29, 1976 | Docket: 1306358

Cited 20 times | Published

not likely to cause serious personal injury. (F.S. 794.011(5)) His main arguments on appeal are that his

State v. Anderson

695 So. 2d 309, 1997 WL 280058

Supreme Court of Florida | Filed: May 29, 1997 | Docket: 43467

Cited 19 times | Published

physically incapacitated victim, in violation of section 794.011(4)(f), Florida Statutes (1991), and sexual

State v. Griffith

675 So. 2d 911, 1996 WL 316128

Supreme Court of Florida | Filed: Jun 13, 1996 | Docket: 1323243

Cited 19 times | Published

life felony punishable by life imprisonment. § 794.011(2), Fla. Stat. (1983). [2] Effective January

State v. Sorakrai

543 So. 2d 294, 1989 WL 41177

District Court of Appeal of Florida | Filed: Apr 26, 1989 | Docket: 1437828

Cited 19 times | Published

the definition of sexual battery found in section 794.011(1)(h) which, in relevant part, states that:

Randolph v. State

562 So. 2d 331, 1990 WL 59660

Supreme Court of Florida | Filed: May 3, 1990 | Docket: 1256362

Cited 18 times | Published

for the death penalty. [6] § 794.011(3), Fla. Stat. (1987). [7] § 794.011(4)(a), Fla. Stat. (1987).

Tingley v. State

549 So. 2d 649, 1989 WL 106353

Supreme Court of Florida | Filed: Sep 14, 1989 | Docket: 1719872

Cited 18 times | Published

of a minor, contrary to the provisions of section 794.011(2), Florida Statutes (1983). The indictment

Johnson v. State

478 So. 2d 885, 10 Fla. L. Weekly 2618

District Court of Appeal of Florida | Filed: Nov 26, 1985 | Docket: 1741520

Cited 18 times | Published

eleven years of age or younger as required by Section 794.011(2), Florida Statutes (1983). Specifically,

State v. Green

421 So. 2d 508

Supreme Court of Florida | Filed: Oct 28, 1982 | Docket: 1372539

Cited 18 times | Published

NOTES [1] § 810.02, Fla. Stat. (1979). [2] § 794.011(3), Fla. Stat. (1979).

Glover v. State

863 So. 2d 236, 2003 WL 22250405

Supreme Court of Florida | Filed: Oct 2, 2003 | Docket: 1431750

Cited 17 times | Published

charged with capital sexual battery under section 794.011(2)(a), Florida Statutes (1999). In the information

Welsh v. State

850 So. 2d 467, 2003 WL 21355197

Supreme Court of Florida | Filed: Jun 12, 2003 | Docket: 1783361

Cited 17 times | Published

capital sexual battery[1] as set forth in section 794.011(2)(a), Florida Statutes (1997). We have jurisdiction

D'Ambrosio v. State

736 So. 2d 44, 1999 WL 350597

District Court of Appeal of Florida | Filed: May 28, 1999 | Docket: 1431904

Cited 17 times | Published

and her age he was sentenced to life in prison. § 794.011(2)(a), Fla.Stat. (1997). We most reluctantly reverse

Stone v. State

547 So. 2d 657, 1989 WL 55294

District Court of Appeal of Florida | Filed: May 26, 1989 | Docket: 1738852

Cited 17 times | Published

union with the sexual organ of another...." § 794.011(1)(h), Fla. Stat. (1985). In this case, union

Smith v. Singletary

170 F.3d 1051, 1999 U.S. App. LEXIS 5046, 1999 WL 162461

Court of Appeals for the Eleventh Circuit | Filed: Mar 25, 1999 | Docket: 395149

Cited 16 times | Published

Stat. § 806.01 (defining arson); Fla. Stat. § 794.011 (defining sexual battery); Fla. Stat. § 812.13

Cumbie v. State

597 So. 2d 946, 1992 WL 85087

District Court of Appeal of Florida | Filed: Apr 30, 1992 | Docket: 1350967

Cited 16 times | Published

includes under "offense statute number(s)" only Section 794.011(2), Florida Statutes (1987) (capital sexual

Bloodworth v. State

504 So. 2d 495, 12 Fla. L. Weekly 838

District Court of Appeal of Florida | Filed: Mar 24, 1987 | Docket: 453568

Cited 16 times | Published

battery with the use of a deadly weapon under Section 794.011(3), Florida Statutes, and sentenced to life

Coleman v. State

484 So. 2d 624, 11 Fla. L. Weekly 550

District Court of Appeal of Florida | Filed: Mar 3, 1986 | Docket: 1343893

Cited 16 times | Published

D.'s mouth with his penis, in violation of section 794.011(2), Florida Statutes (1983). On February 5

Brown v. State

428 So. 2d 369

District Court of Appeal of Florida | Filed: Mar 23, 1983 | Docket: 1720116

Cited 16 times | Published

a charge of sexual battery in violation of section 794.011(3), Florida Statutes (1979), appellant was

Monarca v. State

412 So. 2d 443

District Court of Appeal of Florida | Filed: Apr 14, 1982 | Docket: 528845

Cited 16 times | Published

810.02, Fla. Stat. (1979)) and sexual battery (§ 794.011, Fla. Stat. (1979)). Pursuant to guilty verdicts

Banks v. State

342 So. 2d 469

Supreme Court of Florida | Filed: Nov 12, 1976 | Docket: 43775

Cited 16 times | Published

sexual organ of the young boy contrary to Section 794.011(2), Florida Statutes. After jury trial resulted

State v. Subido

925 So. 2d 1052, 2006 WL 504938

District Court of Appeal of Florida | Filed: Mar 3, 2006 | Docket: 471798

Cited 15 times | Published

crime was sexual battery, precisely defined in section 794.011. Id. It is difficult to understand how Subido's

Staffney v. State

826 So. 2d 509, 2002 WL 31114965

District Court of Appeal of Florida | Filed: Sep 25, 2002 | Docket: 1197851

Cited 15 times | Published

Staffney was charged with sexual battery under section 794.011(5), Florida Statutes (2001), which defines

Richards v. State

738 So. 2d 415, 1999 WL 445705

District Court of Appeal of Florida | Filed: Jul 2, 1999 | Docket: 1752377

Cited 15 times | Published

less than twelve years of age in violation of section 794.011(2), Florida Statutes (1991). Oddly, the information

Johnson v. Brooks

567 So. 2d 34, 1990 WL 136861

District Court of Appeal of Florida | Filed: Sep 21, 1990 | Docket: 1443376

Cited 15 times | Published

involves "oral, anal, or vaginal penetration." § 794.011(1)(h), Fla. Stat. (1989). Moreover, there was

Fuller v. State

540 So. 2d 182, 1989 WL 22563

District Court of Appeal of Florida | Filed: Mar 16, 1989 | Docket: 1294385

Cited 15 times | Published

SHARP, C.J., and DAUKSCH, J., concur. NOTES [1] § 794.011(2), Fla. Stat. (1987). [2] § 800.04(1), Fla.

In Re Standard Jury Instruct. in Criminal Cases No. 2008-04

995 So. 2d 476, 33 Fla. L. Weekly Supp. 864, 2008 Fla. LEXIS 2049, 2008 WL 4736377

Supreme Court of Florida | Filed: Oct 30, 2008 | Docket: 1285660

Cited 14 times | Published

VICTIM 12 YEARS OF AGE OR OLDER GREAT FORCE § 794.011(3), Fla. Stat. To prove the crime of Sexual Battery

Insko v. State

969 So. 2d 992, 2007 WL 2727127

Supreme Court of Florida | Filed: Sep 20, 2007 | Docket: 1404133

Cited 14 times | Published

an act done for a bona fide medical purpose." § 794.011(1)(h), Fla. Stat. (1999). The statute then declared

Behl v. State

898 So. 2d 217, 2005 WL 596984

District Court of Appeal of Florida | Filed: Mar 16, 2005 | Docket: 1732372

Cited 14 times | Published

"union" and "penetration" are distinct concepts. § 794.011(1)(h), Fla. Stat. (1997) (setting forth definition

Hess v. State

794 So. 2d 1249, 2001 WL 521307

Supreme Court of Florida | Filed: May 17, 2001 | Docket: 1737900

Cited 14 times | Published

sexual activity with a child were predicated on section 794.011(8)(b), Florida Statutes (1993), of the sexual

Matthews v. State

736 So. 2d 72, 1999 WL 371248

District Court of Appeal of Florida | Filed: Jun 9, 1999 | Docket: 1423715

Cited 14 times | Published

on a person less than 12 years of age under section 794.011(2), Florida Statutes (1994). She pled no contest

Jones v. State

619 So. 2d 418, 1993 WL 186548

District Court of Appeal of Florida | Filed: Jun 4, 1993 | Docket: 307734

Cited 14 times | Published

sexual battery statute was passed in 1975.[4] Section 794.011 makes it a felony of varying degrees of seriousness

McCloud v. State

803 So. 2d 821, 2001 WL 1658281

District Court of Appeal of Florida | Filed: Dec 28, 2001 | Docket: 1784837

Cited 13 times | Published

defendant is charged with sexual battery under section 794.011. I read Apprendi's remand more broadly than

Sanders v. State

698 So. 2d 377, 1997 WL 525171

District Court of Appeal of Florida | Filed: Aug 26, 1997 | Docket: 1661109

Cited 13 times | Published

trial court for sexual battery in violation of section 794.011(5), Florida Statutes (1995), one of four crimes

Doe v. Dorsey

683 So. 2d 614, 1996 WL 672986

District Court of Appeal of Florida | Filed: Nov 22, 1996 | Docket: 279200

Cited 13 times | Published

person. Although consent is not absolute, section 794.011 makes it clear that the legislature intended

Jackson v. State

640 So. 2d 1173, 19 Fla. L. Weekly Fed. D 1573

District Court of Appeal of Florida | Filed: Jul 20, 1994 | Docket: 1371918

Cited 13 times | Published

convicted of one count of sexual battery under section 794.011(3), Florida Statutes (1989). He was sentenced

Gould v. State

558 So. 2d 481, 1990 WL 27935

District Court of Appeal of Florida | Filed: Mar 14, 1990 | Docket: 1407743

Cited 13 times | Published

statutory definition of "physically helpless." See § 794.011(1)(e), Fla. Stat. (1985). Tracy was bound, but

Duke v. State

444 So. 2d 492

District Court of Appeal of Florida | Filed: Jan 11, 1984 | Docket: 1510701

Cited 13 times | Published

two counts of attempted sexual battery under section 794.011(2), Florida Statutes (1981). A review of the

United States v. Darrell Mark Babcock

924 F.3d 1180

Court of Appeals for the Eleventh Circuit | Filed: May 24, 2019 | Docket: 15672362

Cited 12 times | Published

activity with certain minors"); id. § 794.011(4)(a) ("Sexual battery"). Accordingly, we hold

Brown v. State

11 So. 3d 428, 2009 Fla. App. LEXIS 5871, 2009 WL 1424047

District Court of Appeal of Florida | Filed: May 22, 2009 | Docket: 1656842

Cited 12 times | Published

under the age of twelve years, violations of section 794.011(2)(a), Florida Statutes.[1]*430 The sole issue

Blocker v. State

968 So. 2d 686, 2007 WL 3400885

District Court of Appeal of Florida | Filed: Nov 16, 2007 | Docket: 1745425

Cited 12 times | Published

See § 810.02(2), Fla. Stat. (1987). [3] See § 794.011(3), Fla. Stat. (1987). [4] See § 810.02(3). [5]

Toussaint v. State

755 So. 2d 170, 2000 WL 275857

District Court of Appeal of Florida | Filed: Mar 15, 2000 | Docket: 2560950

Cited 12 times | Published

than twelve years of age ..., contrary to Florida Statute 794.011(2)(b)." (Emphasis added). At trial, the

Mathis v. State

682 So. 2d 175, 1996 WL 570217

District Court of Appeal of Florida | Filed: Oct 8, 1996 | Docket: 1276403

Cited 12 times | Published

"mentally defective," as that term is defined in section 794.011(1)(b), Florida Statutes (1993). At trial, the

Gibbs v. State

623 So. 2d 551, 1993 WL 302680

District Court of Appeal of Florida | Filed: Aug 11, 1993 | Docket: 1658483

Cited 12 times | Published

remand for resentencing in accordance herewith. Section 794.011(4)(b), Florida Statutes (1989), provides: (4)

Luis Yordan, 094439 v. Richard L. Dugger, Secretary of Florida Department of Corrections, Robert Butterworth, Attorney General, State of Florida

909 F.2d 474, 1990 U.S. App. LEXIS 14364, 1990 WL 110115

Court of Appeals for the Eleventh Circuit | Filed: Aug 21, 1990 | Docket: 509355

Cited 12 times | Published

twelve years of age. See Fla.Stat. Ann. § 794.011(2). Florida law provides in relevant part that

Jesus v. State

565 So. 2d 1361, 1990 WL 91917

District Court of Appeal of Florida | Filed: Jul 5, 1990 | Docket: 1403527

Cited 12 times | Published

statement in establishing his age for purposes of section 794.011(2), Florida Statutes[1] and, accordingly, that

Dorch v. State

458 So. 2d 357

District Court of Appeal of Florida | Filed: Oct 18, 1984 | Docket: 1452800

Cited 12 times | Published

following his conviction of sexual battery, Section 794.011(2), Florida Statutes, and lewd, lascivious

Bass v. State

380 So. 2d 1181

District Court of Appeal of Florida | Filed: Mar 12, 1980 | Docket: 1725606

Cited 12 times | Published

defendant was charged under a single statute, Section 794.011(4)(b). Williams v. State, 349 So.2d 800, (Fla

Docekal v. State

929 So. 2d 1139, 2006 WL 1501082

District Court of Appeal of Florida | Filed: Jun 2, 2006 | Docket: 1726891

Cited 11 times | Published

should be affirmed. NOTES [1] § 794.011(4)(a), Fla. Stat. (2003). [2] § 794.011(5). [3] Lying in an embrace

Karwoski v. State

867 So. 2d 486, 2004 WL 330877

District Court of Appeal of Florida | Filed: Feb 18, 2004 | Docket: 1386359

Cited 11 times | Published

individual criminal provisions. For example, section 794.011(2)(a) refers to sexual battery by a person

McLean v. State

854 So. 2d 796, 2003 WL 22056269

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 1459831

Cited 11 times | Published

Williams v. State, 110 So.2d 654 (Fla. 1959). [2] § 794.011(2)(a), Fla. Stat. (2000). [3] § 800.04(5), Fla

Fulcher v. State

766 So. 2d 243, 2000 WL 121796

District Court of Appeal of Florida | Filed: Feb 2, 2000 | Docket: 1697890

Cited 11 times | Published

specifically referenced section 794.011(3), Florida Statutes. By referencing section 794.011(3), which specifically

Orsi v. State

515 So. 2d 268, 12 Fla. L. Weekly 2397

District Court of Appeal of Florida | Filed: Oct 9, 1987 | Docket: 68974

Cited 11 times | Published

charged with sexual battery, a capital felony. § 794.011(2), Fla. Stat. (1987). Rather than face the possibility

Caulder v. State

500 So. 2d 1362, 12 Fla. L. Weekly 86

District Court of Appeal of Florida | Filed: Dec 24, 1986 | Docket: 1689620

Cited 11 times | Published

Category I lesser offense to sexual battery under section 794.011(2). The failure to instruct on a necessarily

Watson v. State

504 So. 2d 1267, 11 Fla. L. Weekly 2504

District Court of Appeal of Florida | Filed: Dec 2, 1986 | Docket: 1511204

Cited 11 times | Published

the crime of sexual assault as defined in Section 794.011(3), Florida Statutes (1983). Accordingly, we

Lanier v. State

443 So. 2d 178

District Court of Appeal of Florida | Filed: Dec 13, 1983 | Docket: 1459043

Cited 11 times | Published

in Section 800.04, is elsewhere defined in Section 794.011(1)(f), Florida Statutes (1981), as "oral, anal

Hodges v. State

386 So. 2d 888

District Court of Appeal of Florida | Filed: Aug 19, 1980 | Docket: 476990

Cited 11 times | Published

to cause personal injury, as proscribed by Section 794.011(5), Florida Statutes (1978). We find no error

Corona v. State

64 So. 3d 1232, 36 Fla. L. Weekly Supp. 247, 2011 Fla. LEXIS 1283, 2011 WL 2224777

Supreme Court of Florida | Filed: Jun 9, 2011 | Docket: 1443275

Cited 10 times | Published

Corona was charged under section 794.011(2), Florida Statutes (2000). Section 794.011(2)(a) provides that

Swain v. State

911 So. 2d 140, 2005 WL 1398472

District Court of Appeal of Florida | Filed: Jun 15, 2005 | Docket: 1751870

Cited 10 times | Published

for a term of years not less than 30 years. See § 794.011(3), Fla. Stat. (Supp.1974); § 775.082(3)(a), Fla

Beber v. State

887 So. 2d 1248, 2004 WL 2534277

Supreme Court of Florida | Filed: Nov 10, 2004 | Docket: 466584

Cited 10 times | Published

less than twelve years of age, as provided in section 794.011(2)(a), Florida Statutes.[5] The information

Houston v. State

852 So. 2d 425, 2003 WL 21990412

District Court of Appeal of Florida | Filed: Aug 22, 2003 | Docket: 1711005

Cited 10 times | Published

on coercion of the victim in violation of section 794.011(4)(b), Florida Statutes (2000). He was adjudged

State v. Dionne

814 So. 2d 1087, 2002 WL 396766

District Court of Appeal of Florida | Filed: Mar 15, 2002 | Docket: 418984

Cited 10 times | Published

twelve years of age or older, in violation of section 794.011(5), Florida Statutes (2000). The incident was

State v. Dionne

814 So. 2d 1087, 2002 WL 396766

District Court of Appeal of Florida | Filed: Mar 15, 2002 | Docket: 418984

Cited 10 times | Published

twelve years of age or older, in violation of section 794.011(5), Florida Statutes (2000). The incident was

Traylor v. State

785 So. 2d 1179, 2000 WL 701060

Supreme Court of Florida | Filed: Jun 1, 2000 | Docket: 450135

Cited 10 times | Published

QUINCE, J., concurs in result only. NOTES [1] See § 794.011(3), Fla. Stat. (1987). [2] Section 782.04(1)

State v. Duke

709 So. 2d 580, 1998 WL 135080

District Court of Appeal of Florida | Filed: Mar 27, 1998 | Docket: 1279337

Cited 10 times | Published

800.04(3); 777.04, Florida Statutes (1995). Section 794.011(1)(h) provides: `Sexual battery' means oral

Kirby v. State

625 So. 2d 51, 1993 WL 365851

District Court of Appeal of Florida | Filed: Sep 21, 1993 | Docket: 1517534

Cited 10 times | Published

object into the victim's vagina. We disagree. Section 794.011, Florida Statutes (1989), the sexual battery

Keller v. State

586 So. 2d 1258, 1991 WL 191586

District Court of Appeal of Florida | Filed: Sep 26, 1991 | Docket: 1487548

Cited 10 times | Published

imprisonment. COWART and HARRIS, JJ., concur. NOTES [1] § 794.011(5), Fla. Stat. (1987). [2] § 787.02(1)(a), Fla

Francis v. State

512 So. 2d 280, 12 Fla. L. Weekly 2140

District Court of Appeal of Florida | Filed: Sep 4, 1987 | Docket: 1517304

Cited 10 times | Published

of capital sexual battery in violation of section 794.011(2), Florida Statutes (1983). According to the

Wicker v. State

462 So. 2d 461

Supreme Court of Florida | Filed: Jan 10, 1985 | Docket: 1509999

Cited 10 times | Published

Statutes (1981)); involuntary sexual battery (section 794.011(3), Florida Statutes (1981)); and robbery (section

Williams v. State

454 So. 2d 751

District Court of Appeal of Florida | Filed: Aug 23, 1984 | Docket: 444380

Cited 10 times | Published

degree felony of sexual battery pursuant to Section 794.011(5), Florida Statutes (1983). On 18 October

Hodges v. State

403 So. 2d 1375

District Court of Appeal of Florida | Filed: Sep 30, 1981 | Docket: 1672632

Cited 10 times | Published

sexual acts described as "sexual battery" in section 794.011(1)(f), Florida Statutes (1979), but which are

Sanders v. State

905 So. 2d 271, 2005 WL 1539705

District Court of Appeal of Florida | Filed: Jul 1, 2005 | Docket: 57321

Cited 9 times | Published

Sanders was charged with sexual battery under section 794.011, Florida Statutes (2001), and the information

Barber v. State

901 So. 2d 364, 2005 WL 1047287

District Court of Appeal of Florida | Filed: May 6, 2005 | Docket: 1666240

Cited 9 times | Published

See § 794.05(1), Fla. Stat. (2003). [2] See § 794.011(4)(e), Fla. Stat. (2003). [3] Quarterman v. State

Bruno v. State

837 So. 2d 521, 28 Fla. L. Weekly Fed. D 422

District Court of Appeal of Florida | Filed: Feb 6, 2003 | Docket: 537894

Cited 9 times | Published

event of a conviction for sexual battery under section 794.011, Florida Statutes (1997), which was not charged

Reyes v. State

709 So. 2d 181, 1998 WL 150468

District Court of Appeal of Florida | Filed: Apr 3, 1998 | Docket: 1681982

Cited 9 times | Published

physical injury. The term sexual battery in section 794.011 is defined as follows: (h) "Sexual battery"

Nurse v. State

658 So. 2d 1074, 20 Fla. L. Weekly Fed. D 1555

District Court of Appeal of Florida | Filed: Jul 5, 1995 | Docket: 439639

Cited 9 times | Published

battery on a person over the age of eleven under Section 794.011(5), Florida Statutes (1975). The Court reached

Velazquez v. State

648 So. 2d 302, 1995 WL 3017

District Court of Appeal of Florida | Filed: Jan 6, 1995 | Docket: 1701768

Cited 9 times | Published

County and State, did, in violation of Florida Statute 794.011(2), commit a sexual battery upon [the victim]

King v. State

642 So. 2d 649, 1994 WL 502300

District Court of Appeal of Florida | Filed: Sep 16, 1994 | Docket: 549700

Cited 9 times | Published

of capital sexual battery, a violation of section 794.011(2)(a), Florida Statutes (1991). The evidence

Shaara v. State

581 So. 2d 1339, 1991 WL 75540

District Court of Appeal of Florida | Filed: Jul 18, 1991 | Docket: 2549515

Cited 9 times | Published

a deadly weapon, an offense proscribed by section 794.011(3), Florida Statutes, rather than the offense

Wallis v. State

548 So. 2d 808, 1989 WL 101584

District Court of Appeal of Florida | Filed: Sep 7, 1989 | Docket: 1699055

Cited 9 times | Published

of age (his stepdaughter M) in violation of section 794.011(2), Florida Statutes; in a second information

Perez v. State

545 So. 2d 1357, 1989 WL 73141

Supreme Court of Florida | Filed: Jun 29, 1989 | Docket: 1345086

Cited 9 times | Published

1, 1975 and June 1, 1976, in violation of section 794.011(2), Florida Statutes (Supp. 1974 and 1975)

State v. Rider

449 So. 2d 903

District Court of Appeal of Florida | Filed: Apr 17, 1984 | Docket: 1695917

Cited 9 times | Published

whether one spouse may be prosecuted under section 794.011(3) and (5), Florida Statutes (1981), for sexual

Gillespie v. State

440 So. 2d 8

District Court of Appeal of Florida | Filed: Oct 19, 1983 | Docket: 1429998

Cited 9 times | Published

threatening to use a deadly weapon in violation of § 794.011(3), Fla. Stat. (1981). We affirm. Of the seven

State v. Smith

401 So. 2d 1126

District Court of Appeal of Florida | Filed: Jul 1, 1981 | Docket: 1289700

Cited 9 times | Published

common law interspousal exception applicable to section 794.011(5), Florida Statutes (1979), thereby precluding

Robinson v. State

393 So. 2d 33

District Court of Appeal of Florida | Filed: Jan 16, 1981 | Docket: 1372104

Cited 9 times | Published

Stat. (1977), sexual battery in violation of Section 794.011(3), Fla. Stat. (1977), and use of a firearm

Smith v. State

365 So. 2d 405

District Court of Appeal of Florida | Filed: Dec 5, 1978 | Docket: 1691847

Cited 9 times | Published

battery with the use of threats or force under Section 794.011(4)(b), Florida Statutes (1975), is thirty years

Pendleton v. State

348 So. 2d 1206

District Court of Appeal of Florida | Filed: Jul 22, 1977 | Docket: 1760883

Cited 9 times | Published

the crime of sexual battery pursuant to Florida Statute 794.011(4)(b). In the first trial of this cause

Boland v. State

893 So. 2d 683, 2005 WL 382895

District Court of Appeal of Florida | Filed: Feb 18, 2005 | Docket: 1720625

Cited 8 times | Published

would have been guilty of capital felonies. See § 794.011(2)(a), Fla. Stat. (2002). The deputy treated the

Sandoval v. State

884 So. 2d 214, 2004 WL 1698062

District Court of Appeal of Florida | Filed: Jul 30, 2004 | Docket: 1683108

Cited 8 times | Published

convicted Sandoval of capital sexual battery. See § 794.011(2), Fla. Stat. (1983). The trial court sentenced

Gonzales v. State

816 So. 2d 720, 2002 WL 832199

District Court of Appeal of Florida | Filed: May 3, 2002 | Docket: 1557659

Cited 8 times | Published

Five. COBB and PALMER, JJ., concur. NOTES [1] § 794.011(2), Fla. Stat. (1989). [2] § 800.04, Fla. Stat

Renee B. v. FL. AGENCY FOR HEALTH CARE

790 So. 2d 1036, 2001 WL 776533

Supreme Court of Florida | Filed: Jul 12, 2001 | Docket: 1734415

Cited 8 times | Published

pregnancy is the result of rape (as defined in Section 794.011, F.S. (1993)) or incest (as defined in Section

Mendez v. State

798 So. 2d 749, 2001 WL 314524

District Court of Appeal of Florida | Filed: Mar 30, 2001 | Docket: 1238566

Cited 8 times | Published

and attempted sexual battery in violation of section 794.011(5) and section 777.04, Florida Statutes (1998)

ADW v. State

777 So. 2d 1101

District Court of Appeal of Florida | Filed: Jan 26, 2001 | Docket: 462288

Cited 8 times | Published

was charged with sexual battery pursuant to section 794.011(2), Florida Statutes (1997). Following its

Harris v. State

742 So. 2d 835, 1999 WL 770618

District Court of Appeal of Florida | Filed: Sep 10, 1999 | Docket: 1303332

Cited 8 times | Published

committed an act defined as sexual battery under section 794.011(1)(h), Florida Statutes (1997), upon a child

Graves v. State

704 So. 2d 147, 1997 WL 730306

District Court of Appeal of Florida | Filed: Nov 26, 1997 | Docket: 1354571

Cited 8 times | Published

of two counts of sexual battery pursuant to section 794.011(2)(a), Florida Statutes (1993). The first count

Bertram v. State

637 So. 2d 258, 1994 WL 169467

District Court of Appeal of Florida | Filed: Apr 6, 1994 | Docket: 1521503

Cited 8 times | Published

information, the state charged Bertram, pursuant to section 794.011(2), Florida Statutes (1991), with placing his

Baker v. State

604 So. 2d 1239, 1992 WL 197900

District Court of Appeal of Florida | Filed: Aug 18, 1992 | Docket: 1686255

Cited 8 times | Published

cert. denied, 375 So.2d 912 (Fla. 1979). Section 794.011(2), Florida Statutes (1991), which Baker is

Salas v. State

589 So. 2d 343, 1991 WL 225590

District Court of Appeal of Florida | Filed: Nov 6, 1991 | Docket: 1441470

Cited 8 times | Published

battery exceeded the statutory maximum in section 794.011(3), Florida Statutes (1984), and his sentences

Scharfschwerdt v. Kanarek

553 So. 2d 218, 1989 WL 133063

District Court of Appeal of Florida | Filed: Nov 8, 1989 | Docket: 662333

Cited 8 times | Published

one count of sexual battery in violation of section 794.011(4)(e), Florida Statutes (1983) (count II).

Wise v. State

546 So. 2d 1068, 1989 WL 57226

District Court of Appeal of Florida | Filed: May 31, 1989 | Docket: 1730997

Cited 8 times | Published

a person under age twelve in violation of section 794.011, Florida Statutes (1985); count II alleged

Holley v. State

523 So. 2d 688, 1988 WL 27724

District Court of Appeal of Florida | Filed: Mar 30, 1988 | Docket: 472852

Cited 8 times | Published

appellant's conviction for sexual battery under Section 794.011(3), Florida Statutes, a life felony. Appellant

Bateson v. State

516 So. 2d 280, 1987 WL 1325

District Court of Appeal of Florida | Filed: Dec 23, 1987 | Docket: 1266555

Cited 8 times | Published

two-count information with sexual battery, under section 794.011(3), Florida Statutes, and with kidnapping under

Cooper v. State

453 So. 2d 67

District Court of Appeal of Florida | Filed: Mar 2, 1984 | Docket: 1651235

Cited 8 times | Published

battery upon a 10-year-old child pursuant to Section 794.011(2), Florida Statutes (1981), which provides

Cooper v. State

453 So. 2d 67

District Court of Appeal of Florida | Filed: Mar 2, 1984 | Docket: 1651235

Cited 8 times | Published

battery upon a 10-year-old child pursuant to Section 794.011(2), Florida Statutes (1981), which provides

McIlwain v. State

402 So. 2d 1194

District Court of Appeal of Florida | Filed: Jul 8, 1981 | Docket: 1313405

Cited 8 times | Published

battery on a seventeen year old boy, pursuant to section 794.011(4), Florida Statutes (1977). This section makes

State v. Hudson

397 So. 2d 426

District Court of Appeal of Florida | Filed: Apr 24, 1981 | Docket: 1357443

Cited 8 times | Published

cause serious personal injury in violation of section 794.011(5), Florida Statutes (1979). He filed a motion

Sanderson v. State

390 So. 2d 744

District Court of Appeal of Florida | Filed: Oct 22, 1980 | Docket: 1750313

Cited 8 times | Published

FRANCES ANN, Associate Judge, concur. NOTES [1] Section 794.011(2), Florida Statutes (1977), provides that

Brenton McNeil v. State of Florida

215 So. 3d 55, 42 Fla. L. Weekly Supp. 453, 2017 WL 1366131, 2017 Fla. LEXIS 828

Supreme Court of Florida | Filed: Apr 13, 2017 | Docket: 4684628

Cited 7 times | Published

under the age of eighteen in violation of section 794.011(2), Florida Stat*57utes (2006), which requires

Moises Espinosa v. Secretary, Department of Corrections

804 F.3d 1137, 2015 U.S. App. LEXIS 18449, 25 Fla. L. Weekly Fed. C 1743

Court of Appeals for the Eleventh Circuit | Filed: Oct 23, 2015 | Docket: 3006584

Cited 7 times | Published

a person 18 years of age or older, Fla. Stat. § 794.011(2)(a). A judge sentenced him to consecutive life

Morgan v. State

146 So. 3d 508, 2014 Fla. App. LEXIS 8252, 2014 WL 2217338

District Court of Appeal of Florida | Filed: May 30, 2014 | Docket: 60242926

Cited 7 times | Published

of age. Each count alleged a violation of section 794.011(2), Florida Statutes, and each count was identical

Donton v. State

1 So. 3d 1092, 2009 Fla. App. LEXIS 80, 2009 WL 36445

District Court of Appeal of Florida | Filed: Jan 8, 2009 | Docket: 1653439

Cited 7 times | Published

victim with a mental defect, a violation of section 794.011(4)(e), Florida Statutes (2005). In pertinent

Khianthalat v. State

935 So. 2d 583, 2006 WL 2191322

District Court of Appeal of Florida | Filed: Aug 4, 2006 | Docket: 1670996

Cited 7 times | Published

current statutes defining sexual offenses. Section 794.011, Florida Statutes (2002), the sexual battery

State v. Shaw

929 So. 2d 1145, 2006 WL 1501088

District Court of Appeal of Florida | Filed: Jun 2, 2006 | Docket: 1727009

Cited 7 times | Published

his nine-year-old brother in violation of section 794.011, Florida Statutes. See § 394.912(9)(d), Fla

Hunsicker v. State

881 So. 2d 1166, 2004 WL 1857604

District Court of Appeal of Florida | Filed: Aug 20, 2004 | Docket: 1465877

Cited 7 times | Published

counts one, two and three in violation of section 794.011(2), Florida Statutes (2001), were life imprisonment

Chambers v. State

880 So. 2d 696, 2004 WL 895856

District Court of Appeal of Florida | Filed: Apr 28, 2004 | Docket: 1689327

Cited 7 times | Published

personal injury. 757 So.2d at 1230; see also § 794.011(3), Fla. Stat. (1997). He was convicted of aggravated

Lane v. State

861 So. 2d 451, 2003 WL 22136076

District Court of Appeal of Florida | Filed: Sep 17, 2003 | Docket: 1514156

Cited 7 times | Published

likely to cause serious personal injury. See § 794.011(5), Fla. Stat. (1975). The defendant was convicted

State v. Curtin

764 So. 2d 645, 2000 WL 518089

District Court of Appeal of Florida | Filed: Apr 25, 2000 | Docket: 470305

Cited 7 times | Published

physically helpless victim, a violation of section 794.011(4)(a), Florida Statutes (1997), which was committed

State v. Whiting

711 So. 2d 1212, 1998 WL 210767

District Court of Appeal of Florida | Filed: May 1, 1998 | Docket: 1337498

Cited 7 times | Published

and was adjudicated guilty of a violation of section 794.011(8)(b), Florida Statutes (1995), which provides

Palazon v. State

711 So. 2d 1176, 1998 WL 171462

District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 1700610

Cited 7 times | Published

sure, but it might be worth a try. NOTES [1] § 794.011(5), Fla. Stat. (1995). [2] Although actual data

Hoch v. State

679 So. 2d 847, 1996 WL 517156

District Court of Appeal of Florida | Filed: Sep 13, 1996 | Docket: 1215584

Cited 7 times | Published

"Juny-Rios Martinez, Jr. Act" embodied in section 794.011(7), Florida Statutes (1992), which *848 eliminated

Heuss v. State

660 So. 2d 1052, 1995 WL 106305

District Court of Appeal of Florida | Filed: Aug 23, 1995 | Docket: 1755930

Cited 7 times | Published

battery against Child A and Child B under section 794.011(2), Florida Statutes (1991). In Count I of

Fjord v. State

634 So. 2d 714, 1994 WL 81814

District Court of Appeal of Florida | Filed: Mar 16, 1994 | Docket: 1737758

Cited 7 times | Published

charged with sexual battery, in violation of section 794.011(2), Florida Statutes (1991), and two counts

Kolaric v. State

616 So. 2d 117, 1993 WL 84940

District Court of Appeal of Florida | Filed: Mar 24, 1993 | Docket: 1367652

Cited 7 times | Published

committing the crime of sexual battery... . Section 794.011(1)(h), Florida Statutes (1989), defines "sexual

State v. Sedia

614 So. 2d 533, 1993 WL 5862

District Court of Appeal of Florida | Filed: Mar 17, 1993 | Docket: 449312

Cited 7 times | Published

battery conviction under either section 794.011(4)(a) or section 794.011(5) of the Florida Statutes. The

Coley v. State

616 So. 2d 1017, 1993 WL 72060

District Court of Appeal of Florida | Filed: Mar 16, 1993 | Docket: 1367985

Cited 7 times | Published

physically helpless to resist, contrary to Section 794.011(4)(a), (d), Florida Statutes...."[3] Coley

Huffman v. State

611 So. 2d 2, 1992 WL 362144

District Court of Appeal of Florida | Filed: Dec 9, 1992 | Docket: 1699578

Cited 7 times | Published

thereafter argued that the offense proscribed by section 794.011(2) was no longer in any sense "capital," but

State v. Paille

601 So. 2d 1321, 1992 WL 157398

District Court of Appeal of Florida | Filed: Jul 10, 1992 | Docket: 1710895

Cited 7 times | Published

under eighteen years of age, in violation of section 794.011(2), Florida Statutes (1985). The information

Davis v. State

569 So. 2d 1317, 1990 WL 175056

District Court of Appeal of Florida | Filed: Nov 8, 1990 | Docket: 1190390

Cited 7 times | Published

child under 12 years of age, in violation of section 794.011(2), Florida Statutes, and of one count of lewd

Heuring v. State

559 So. 2d 207, 1990 WL 29520

Supreme Court of Florida | Filed: Mar 15, 1990 | Docket: 2527414

Cited 7 times | Published

one count of sexual battery, proscribed by section 794.011(2), Florida Statutes (1983), in return for

Slaughter v. State

538 So. 2d 509, 1989 WL 6463

District Court of Appeal of Florida | Filed: Feb 1, 1989 | Docket: 356223

Cited 7 times | Published

not likely to cause serious personal injury (Section 794.011(5), Florida Statutes (1985)). Counts V and

VanTassell v. State

512 So. 2d 181, 12 Fla. L. Weekly 455

Supreme Court of Florida | Filed: Sep 3, 1987 | Docket: 425664

Cited 7 times | Published

position of familial authority in violation of section 794.011(4)(e), Florida Statutes (1983). The trial judge

Gaffney v. State

497 So. 2d 1292, 11 Fla. L. Weekly 2382

District Court of Appeal of Florida | Filed: Nov 13, 1986 | Docket: 1689747

Cited 7 times | Published

would not qualify as sexual battery under section 794.011(2), because the essential elements of (1) penetration

Heuring v. State

495 So. 2d 893, 11 Fla. L. Weekly 2144

District Court of Appeal of Florida | Filed: Oct 13, 1986 | Docket: 1730870

Cited 7 times | Published

charging the offense of sexual battery under section 794.011(2), Florida Statutes (1977-1983), by information

Stricklen v. State

504 So. 2d 1248, 11 Fla. L. Weekly 2092

District Court of Appeal of Florida | Filed: Oct 2, 1986 | Docket: 1511192

Cited 7 times | Published

meaning of "familial or custodial" as used in section 794.011(4)(e), that statute being amended in 1984 and

Carter v. State

483 So. 2d 740

District Court of Appeal of Florida | Filed: Mar 6, 1986 | Docket: 455667

Cited 7 times | Published

indictment rather than by information. Although section 794.011(2), Florida Statutes (1983) classifies this

Perez v. State

479 So. 2d 266, 10 Fla. L. Weekly 2675

District Court of Appeal of Florida | Filed: Dec 5, 1985 | Docket: 463622

Cited 7 times | Published

adjudicating Perez guilty of a sexual battery under section 794.011(4)(a), Florida Statutes. One essential constituent

Cannon v. State

456 So. 2d 513

District Court of Appeal of Florida | Filed: Sep 13, 1984 | Docket: 1447590

Cited 7 times | Published

011, Fla. Stat. (1983). [2] § 794.011(3), Fla. Stat. (1983). [3] § 794.011(4)(b), Fla. Stat. (1983). [4]

Reid v. State

440 So. 2d 651

District Court of Appeal of Florida | Filed: Nov 18, 1983 | Docket: 2530980

Cited 7 times | Published

force likely to cause serious personal injury. Section 794.011(3), Florida Statutes (1981), provides that

Taylor v. Wainwright

418 So. 2d 1095

District Court of Appeal of Florida | Filed: Aug 6, 1982 | Docket: 1288837

Cited 7 times | Published

counts of sexual battery, both counts under section 794.011(5), Florida Statutes, and one count of kidnapping

Hodge v. State

419 So. 2d 346

District Court of Appeal of Florida | Filed: Aug 4, 1982 | Docket: 1753996

Cited 7 times | Published

battery against his stepdaughter in violation of section 794.011(4)(b) and (e), Florida Statutes (1979). The

Jones v. State

398 So. 2d 987

District Court of Appeal of Florida | Filed: May 20, 1981 | Docket: 1696317

Cited 7 times | Published

child under eleven years of age pursuant to Section 794.011(2), Florida Statutes (1977). Defendant was

Cotton v. State

395 So. 2d 1287

District Court of Appeal of Florida | Filed: Apr 2, 1981 | Docket: 1693014

Cited 7 times | Published

Defendant was adjudged guilty of a violation of Section 794.011(3) and sentenced to a prison term of sixty

Bashans v. State

388 So. 2d 1303

District Court of Appeal of Florida | Filed: Oct 7, 1980 | Docket: 1520928

Cited 7 times | Published

conviction of sexual battery in violation of § 794.011, Florida Statutes. We reverse and remand for a

Ray v. State

374 So. 2d 1002

District Court of Appeal of Florida | Filed: Jul 6, 1979 | Docket: 430516

Cited 7 times | Published

appellee. OTT, Judge. Appellant was charged under § 794.011(5), Fla. Stat. (1975) with sexual battery upon

Whiteman v. State

343 So. 2d 1340

District Court of Appeal of Florida | Filed: Mar 30, 1977 | Docket: 1710509

Cited 7 times | Published

involuntary sexual battery in violation of Section 794.011(4)(e), Florida Statutes. He appeals on two

Harris v. State

338 So. 2d 880

District Court of Appeal of Florida | Filed: Oct 26, 1976 | Docket: 455285

Cited 7 times | Published

involuntary sexual battery in violation of Section 794.011(3), Florida Statutes, and III robbery. At trial

Easterly v. State

22 So. 3d 807, 2009 Fla. App. LEXIS 17542, 2009 WL 4030817

District Court of Appeal of Florida | Filed: Nov 24, 2009 | Docket: 1639734

Cited 6 times | Published

familial or custodial authority, in violation of section 794.011(8)(b), Florida Statutes (2004) (count one);

Harroll v. State

960 So. 2d 797, 2007 Fla. App. LEXIS 9547, 2007 WL 1753560

District Court of Appeal of Florida | Filed: Jun 20, 2007 | Docket: 1407046

Cited 6 times | Published

battery on a minor under twelve years of age. See § 794.011, Fla. Stat. (1990). On August 18, 2006, pursuant

MacIas v. State

959 So. 2d 782, 2007 WL 1753816

District Court of Appeal of Florida | Filed: Jun 20, 2007 | Docket: 1525789

Cited 6 times | Published

charges against Macias for sexual battery under section 794.011(4)(c), (g), Florida Statutes (2003). At trial

Morgan v. State

912 So. 2d 642, 2005 WL 2175467

District Court of Appeal of Florida | Filed: Sep 9, 2005 | Docket: 1755516

Cited 6 times | Published

THOMPSON and MONACO, JJ., concur. NOTES [1] § 794.011(3), Fla. Stat. [2] § 787.01, Fla. Stat. [3]

Hall v. State

821 So. 2d 1154, 2002 WL 1466494

District Court of Appeal of Florida | Filed: Jul 10, 2002 | Docket: 1657191

Cited 6 times | Published

which is a second-degree felony pursuant to section 794.011(5), Florida Statutes (1991), and sexual battery

State v. Hamner

816 So. 2d 810, 2002 WL 999369

District Court of Appeal of Florida | Filed: May 17, 2002 | Docket: 1753314

Cited 6 times | Published

cross-appeal. [2] § 794.011(2), Fla. Stat. (1993). [3] § 800.04(3), Fla. Stat. (1997). [4] § 794.011(2), § 777

Glover v. State

815 So. 2d 698, 2002 WL 506875

District Court of Appeal of Florida | Filed: Apr 5, 2002 | Docket: 1277643

Cited 6 times | Published

information charged Glover under the provisions of section 794.011(2)(a), Florida Statutes, by alleging that the

Kitts v. State

766 So. 2d 1067, 2000 WL 553926

District Court of Appeal of Florida | Filed: Aug 31, 2000 | Docket: 1329740

Cited 6 times | Published

be committed either by penetration or union. § 794.011, Fla. Stat. (1997). Union means contact according

Mesidor v. Neumann

721 So. 2d 810, 1998 WL 874934

District Court of Appeal of Florida | Filed: Dec 16, 1998 | Docket: 433538

Cited 6 times | Published

a person with a mental defect, contrary to section 794.011(4)(e), Florida Statutes, a first degree felony

Vural v. State

717 So. 2d 65, 1998 WL 374926

District Court of Appeal of Florida | Filed: Jul 8, 1998 | Docket: 2530642

Cited 6 times | Published

or union with the sexual organ of another ..." § 794.011 Fla. Stat. (1995). The sentencing statute requires

State v. Pate

656 So. 2d 1323, 1995 WL 325949

District Court of Appeal of Florida | Filed: Jun 2, 1995 | Docket: 1283495

Cited 6 times | Published

the [victim's] vagina in violation of Florida Statute 794.011(2)." At trial, the child victim testified

Kertell v. State

649 So. 2d 892, 1995 WL 29050

District Court of Appeal of Florida | Filed: Jan 27, 1995 | Docket: 1320413

Cited 6 times | Published

with capital sexual battery in violation of section 794.011(2), Florida Statutes (1991), by placing his

Bowden v. State

642 So. 2d 769, 1994 WL 447299

District Court of Appeal of Florida | Filed: Aug 22, 1994 | Docket: 549916

Cited 6 times | Published

State v. Gray, 435 So.2d 816 (Fla. 1983). Section 794.011, Florida Statutes, gives the following definition

Wilson v. State

622 So. 2d 31, 1993 WL 247135

District Court of Appeal of Florida | Filed: Jul 7, 1993 | Docket: 1529067

Cited 6 times | Published

less than 12 years of age, in violation of section 794.011(1)-(2). Counts II, IV, VI and VIII charged

Colon v. State

586 So. 2d 1305, 1991 WL 196302

District Court of Appeal of Florida | Filed: Oct 2, 1991 | Docket: 1742552

Cited 6 times | Published

Colon was charged with capital sexual battery. § 794.011(2), Fla. Stat. (1989). However, he was permitted

Victor v. State

566 So. 2d 354, 1990 WL 126372

District Court of Appeal of Florida | Filed: Sep 5, 1990 | Docket: 1529202

Cited 6 times | Published

batteries under our statute. Florida Statute Section 794.011(1)(h) defines "sexual battery": The term "sexual

Weiner v. State

562 So. 2d 392, 1990 WL 71772

District Court of Appeal of Florida | Filed: May 31, 1990 | Docket: 1255983

Cited 6 times | Published

sexual battery under section 794.011(5), not to a life felony under section 794.011(3). AFFIRMED. COWART

Blanton v. State

546 So. 2d 1181, 1989 WL 85720

District Court of Appeal of Florida | Filed: Aug 3, 1989 | Docket: 1730998

Cited 6 times | Published

with sexual battery on a minor pursuant to section 794.011(2), a capital felony. He was allowed to plead

Shelby v. State

541 So. 2d 1219, 1989 WL 5247

District Court of Appeal of Florida | Filed: Jan 27, 1989 | Docket: 470550

Cited 6 times | Published

"threatened to use a deadly weapon, to wit: A Gun." Section 794.011(3), Florida Statutes (1985), makes it a crime

Hoover v. State

530 So. 2d 308, 1988 WL 93754

Supreme Court of Florida | Filed: Sep 8, 1988 | Docket: 1678327

Cited 6 times | Published

custodial authority over the victim, under section 794.011(4)(e), Florida Statutes (1983), punishable

Hoover v. State

530 So. 2d 308, 1988 WL 93754

Supreme Court of Florida | Filed: Sep 8, 1988 | Docket: 1678327

Cited 6 times | Published

custodial authority over the victim, under section 794.011(4)(e), Florida Statutes (1983), punishable

Furlow v. State

529 So. 2d 804, 1988 WL 81959

District Court of Appeal of Florida | Filed: Aug 10, 1988 | Docket: 1523846

Cited 6 times | Published

. The act defined as sexual battery under Section 794.011(1)(h), Florida Statutes, is therefore an essential

State v. Allen

519 So. 2d 1076, 1988 WL 6401

District Court of Appeal of Florida | Filed: Jan 29, 1988 | Docket: 1698554

Cited 6 times | Published

January 7, 1987 in count I with violation of section 794.011(2), Florida Statutes, sexual battery on a child

Pride v. State

511 So. 2d 1068, 12 Fla. L. Weekly 2060

District Court of Appeal of Florida | Filed: Aug 24, 1987 | Docket: 1338311

Cited 6 times | Published

only evidence proved a completed offense.[3] Section 794.011(1)(h), Florida Statutes, defines sexual battery

Knight v. State

506 So. 2d 1182, 12 Fla. L. Weekly 1236

District Court of Appeal of Florida | Filed: May 14, 1987 | Docket: 1700199

Cited 6 times | Published

child under the age of twelve in violation of section 794.011(2), Florida Statutes, and one count of sexual

Barrentine v. State

504 So. 2d 533, 12 Fla. L. Weekly 905

District Court of Appeal of Florida | Filed: Apr 1, 1987 | Docket: 453502

Cited 6 times | Published

confined to sexual battery cases prosecuted under section 794.011(1)(h), Florida Statutes. Kokx v. State, 498

O'BRIGHT v. State

508 So. 2d 385, 12 Fla. L. Weekly 807

District Court of Appeal of Florida | Filed: Mar 20, 1987 | Docket: 1153473

Cited 6 times | Published

age "by vaginal penetration, contrary to Florida Statute 794.011." Count II charged that O'Bright did unlawfully

Norris v. State

503 So. 2d 911, 12 Fla. L. Weekly 306

District Court of Appeal of Florida | Filed: Jan 22, 1987 | Docket: 1733250

Cited 6 times | Published

UPCHURCH, C.J., and DAUKSCH, J., concur. NOTES [1] § 794.011(2), Fla. Stat. (1985). [2] § 800.04(1), Fla.

Collins v. State

496 So. 2d 997, 11 Fla. L. Weekly 2334

District Court of Appeal of Florida | Filed: Nov 6, 1986 | Docket: 428203

Cited 6 times | Published

2092 (Fla. 1st DCA Oct. 2, 1986). In Coleman, section 794.011(4)(e), Florida Statutes (1983) was construed

Speights v. State

495 So. 2d 882, 11 Fla. L. Weekly 2177

District Court of Appeal of Florida | Filed: Oct 10, 1986 | Docket: 1759118

Cited 6 times | Published

sexual battery with great force as specified in section 794.011(3), Florida Statutes (1983). However, on the

Gamble v. State

492 So. 2d 1132, 11 Fla. L. Weekly 1724

District Court of Appeal of Florida | Filed: Aug 7, 1986 | Docket: 1518653

Cited 6 times | Published

UPCHURCH, C.J., and ORFINGER, J., concur. NOTES [1] § 794.011(4)(b), Fla. Stat. (1983). [2] § 90.608(1)(a)

Deel v. State

481 So. 2d 15, 10 Fla. L. Weekly 2574

District Court of Appeal of Florida | Filed: Nov 21, 1985 | Docket: 548529

Cited 6 times | Published

COWART, J., dissents without opinion. NOTES [1] § 794.011(2), Fla. Stat. (1983).

Marshall v. State

473 So. 2d 688, 10 Fla. L. Weekly 88

District Court of Appeal of Florida | Filed: Dec 28, 1984 | Docket: 451537

Cited 6 times | Published

(1983). [2] § 787.01, Fla. Stat. (1983). [3] § 794.011(3), Fla. Stat. (1983). [4] U.S. Const. Amend

Hogan v. State

427 So. 2d 202

District Court of Appeal of Florida | Filed: Jan 12, 1983 | Docket: 1151685

Cited 6 times | Published

BERANEK and WALDEN, JJ., concur. NOTES [1] Section 794.011(2), Florida Statutes (1981), provides: "A person

Bates v. State

422 So. 2d 1033

District Court of Appeal of Florida | Filed: Nov 30, 1982 | Docket: 1739983

Cited 6 times | Published

force not likely to cause serious injury under Section 794.011(5), Florida Statutes (1981). It is appellant's

Hansen v. State

421 So. 2d 504

Supreme Court of Florida | Filed: Oct 28, 1982 | Docket: 941494

Cited 6 times | Published

eleven years of age or younger in violation of section 794.011(2), Florida Statutes (1979). The trial court

Aiken v. State

390 So. 2d 1186

Supreme Court of Florida | Filed: Nov 26, 1980 | Docket: 1750262

Cited 6 times | Published

the crime of sexual battery, proscribed by section 794.011, Florida Statutes (1977). The trial court dismissed

Smith v. State

375 So. 2d 864

District Court of Appeal of Florida | Filed: Oct 9, 1979 | Docket: 362805

Cited 6 times | Published

which he was convicted, which is proscribed by Section 794.011(5), Fla. Stat. (1975), is not a lesser included

Odom v. State

375 So. 2d 1079

District Court of Appeal of Florida | Filed: Aug 28, 1979 | Docket: 1353224

Cited 6 times | Published

victim was physically helpless *1080 to resist, Section 794.011(4)(a), Florida Statutes (1977), was convicted

Hicks v. State

362 So. 2d 730

District Court of Appeal of Florida | Filed: Oct 2, 1978 | Docket: 1716013

Cited 6 times | Published

involuntary sexual battery as proscribed by Section 794.011(3), Florida Statutes (1975), which provides

Kelly v. State

359 So. 2d 493

District Court of Appeal of Florida | Filed: May 16, 1978 | Docket: 905176

Cited 6 times | Published

was convicted of sexual battery contrary to F.S. 794.011(3), and was sentenced to twenty years imprisonment

Averheart v. State

358 So. 2d 609

District Court of Appeal of Florida | Filed: May 16, 1978 | Docket: 1691003

Cited 6 times | Published

cause serious personal injury, contrary to Section 794.011(3), Florida Statutes (1975). Appellant does

Frison v. State

76 So. 3d 1103, 2011 Fla. App. LEXIS 20893, 2011 WL 6843010

District Court of Appeal of Florida | Filed: Dec 30, 2011 | Docket: 89054

Cited 5 times | Published

sexual battery with a deadly weapon pursuant to section 794.011(2), Florida Statutes (1987). He was originally

Goings v. State

76 So. 3d 975, 2011 Fla. App. LEXIS 18590, 2011 WL 5842805

District Court of Appeal of Florida | Filed: Nov 22, 2011 | Docket: 2353191

Cited 5 times | Published

familial or custodial authority," in violation of section 794.011(8)(b), Florida Statutes (1993). He argues hereas

Goings v. State

76 So. 3d 975, 2011 Fla. App. LEXIS 18590, 2011 WL 5842805

District Court of Appeal of Florida | Filed: Nov 22, 2011 | Docket: 2353191

Cited 5 times | Published

familial or custodial authority," in violation of section 794.011(8)(b), Florida Statutes (1993). He argues hereas

Perry v. State

10 So. 3d 695, 2009 Fla. App. LEXIS 6963, 2009 WL 1424604

District Court of Appeal of Florida | Filed: May 22, 2009 | Docket: 1131526

Cited 5 times | Published

of [victim], contrary to the provisions of section 794.011(2)(a), Florida Statutes. Count III of the information

Rincon v. State

996 So. 2d 922, 2008 WL 5070459

District Court of Appeal of Florida | Filed: Dec 3, 2008 | Docket: 1316769

Cited 5 times | Published

by an offender over eighteen years of age. See § 794.011(2)(a), Fla. Stat. (2000). He also pleaded guilty

Bodie v. State

983 So. 2d 1196, 2008 WL 1914634

District Court of Appeal of Florida | Filed: May 2, 2008 | Docket: 1756468

Cited 5 times | Published

convicted Luman Bodie of capital sexual battery, § 794.011(2), Fla. Stat. (2001), and burglary while armed

Bevard v. State

976 So. 2d 1163, 2008 WL 678675

District Court of Appeal of Florida | Filed: Mar 14, 2008 | Docket: 1679873

Cited 5 times | Published

less than 12 years of age, in violation of section 794.011(2), Florida Statutes (2004), and with a lewd

Oliver v. State

977 So. 2d 673, 2008 WL 534934

District Court of Appeal of Florida | Filed: Feb 29, 2008 | Docket: 1529733

Cited 5 times | Published

been presented to uphold a conviction under section 794.011(8)(b). In Rawls, the court concluded that the

Abrams v. State

971 So. 2d 1033, 2008 WL 140963

District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 1446118

Cited 5 times | Published

battery and indecent assault in violation of section 794.011(2), Florida Statutes (1993), and section 800

Rogers v. State

966 So. 2d 490, 2007 WL 2982221

District Court of Appeal of Florida | Filed: Oct 15, 2007 | Docket: 1678855

Cited 5 times | Published

charged with capital sexual battery pursuant to section 794.011(2)(a), Florida Statutes, in the Circuit Court

Wilson v. State

957 So. 2d 683, 2007 WL 1295736

District Court of Appeal of Florida | Filed: May 4, 2007 | Docket: 1270856

Cited 5 times | Published

124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). [3] § 794.011(8)(b), Fla. Stat. (1998). The crimes were first-degree

Wilson v. State

913 So. 2d 1277, 2005 WL 3077225

District Court of Appeal of Florida | Filed: Nov 18, 2005 | Docket: 1331560

Cited 5 times | Published

the statute was repealed and replaced by section 794.011(8)(b). Ch. 93-156, § 4, at 911, Laws of Fla

Williams v. State

901 So. 2d 357, 2005 WL 1047241

District Court of Appeal of Florida | Filed: May 6, 2005 | Docket: 1215968

Cited 5 times | Published

penetration of another by any other object." § 794.011(1)(h), Fla. Stat. (1995) (emphasis added). Count

Adams v. State

901 So. 2d 275, 2005 WL 991672

District Court of Appeal of Florida | Filed: Apr 29, 2005 | Docket: 1215967

Cited 5 times | Published

chargedcapital sexual batterypursuant to section 794.011(2), Florida Statutes. The evidence against

Adams v. State

901 So. 2d 275, 2005 WL 991672

District Court of Appeal of Florida | Filed: Apr 29, 2005 | Docket: 1215967

Cited 5 times | Published

chargedcapital sexual batterypursuant to section 794.011(2), Florida Statutes. The evidence against

Donovan v. State

821 So. 2d 1099, 2002 WL 1072078

District Court of Appeal of Florida | Filed: May 31, 2002 | Docket: 1657183

Cited 5 times | Published

State, 763 So.2d 1114 (Fla. 4th DCA 1999). Section 794.011(1)(h) of the Florida Statutes (1999) defines

Dooley v. State

789 So. 2d 1082, 2001 WL 673580

District Court of Appeal of Florida | Filed: Jun 18, 2001 | Docket: 2513257

Cited 5 times | Published

charged with sexual battery in violation of section 794.011(8)(b), Florida Statutes (1997), which is a

Dooley v. State

789 So. 2d 1082, 2001 WL 673580

District Court of Appeal of Florida | Filed: Jun 18, 2001 | Docket: 2513257

Cited 5 times | Published

charged with sexual battery in violation of section 794.011(8)(b), Florida Statutes (1997), which is a

State v. Robinson

771 So. 2d 1256, 2000 WL 1701122

District Court of Appeal of Florida | Filed: Nov 15, 2000 | Docket: 2541823

Cited 5 times | Published

battery on a victim under twelve years of age, see § 794.011(2) Fla. Stat. (1999), the jury returned a verdict

State v. Rife

733 So. 2d 541, 1999 WL 148030

District Court of Appeal of Florida | Filed: May 28, 1999 | Docket: 1188179

Cited 5 times | Published

when an adult is charged with a violation of section 794.011(8)(b), Florida Statutes *548 (1995).[1] Because

Killian v. State

730 So. 2d 360, 1999 WL 155723

District Court of Appeal of Florida | Filed: Mar 24, 1999 | Docket: 1755378

Cited 5 times | Published

J., and SALCINES, J., Concur. NOTES [1] See § 794.011(2), Fla. Stat. (1997). [2] See § 800.04(1), Fla

Wade v. State

728 So. 2d 284, 1999 WL 68941

District Court of Appeal of Florida | Filed: Feb 10, 1999 | Docket: 2589974

Cited 5 times | Published

, and THREADGILL, J., Concur. NOTES [1] See § 794.011, Fla. Stat. (1989).

Roberts v. State

715 So. 2d 302, 1998 WL 396728

District Court of Appeal of Florida | Filed: Jul 17, 1998 | Docket: 1366087

Cited 5 times | Published

battery, first-degree felonies pursuant to section 794.011(8)(b), Florida Statutes (1993), were not enumerated

Hawes v. State

712 So. 2d 834, 1998 WL 374756

District Court of Appeal of Florida | Filed: Jul 8, 1998 | Docket: 28230

Cited 5 times | Published

perpetrator to be over the age of eighteen. See § 794.011(2)(a), Fla. Stat. (1995). We therefore reverse

Medberry v. State

699 So. 2d 857, 1997 WL 608557

District Court of Appeal of Florida | Filed: Oct 3, 1997 | Docket: 1321012

Cited 5 times | Published

counts of first degree felony sexual battery. Section 794.011, Florida Statutes (1993) sets out the different

Hipp v. State

650 So. 2d 91, 1995 WL 25305

District Court of Appeal of Florida | Filed: Jan 25, 1995 | Docket: 1703032

Cited 5 times | Published

battery (although digital penetration is). Section 794.011(1)(h), Florida Statutes (1985), defines "sexual

Hallberg v. State

621 So. 2d 693, 1993 WL 143872

District Court of Appeal of Florida | Filed: May 5, 1993 | Docket: 1677792

Cited 5 times | Published

committing an act defined as sexual battery under section 794.011(1)(h), Florida Statutes (1987) on S.S., who

Bullington v. State

616 So. 2d 1036, 1993 WL 72061

District Court of Appeal of Florida | Filed: Mar 16, 1993 | Docket: 1726849

Cited 5 times | Published

physically helpless to resist, in violation of section 794.011(4)(a), Florida Statutes (1989). We agree with

Lamont v. State

597 So. 2d 823, 1992 WL 26462

District Court of Appeal of Florida | Filed: Apr 28, 1992 | Docket: 1704778

Cited 5 times | Published

sexual battery with a firearm pursuant to Section 794.011(3), Florida Statutes (1989), a life felony;

Wood v. State

593 So. 2d 557, 1992 WL 9646

District Court of Appeal of Florida | Filed: Jan 24, 1992 | Docket: 1508900

Cited 5 times | Published

another count (sexual battery with a deadly weapon, § 794.011(3), Fla. Stat.) of life imprisonment consecutive

Jones v. State

582 So. 2d 110, 1991 WL 116853

District Court of Appeal of Florida | Filed: Jul 2, 1991 | Docket: 1715898

Cited 5 times | Published

battery on his minor daughter in violation of section 794.011(2), Florida Statutes (1989). His main contentions

Bell v. State

569 So. 2d 1322, 1990 WL 175061

District Court of Appeal of Florida | Filed: Nov 8, 1990 | Docket: 873447

Cited 5 times | Published

discharged. The defendant was charged under section 794.011(2), Florida Statutes (1989), with two counts

Firkey v. State

557 So. 2d 582, 1989 WL 78350

District Court of Appeal of Florida | Filed: Feb 14, 1990 | Docket: 456944

Cited 5 times | Published

judice was sexual battery with a finger, under section 794.011(1)(h), Florida Statutes (1987), which requires

Davis v. State

538 So. 2d 515, 1989 WL 9766

District Court of Appeal of Florida | Filed: Feb 9, 1989 | Docket: 472407

Cited 5 times | Published

helpless 13-year-old victim, violations of section 794.011, Florida Statutes (1985). He presents three

Disinger v. State

526 So. 2d 213, 1988 WL 57432

District Court of Appeal of Florida | Filed: Jun 9, 1988 | Docket: 1679684

Cited 5 times | Published

18 years of age or older, in violation of section 794.011(2), Florida Statutes (1985) and one count of

Roberts v. State

507 So. 2d 761, 12 Fla. L. Weekly 1311

District Court of Appeal of Florida | Filed: May 21, 1987 | Docket: 150568

Cited 5 times | Published

cause serious personal injury, in violation of section 794.011(4)(b), Florida Statutes, and burglary of a

Kokx v. State

498 So. 2d 534, 11 Fla. L. Weekly 2442

District Court of Appeal of Florida | Filed: Nov 20, 1986 | Docket: 1699900

Cited 5 times | Published

penetration of another by any other object. .. ." Section 794.011(1)(h), Florida Statutes.[2] By contrast, examination

Hightower v. State

488 So. 2d 106, 11 Fla. L. Weekly 975

District Court of Appeal of Florida | Filed: Apr 24, 1986 | Docket: 1287170

Cited 5 times | Published

sexual battery of a child of six pursuant to section 794.011(2), Florida Statutes (1983).[1] At trial the

Lerma v. State

476 So. 2d 275, 10 Fla. L. Weekly 2273

District Court of Appeal of Florida | Filed: Oct 3, 1985 | Docket: 1681441

Cited 5 times | Published

COBB, C.J., and UPCHURCH, J., concur. NOTES [1] § 794.011(5), Fla. Stat. (1983).

Kocsis v. State

467 So. 2d 384, 10 Fla. L. Weekly 773

District Court of Appeal of Florida | Filed: Mar 21, 1985 | Docket: 1680289

Cited 5 times | Published

Florida Statutes (1981)] and sexual battery [section 794.011(5), Florida Statutes (1981)]. Appellant has

Walker v. State

464 So. 2d 1325, 10 Fla. L. Weekly 704

District Court of Appeal of Florida | Filed: Mar 14, 1985 | Docket: 2589301

Cited 5 times | Published

DAUKSCH and ORFINGER, JJ., concur. NOTES [1] § 794.011(2), Fla. Stat. (1983). [2] § 800.04, Fla. Stat

Dorman v. State

457 So. 2d 503

District Court of Appeal of Florida | Filed: Aug 28, 1984 | Docket: 426075

Cited 5 times | Published

battery on the same children, in violation of section 794.011, Florida Statutes. Dorman accepted a negotiated

Sweat v. State

454 So. 2d 749

District Court of Appeal of Florida | Filed: Aug 23, 1984 | Docket: 444641

Cited 5 times | Published

four-year-old mongoloid child contrary to Section 794.011, Florida Statutes. Subsequently, he pled guilty

Harrielson v. State

441 So. 2d 691

District Court of Appeal of Florida | Filed: Nov 17, 1983 | Docket: 1699095

Cited 5 times | Published

convictions of sexual battery in violation of section 794.011(2), Florida Statutes (1981),[1] and possession

Mullin v. State

425 So. 2d 219

District Court of Appeal of Florida | Filed: Jan 19, 1983 | Docket: 1181878

Cited 5 times | Published

with sexual battery as proscribed by *220 section 794.011(2), Florida Statutes (1981), and by information

Green v. State

406 So. 2d 1148

District Court of Appeal of Florida | Filed: Oct 20, 1981 | Docket: 449796

Cited 5 times | Published

the use of or threat to use a deadly weapon [§ 794.011(3), Fla. Stat.]. The primary issue presented for

State v. Hansen

404 So. 2d 199

District Court of Appeal of Florida | Filed: Oct 6, 1981 | Docket: 1782336

Cited 5 times | Published

Hansen with a capital-felony violation of section 794.011(2), Florida Statutes. The judge determined

State v. Aiken

370 So. 2d 1184

District Court of Appeal of Florida | Filed: Mar 28, 1979 | Docket: 1386578

Cited 5 times | Published

with the crime of sexual battery under Florida Statute 794.011(3). In both cases the trial court dismissed

State v. Alonso

345 So. 2d 740, 87 A.L.R. 3d 1240

District Court of Appeal of Florida | Filed: Mar 29, 1977 | Docket: 1478161

Cited 5 times | Published

of involuntary sexual battery pursuant to Section 794.011, Florida Statutes (1975) it is necessary that

Williamson v. State

338 So. 2d 873

District Court of Appeal of Florida | Filed: Oct 19, 1976 | Docket: 2507806

Cited 5 times | Published

establishing the new crime of sexual battery. Section 794.011, Florida Statutes (1974). The standard jury

Farrar v. State

42 So. 3d 265, 2010 Fla. App. LEXIS 10458, 2010 WL 2787543

District Court of Appeal of Florida | Filed: Jul 16, 2010 | Docket: 1148769

Cited 4 times | Published

02(2)(a), 775.087(1), Fla. Stat. (1990). [2] § 794.011(3), Fla. Stat. (1990).

Davis v. State

26 So. 3d 647, 2010 Fla. App. LEXIS 409, 2010 WL 199298

District Court of Appeal of Florida | Filed: Jan 22, 2010 | Docket: 2551784

Cited 4 times | Published

Count II is sexual battery in violation of section 794.011(3), Florida Statutes (1975), which was a first-degree

Beahr v. State

992 So. 2d 844, 2008 WL 4377316

District Court of Appeal of Florida | Filed: Sep 29, 2008 | Docket: 1388968

Cited 4 times | Published

less than twelve years of age, contrary to section 794.011(2)(a), Florida Statutes (2004), and one count

Meshell v. State

980 So. 2d 1169, 2008 WL 977193

District Court of Appeal of Florida | Filed: Apr 11, 2008 | Docket: 1416899

Cited 4 times | Published

relating to different sex acts proscribed in section 794.011, Florida Statutes, the sexual battery statute

Garcia v. State

976 So. 2d 676, 2008 WL 724031

District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 464140

Cited 4 times | Published

sometime between July 11 and July 31, 2004. See § 794.011(2)(a), Fla. Stat. (2004). The information alleged

Dinkens v. State

976 So. 2d 660, 2008 WL 657250

District Court of Appeal of Florida | Filed: Mar 13, 2008 | Docket: 1679871

Cited 4 times | Published

"Mentally Defective" and Capable of Consent Section 794.011(4)(e), Florida Statutes (2006), provides that

Foreman v. State

965 So. 2d 1171, 2007 WL 2317302

District Court of Appeal of Florida | Filed: Aug 15, 2007 | Docket: 99871

Cited 4 times | Published

charges that he committed two violations of section 794.011(2), Florida Statutes (1997), each count alleging

Clements v. State

979 So. 2d 256, 2007 WL 2274944

District Court of Appeal of Florida | Filed: Aug 10, 2007 | Docket: 1714508

Cited 4 times | Published

repealed and reenacted as subsection (8) of section 794.011. See ch. 93-156, §§ 3, 4, at 911, § 27 at 933

Corona v. State

929 So. 2d 588, 2006 WL 1144187

District Court of Appeal of Florida | Filed: Apr 28, 2006 | Docket: 1392472

Cited 4 times | Published

against A.C., who was less than twelve years old. § 794.011(2), Fla. Stat. (2000). Mrs. Corona and A.C. were

Adaway v. State

864 So. 2d 36, 2003 WL 22799622

District Court of Appeal of Florida | Filed: Nov 26, 2003 | Docket: 159068

Cited 4 times | Published

794.011(2) ... Florida Statutes...." Under section 794.011(2), Florida Statutes (1999) "[a] person 18

Therrien v. State

859 So. 2d 585, 2003 WL 22768356

District Court of Appeal of Florida | Filed: Nov 25, 2003 | Docket: 1284683

Cited 4 times | Published

under twelve years of age, in violation of section 794.011(2)(b), Florida Statutes (1995), and lewd and

Jones v. State

834 So. 2d 226, 2002 WL 31373680

District Court of Appeal of Florida | Filed: Oct 23, 2002 | Docket: 1697580

Cited 4 times | Published

offense committed after October 1, 1992. See § 794.011(7), Fla. Stat. (1992). Jones's trial counsel investigated

Alonso v. State

821 So. 2d 423, 2002 WL 1563842

District Court of Appeal of Florida | Filed: Jul 17, 2002 | Docket: 1236130

Cited 4 times | Published

the charge of sexual battery with great force. § 794.011(3), Fla. Stat. (1997).[4] Insofar as pertinent

Baker v. State

804 So. 2d 564, 2002 WL 63354

District Court of Appeal of Florida | Filed: Jan 18, 2002 | Docket: 1699446

Cited 4 times | Published

defense to the crime proscribed by this section. Section 794.011(1)(h) defines sexual battery as follows: (h)

Irons v. State

791 So. 2d 1221, 2001 WL 929879

District Court of Appeal of Florida | Filed: Aug 17, 2001 | Docket: 1655846

Cited 4 times | Published

PETERSON and ORFINGER, R.B., JJ., concur. NOTES [1] § 794.011(5), Fla. Stat. [2] Irons also argues that the

Wilcox v. State

783 So. 2d 1150, 2001 WL 345183

District Court of Appeal of Florida | Filed: Apr 10, 2001 | Docket: 2568237

Cited 4 times | Published

attempted sexual battery is "a crime under section 794.011(2), Florida Statutes, as modified *1151 by

Grumet v. State

771 So. 2d 39, 2000 WL 1396216

District Court of Appeal of Florida | Filed: Sep 27, 2000 | Docket: 1338928

Cited 4 times | Published

battery with great force not used, contrary to section 794.011(5), Florida Statutes (1995), and was sentenced

Lee v. State

766 So. 2d 374, 2000 WL 1049889

District Court of Appeal of Florida | Filed: Aug 1, 2000 | Docket: 199686

Cited 4 times | Published

We held in that case that the language of section 794.011(7), Florida Statutes (1993), making those convicted

Renee B. v. STATE, AGENCY FOR HEALTH CARE

756 So. 2d 218, 2000 WL 423471

District Court of Appeal of Florida | Filed: Apr 20, 2000 | Docket: 471169

Cited 4 times | Published

pregnancy is the result of rape (as defined in Section 794.011, F.S. (1993)) or incest (as defined in Section

Farrill v. State

759 So. 2d 696, 2000 WL 377006

District Court of Appeal of Florida | Filed: Apr 14, 2000 | Docket: 1422270

Cited 4 times | Published

of capital sexual battery in violation of section 794.011(2), Florida Statutes (1997). His sole contention

Brown v. State

763 So. 2d 1190, 2000 WL 60386

District Court of Appeal of Florida | Filed: Jan 26, 2000 | Docket: 1681841

Cited 4 times | Published

J., and STEVENSON, J., concur. NOTES [1] See § 794.011(3), Fla. Stat. (1997) ("A person who commits sexual

State v. Colley

744 So. 2d 1172, 1999 WL 992683

District Court of Appeal of Florida | Filed: Nov 3, 1999 | Docket: 1721420

Cited 4 times | Published

armed with a dangerous weapon, a violation of section 794.011(4)(b), Florida Statutes (1993). Attempted sexual

Burnsed v. State

743 So. 2d 139, 1999 WL 890487

District Court of Appeal of Florida | Filed: Oct 8, 1999 | Docket: 77615

Cited 4 times | Published

under the age of sixteen, in violation of section 794.011(2), Florida Statutes (1991), and section 800

Cuevas v. State

741 So. 2d 1234, 1999 WL 776086

District Court of Appeal of Florida | Filed: Oct 1, 1999 | Docket: 453109

Cited 4 times | Published

NOTES [1] § 794.011(4), Fla. Stat. (1995). [2] § 794.023, Fla. Stat. (1995). [3] § 794.011(4); 777.011

Kalapp v. State

729 So. 2d 987, 1999 WL 162104

District Court of Appeal of Florida | Filed: Mar 26, 1999 | Docket: 1171457

Cited 4 times | Published

was sexual battery with a deadly weapon. See § 794.011(3), Fla. Stat. (1997). Mr. Kalapp's guidelines

Layman v. State

728 So. 2d 814, 1999 WL 128704

District Court of Appeal of Florida | Filed: Mar 12, 1999 | Docket: 1254335

Cited 4 times | Published

HARRIS, and ANTOON, JJ., concur. NOTES [1] § 794.011(4), Fla. Stat. (1995). [2] THE COURT: He's sitting

Lowman v. State

720 So. 2d 1105, 1998 WL 712464

District Court of Appeal of Florida | Filed: Oct 14, 1998 | Docket: 1371147

Cited 4 times | Published

STEPHEN L., Associate Judge, concur. NOTES [1] See § 794.011(8)(b), Fla. Stat.(1995). [2] See § 800.04(1)

State v. Morales

718 So. 2d 272, 1998 WL 559599

District Court of Appeal of Florida | Filed: Sep 4, 1998 | Docket: 1515085

Cited 4 times | Published

GRIFFIN, C.J., and DAUKSCH, J., concur. NOTES [1] § 794.011(3), Fla. Stat. (1995).

State v. Cunningham

712 So. 2d 1221, 1998 WL 336329

District Court of Appeal of Florida | Filed: Jun 26, 1998 | Docket: 1737419

Cited 4 times | Published

person 18 or older, with or without consent. § 794.011(2)(a). (2) Sexual battery upon a person less than

Perry v. State

705 So. 2d 615, 1998 WL 2511

District Court of Appeal of Florida | Filed: Jan 2, 1998 | Docket: 1753748

Cited 4 times | Published

of Florida. It was immediately reenacted as section 794.011(8)(b), Florida Statutes (1993), in essentially

Kent v. State

702 So. 2d 265, 1997 WL 748874

District Court of Appeal of Florida | Filed: Dec 5, 1997 | Docket: 460266

Cited 4 times | Published

[2] § 787.01(1)(a)2, Fla. Stat. (1993) [3] § 794.011(3), Fla. Stat. (1993). [4] See Morris v. State

Johnson v. State

695 So. 2d 787, 1997 WL 215785

District Court of Appeal of Florida | Filed: May 2, 1997 | Docket: 1522030

Cited 4 times | Published

a firearm in the process, in violation of section 794.011(3), Florida Statutes (1995). Such an offense

Keffer v. State

687 So. 2d 256, 1996 WL 736594

District Court of Appeal of Florida | Filed: Dec 27, 1996 | Docket: 1370596

Cited 4 times | Published

Appellee. FRANK, Acting Chief Judge. Pursuant to section 794.011(5), Florida Statutes (1993), Jackson Keffer

Zopf v. Singletary

686 So. 2d 680, 1996 WL 728695

District Court of Appeal of Florida | Filed: Dec 20, 1996 | Docket: 1675963

Cited 4 times | Published

Department erred as a matter of law in interpreting section 794.011(7), Florida Statutes (1993), so as to include

Allen v. State

666 So. 2d 259, 1996 WL 14048

District Court of Appeal of Florida | Filed: Jan 17, 1996 | Docket: 1510863

Cited 4 times | Published

battery/threat of retaliation pursuant to section 794.011(4)(c), Florida Statutes (1993), the court imposed

State v. Campbell

664 So. 2d 1085, 1995 WL 722897

District Court of Appeal of Florida | Filed: Dec 8, 1995 | Docket: 1229385

Cited 4 times | Published

PETERSON, C.J., and THOMPSON, J., concur. NOTES [1] § 794.011(8)(b), Fla. Stat. (1993). [2] Paragraph 90.803(23)(a)

DDM v. State

662 So. 2d 384, 1995 WL 642257

District Court of Appeal of Florida | Filed: Nov 3, 1995 | Docket: 1282909

Cited 4 times | Published

HARRIS and GRIFFIN, JJ., concur. NOTES [1] § 794.011(2), Fla. Stat. (1993). [2] § 800.04(1), Fla.

Webber v. State

662 So. 2d 1287, 1995 WL 570435

District Court of Appeal of Florida | Filed: Sep 29, 1995 | Docket: 1683544

Cited 4 times | Published

PETERSON, C.J., and GRIFFIN, J., concur. NOTES [1] § 794.011(2), Florida Statutes (1983). [2] § 800.04, Florida

Thompson v. State

650 So. 2d 969, 1994 WL 585659

Supreme Court of Florida | Filed: Oct 27, 1994 | Docket: 480529

Cited 4 times | Published

physically incapacitated victim in violation of section 794.011(4)(f), Florida Statutes (1991), and sexual

Ready v. State

636 So. 2d 67, 1994 WL 84133

District Court of Appeal of Florida | Filed: Mar 16, 1994 | Docket: 2570972

Cited 4 times | Published

less than twelve years of age contrary to section 794.011(2), Florida Statutes (1987). The jury found

Pineiro v. State

615 So. 2d 801, 1993 WL 72073

District Court of Appeal of Florida | Filed: Mar 16, 1993 | Docket: 1185141

Cited 4 times | Published

than twelve years of age, in violation of Section 794.011(2), Florida Statutes (1989). All of the counts

Ospina v. State

579 So. 2d 810, 1991 WL 72096

District Court of Appeal of Florida | Filed: May 9, 1991 | Docket: 1432466

Cited 4 times | Published

of capital sexual battery in violation of section 794.011(2) of the Florida Statutes (1983), and two

State v. Nelson

577 So. 2d 971, 1991 WL 40056

District Court of Appeal of Florida | Filed: Mar 27, 1991 | Docket: 1294963

Cited 4 times | Published

know that the child is of such tender years. § 794.011(2), Florida Statutes (1989). Likewise, he or she

Lewis v. State

566 So. 2d 270, 1990 WL 77267

District Court of Appeal of Florida | Filed: Jun 8, 1990 | Docket: 547631

Cited 4 times | Published

a weapon, which is a first-degree felony. See § 794.011(2) and (3), Fla. Stat. (1983). Lewis relies upon

Norman v. State

555 So. 2d 1316, 1990 WL 4148

District Court of Appeal of Florida | Filed: Jan 25, 1990 | Docket: 1396363

Cited 4 times | Published

that term is statutorily defined, we reverse. Section 794.011(1)(e) provides: The term "physically helpless"

Griffith v. State

548 So. 2d 244, 1989 WL 27899

District Court of Appeal of Florida | Filed: Mar 28, 1989 | Docket: 1699269

Cited 4 times | Published

matter of law that is, capital sexual battery, § 794.011(2), Fla. Stat. (1985), and first degree murder

Skipper v. State

537 So. 2d 1138, 1989 WL 8707

District Court of Appeal of Florida | Filed: Feb 9, 1989 | Docket: 1522517

Cited 4 times | Published

SHARP, C.J., and DAUKSCH, J., concur. NOTES [1] § 794.011(2), Fla. Stat. (1987). [2] We emphasize that

Gopaul v. State

536 So. 2d 296, 1988 WL 131677

District Court of Appeal of Florida | Filed: Dec 13, 1988 | Docket: 1759907

Cited 4 times | Published

upon a person under the age of eleven years. § 794.011(2), Fla. Stat. (1983). We affirm. The defendant

Spivey v. State

526 So. 2d 762, 1988 WL 58085

District Court of Appeal of Florida | Filed: Jun 10, 1988 | Docket: 1291469

Cited 4 times | Published

aggravated by the use of a weapon, a life felony. § 794.011(3), Fla. Stat. (1987). He claims this term of

Connell v. State

502 So. 2d 1272, 12 Fla. L. Weekly 214

District Court of Appeal of Florida | Filed: Jan 9, 1987 | Docket: 1657607

Cited 4 times | Published

assault of a child under fourteen years of age. See § 794.011(4) and § 800.04, Fla. Stat. (1983). The child

Leon v. State

498 So. 2d 680, 11 Fla. L. Weekly 2654

District Court of Appeal of Florida | Filed: Dec 16, 1986 | Docket: 1699767

Cited 4 times | Published

battery on a person less than twelve years of age. § 794.011(2), Fla. Stat. (1985). We affirm the judgment

Blackshear v. State

480 So. 2d 207, 11 Fla. L. Weekly 37

District Court of Appeal of Florida | Filed: Dec 23, 1985 | Docket: 1667289

Cited 4 times | Published

Blackshear pled guilty to a violation of Section 794.011(3), Florida Statutes,[1] and Section 787.01

Walker v. State

479 So. 2d 274, 10 Fla. L. Weekly 2709

District Court of Appeal of Florida | Filed: Dec 6, 1985 | Docket: 1514320

Cited 4 times | Published

familial authority, an offense proscribed by section 794.011(4)(e), Florida Statutes (1983). We reverse

State v. Green

473 So. 2d 823, 10 Fla. L. Weekly 1920

District Court of Appeal of Florida | Filed: Aug 9, 1985 | Docket: 451519

Cited 4 times | Published

over the age of eleven years in violation of section 794.011, Florida Statutes (1983). The state filed an

Rusaw v. State

429 So. 2d 1378

District Court of Appeal of Florida | Filed: Apr 29, 1983 | Docket: 1221853

Cited 4 times | Published

a person convicted of sexual battery under section 794.011(2), Florida Statutes (1981), may receive a

LJ v. State

421 So. 2d 198

District Court of Appeal of Florida | Filed: Nov 9, 1982 | Docket: 1372529

Cited 4 times | Published

penetration of another by any object; ..." Section 794.011(1)(f) Fla. Stat. (1981). An attempt to commit

Walker v. State

351 So. 2d 382

District Court of Appeal of Florida | Filed: Nov 1, 1977 | Docket: 361430

Cited 4 times | Published

years of age or younger. Section 777.04(1) and Section 794.011(2), Florida Statutes (1975). At trial the State

John Doe 1 v. Miami-Dade County

846 F.3d 1180, 2017 WL 360510, 2017 U.S. App. LEXIS 1303

Court of Appeals for the Eleventh Circuit | Filed: Jan 25, 2017 | Docket: 4573346

Cited 3 times | Published

“Sexual offense” means a conviction under Section 794.011, 800.04, 827.071, 847.0135(5) or 847.0145,

Robinson v. State

211 So. 3d 59, 2017 Fla. App. LEXIS 52

District Court of Appeal of Florida | Filed: Jan 4, 2017 | Docket: 60262668

Cited 3 times | Published

a Person in Familial or Custodial Authority. § 794.011(8), Fla. Stat. (2013). In light of the overwhelming

Marston v. State

136 So. 3d 563, 39 Fla. L. Weekly Supp. 155, 2014 Fla. LEXIS 1034, 2014 WL 1240029

Supreme Court of Florida | Filed: Mar 27, 2014 | Docket: 60240034

Cited 3 times | Published

battery (deadly weapon or force causing injury) (§ 794.011(3), Fla. Stat. (2008)), one count of kidnapping

Kaczmar v. State

104 So. 3d 990, 2012 WL 4665829, 2012 Fla. LEXIS 1922

Supreme Court of Florida | Filed: Oct 4, 2012 | Docket: 60227746

Cited 3 times | Published

of *1002attempted sexual battery. We agree. Section 794.011, Florida Statutes (2007), governs sexual battery:

KJF v. State

44 So. 3d 1204, 2010 WL 3783340

District Court of Appeal of Florida | Filed: Sep 30, 2010 | Docket: 2400591

Cited 3 times | Published

offenses: sexual battery, in violation of section 794.011(2)(b), Florida Statutes (2008); lewd or lascivious

Smith v. State

41 So. 3d 1041, 2010 Fla. App. LEXIS 11696, 2010 WL 3119943

District Court of Appeal of Florida | Filed: Aug 10, 2010 | Docket: 2400271

Cited 3 times | Published

same body parts. The criminal act under both section 794.011(2)(a) and section 800.04(5) is an intentional

Roberts v. State

39 So. 3d 372, 2010 Fla. App. LEXIS 8927, 2010 WL 2471904

District Court of Appeal of Florida | Filed: Jun 21, 2010 | Docket: 60294873

Cited 3 times | Published

penis of [appellant]” (count 2), pursuant to section 794.011(2)(a), Florida Statutes (2006). He was also

Diaz v. State

38 So. 3d 791, 2010 Fla. App. LEXIS 8186, 2010 WL 2292121

District Court of Appeal of Florida | Filed: Jun 9, 2010 | Docket: 1658452

Cited 3 times | Published

vagina on October 26, 2006, in violation of section 794.011(2)(a), Florida Statutes (2006). During trial

Rogers v. State

33 So. 3d 805, 2010 Fla. App. LEXIS 5532, 2010 WL 1641488

District Court of Appeal of Florida | Filed: Apr 26, 2010 | Docket: 1649374

Cited 3 times | Published

defendant age 18 or older, in violation of section 794.011(2)(a), Florida Statutes (2004). Appellant also

Pittman v. State

22 So. 3d 859, 2009 Fla. App. LEXIS 19076, 2009 WL 4639669

District Court of Appeal of Florida | Filed: Dec 9, 2009 | Docket: 1103654

Cited 3 times | Published

offense of the primary charge of sexual battery, § 794.011(3), Fla. Stat. (2006). Pittman argues the information

State v. Lacayo

8 So. 3d 385, 2009 Fla. App. LEXIS 1931, 2009 WL 529431

District Court of Appeal of Florida | Filed: Mar 4, 2009 | Docket: 1222789

Cited 3 times | Published

battery on a helpless victim, pursuant to Section 794.011, Florida Statutes. As a result of these convictions

Rutledge v. State

1 So. 3d 1122, 2009 Fla. App. LEXIS 339, 2009 WL 127784

District Court of Appeal of Florida | Filed: Jan 21, 2009 | Docket: 1653978

Cited 3 times | Published

authority over the victim, in violation of section 794.011(8)(b), Florida Statutes (2004 and 2005). Count

Riley v. State

25 So. 3d 1, 2008 Fla. App. LEXIS 16428, 2008 WL 4643849

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 1193829

Cited 3 times | Published

1, 2002, and May 1, 2003, in violation of section 794.011(2)(a), Florida Statutes. The matter proceeded

Fowler v. State

987 So. 2d 111, 2008 WL 2572544

District Court of Appeal of Florida | Filed: Jun 30, 2008 | Docket: 1396262

Cited 3 times | Published

of sexual battery on a child under 12, per section 794.011(2)(a), Florida Statutes (2004), and one count

Fowler v. State

987 So. 2d 111, 2008 WL 2572544

District Court of Appeal of Florida | Filed: Jun 30, 2008 | Docket: 1396262

Cited 3 times | Published

of sexual battery on a child under 12, per section 794.011(2)(a), Florida Statutes (2004), and one count

Kane v. State

975 So. 2d 1277, 2008 WL 723922

District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1727166

Cited 3 times | Published

molestation" is defined as conduct proscribed by section 794.011 or section 800.04 when committed against a

Clark v. State

969 So. 2d 573, 2007 WL 4244230

District Court of Appeal of Florida | Filed: Dec 5, 2007 | Docket: 1726046

Cited 3 times | Published

confirmed that sexual activity had taken place. See § 794.011(4)(a), Fla. Stat. (2001) (prohibiting sexual battery

Kerney v. State

945 So. 2d 657, 2007 WL 101984

District Court of Appeal of Florida | Filed: Jan 17, 2007 | Docket: 1725420

Cited 3 times | Published

guidelines, nor was it an illegal sentence. See § 794.011(8)(b), Fla. Stat. (2003); Fla. R.Crim. P. 3.992

Insko v. State

933 So. 2d 679, 2006 WL 1933387

District Court of Appeal of Florida | Filed: Jul 14, 2006 | Docket: 1712119

Cited 3 times | Published

offender charged with sexual battery under section 794.011, Florida Statutes, was not an element of the

State v. Douglas

919 So. 2d 481, 2005 WL 2861105

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 389672

Cited 3 times | Published

cause serious personal injury, in violation of § 794.011(3) and § 775.087, Fla. Stats...." While section

England v. State

879 So. 2d 660, 2004 WL 1752173

District Court of Appeal of Florida | Filed: Aug 6, 2004 | Docket: 463797

Cited 3 times | Published

person 12 years or older, in violation of section 794.011(3), Florida Statutes (1987). It does not show

Kendrick v. State

868 So. 2d 654, 2004 Fla. App. LEXIS 3514, 2004 WL 535084

District Court of Appeal of Florida | Filed: Mar 19, 2004 | Docket: 64828994

Cited 3 times | Published

felony under chapter 794, Florida Statutes. See § 794.011(3), Fla. Stat. (1993). Second, we reject Kendrick’s

Jones v. State

861 So. 2d 1261, 2003 WL 22956417

District Court of Appeal of Florida | Filed: Dec 17, 2003 | Docket: 1514170

Cited 3 times | Published

against cruel and unusual punishment. We affirm. Section 794.011, Florida Statutes, provides that "[a] person

Beber v. State

853 So. 2d 576, 2003 WL 22056036

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 1660279

Cited 3 times | Published

concurs specially without opinion. NOTES [1] Section 794.011(2), Fla. Stat. (2001). [2] Section 800.04(5)

Desbonnes v. State

846 So. 2d 565, 2003 WL 1916860

District Court of Appeal of Florida | Filed: Apr 23, 2003 | Docket: 56675

Cited 3 times | Published

battery of a child under section 794.011, Florida Statutes. Section 794.011(1)(h) defines sexual battery

Holmes v. State

842 So. 2d 187, 2003 WL 1092859

District Court of Appeal of Florida | Filed: Mar 14, 2003 | Docket: 1730476

Cited 3 times | Published

penetration of another by any other object." § 794.011(1)(h), Fla. Stat. (1995). "[A] defendant's finger

Welsh v. State

816 So. 2d 175, 2002 WL 825709

District Court of Appeal of Florida | Filed: May 2, 2002 | Docket: 1753520

Cited 3 times | Published

less than 12 years of age in violation of section 794.011(2)(a), Florida Statutes *176 (1997), and lewd

Whitson v. State

791 So. 2d 544, 2001 WL 844756

District Court of Appeal of Florida | Filed: Jul 27, 2001 | Docket: 1655711

Cited 3 times | Published

NOTES [1] § 800.04, Fla. Stat. (1997). [2] § 794.011(2), Fla. Stat. (1997). [3] On motion for rehearing

Sharp v. State

789 So. 2d 1211, 2001 WL 814955

District Court of Appeal of Florida | Filed: Jul 20, 2001 | Docket: 1325933

Cited 3 times | Published

two counts of sexual battery in violation of section 794.011(2)(a), Florida Statutes (1997). We consider

Schimele v. State

784 So. 2d 591, 2001 WL 527640

District Court of Appeal of Florida | Filed: May 16, 2001 | Docket: 1744047

Cited 3 times | Published

sexual battery statute. The crime is found in section 794.011(4)(e), which states: "A person who commits

Millien v. State

766 So. 2d 475, 2000 WL 1345946

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 1329415

Cited 3 times | Published

and eighteen pursuant to Florida Statutes section 794.011(8)(b) (1993). Florida Statutes section 921

Timot v. State

738 So. 2d 387, 1999 WL 415185

District Court of Appeal of Florida | Filed: Jun 23, 1999 | Docket: 1502984

Cited 3 times | Published

defined as sexual battery under Florida Statute § 794.011(1)(h) upon a child under the age of 16 years,"

Skeens v. State

733 So. 2d 1094, 1999 WL 300257

District Court of Appeal of Florida | Filed: May 14, 1999 | Docket: 1188158

Cited 3 times | Published

A.C.J., and WHATLEY, J., Concur. NOTES [1] § 794.011(5), Fla. Stat. (1995). [2] § 800.04(3), Fla.

Skeens v. State

733 So. 2d 1094, 1999 WL 300257

District Court of Appeal of Florida | Filed: May 14, 1999 | Docket: 1188158

Cited 3 times | Published

A.C.J., and WHATLEY, J., Concur. NOTES [1] § 794.011(5), Fla. Stat. (1995). [2] § 800.04(3), Fla.

Kopko v. State

709 So. 2d 159, 1998 WL 135084

District Court of Appeal of Florida | Filed: Mar 27, 1998 | Docket: 1278917

Cited 3 times | Published

NOTES [1] § 800.04, Fla. Stat. (Supp.1986). [2] § 794.011(2), Fla. Stat. (Supp.1986).

Beltran v. State

700 So. 2d 132, 1997 WL 633748

District Court of Appeal of Florida | Filed: Oct 8, 1997 | Docket: 1373859

Cited 3 times | Published

attempted second degree murder as a violation of section 794.011(2) (capital sexual battery) instead of section

Beltran v. State

700 So. 2d 132, 1997 WL 633748

District Court of Appeal of Florida | Filed: Oct 8, 1997 | Docket: 1373859

Cited 3 times | Published

attempted second degree murder as a violation of section 794.011(2) (capital sexual battery) instead of section

State v. Raleigh

686 So. 2d 621, 1996 WL 660937

District Court of Appeal of Florida | Filed: Nov 15, 1996 | Docket: 1676188

Cited 3 times | Published

clear that the definition of "consent" in section 794.011(1)(a), Florida Statutes, could be imported

Capers v. State

670 So. 2d 967, 1995 WL 746370

District Court of Appeal of Florida | Filed: Dec 19, 1995 | Docket: 1245654

Cited 3 times | Published

794.011(2)(a) and 800.04, Florida Statutes. Section 794.011(2)(a), Florida Statutes (1993) provides: A

Mercer v. State

654 So. 2d 1221, 1995 WL 258100

District Court of Appeal of Florida | Filed: May 5, 1995 | Docket: 1710304

Cited 3 times | Published

one count of capital sexual battery under section 794.011(2), Fla. Stat. (1993). We agree with his argument

Jozens v. State

649 So. 2d 322, 1995 WL 26799

District Court of Appeal of Florida | Filed: Jan 26, 1995 | Docket: 1320469

Cited 3 times | Published

penetration of anus or vagina, in violation of Section 794.011(2), Florida Statutes. COUNT II: ... did unlawfully

McConn v. State

648 So. 2d 837, 1995 WL 10440

District Court of Appeal of Florida | Filed: Jan 13, 1995 | Docket: 1342697

Cited 3 times | Published

(1991). [2] § 800.04(1), Fla. Stat. (1991). [3] § 794.011(3), Fla. Stat. (1991). Chapter 794 has been revised

Kazakoff v. State

642 So. 2d 596, 1994 WL 478548

District Court of Appeal of Florida | Filed: Sep 7, 1994 | Docket: 1529409

Cited 3 times | Published

be prosecuted for capital sexual battery. See § 794.011(2), Fla. Stat. (1991). [2] W.D.K., Jr. v. State

Fenelon v. State

629 So. 2d 955, 1993 WL 517230

District Court of Appeal of Florida | Filed: Dec 15, 1993 | Docket: 1677402

Cited 3 times | Published

§ 794.041(2)(b), Fla. Stat. (1991). [2] See § 794.011(2), Fla. Stat. (1991). [3] See Karchesky v. State

Owens v. State

626 So. 2d 240, 1993 WL 333575

District Court of Appeal of Florida | Filed: Sep 1, 1993 | Docket: 1684953

Cited 3 times | Published

deadly weapon. This offense is a life felony, see § 794.011, Fla. Stat. (1989), and appellant is correct that

Wilson v. State

622 So. 2d 529, 1993 WL 274465

District Court of Appeal of Florida | Filed: Jul 23, 1993 | Docket: 546437

Cited 3 times | Published

concur. NOTES [1] Sexual battery, as defined in § 794.011(3), Fla. Stat. (1991). [2] Kidnapping, § 787

Edwards v. State

613 So. 2d 508, 1993 WL 5299

District Court of Appeal of Florida | Filed: Jan 15, 1993 | Docket: 2547356

Cited 3 times | Published

conviction under count one for violation of section 794.011(4)(e), Florida Statutes, sexual battery upon

Knickerbocker v. State

604 So. 2d 876, 1992 WL 200942

District Court of Appeal of Florida | Filed: Aug 21, 1992 | Docket: 1686577

Cited 3 times | Published

cause serious personal injury, in violation of Section 794.011(3), Florida Statutes (1987); armed burglary

Mantle v. State

592 So. 2d 1190, 1992 WL 5354

District Court of Appeal of Florida | Filed: Jan 17, 1992 | Docket: 1728164

Cited 3 times | Published

GRIFFIN, J., concurs in result only. NOTES [1] § 794.011(5), Fla. Stat. (1989). [2] § 810.02(3), Fla.

State v. Theriault

590 So. 2d 993, 1991 WL 254222

District Court of Appeal of Florida | Filed: Dec 5, 1991 | Docket: 458088

Cited 3 times | Published

NOTES [1] § 800.04(1), Fla. Stat. (1985). [2] § 794.011(2), Fla. Stat. (1985). [3] § 794.041(2)(b), Fla

Russell v. State

576 So. 2d 389, 1991 WL 35438

District Court of Appeal of Florida | Filed: Mar 13, 1991 | Docket: 1669805

Cited 3 times | Published

cause serious personal injury, contrary to section 794.011(5), Florida Statutes. Appellant admitted at

Miller v. Dugger

565 So. 2d 846, 1990 WL 115522

District Court of Appeal of Florida | Filed: Aug 9, 1990 | Docket: 1403740

Cited 3 times | Published

taken toward the commission of an offense. Section 794.011(1)(h), Florida Statutes (1987), defines sexual

Saint v. State

562 So. 2d 866, 1990 WL 91898

District Court of Appeal of Florida | Filed: Jul 3, 1990 | Docket: 1154815

Cited 3 times | Published

Appellee, State, concedes error on both issues. Section 794.011(2), Florida Statutes (1989), provides that

Lareau v. State

554 So. 2d 638, 1989 WL 155662

District Court of Appeal of Florida | Filed: Dec 28, 1989 | Docket: 1318838

Cited 3 times | Published

that a conviction for sexual battery under section 794.011, Florida Statutes, may be subject to enhancement

Morton v. State

548 So. 2d 788, 1989 WL 102511

District Court of Appeal of Florida | Filed: Sep 6, 1989 | Docket: 1699155

Cited 3 times | Published

conduct against the 14-year-old in violation of section 794.011(3), Florida Statutes (1987). The lewd and lascivious

Hawkins v. State

522 So. 2d 488, 1988 WL 22990

District Court of Appeal of Florida | Filed: Mar 17, 1988 | Docket: 1191907

Cited 3 times | Published

slight force, a second degree felony, pursuant to § 794.011(5), Fla. Stat. (1985). The court imposed a departure

Barrentine v. State

521 So. 2d 1093, 1988 WL 21004

Supreme Court of Florida | Filed: Mar 10, 1988 | Docket: 1348339

Cited 3 times | Published

the crime of sexual battery prosecuted under section 794.011(1)(h), Florida Statutes (1985), and the lesser

Mora v. State

515 So. 2d 291, 12 Fla. L. Weekly 2469

District Court of Appeal of Florida | Filed: Oct 21, 1987 | Docket: 1749259

Cited 3 times | Published

(1983), and sexual battery in violation of section 794.011(5), Florida Statutes (1983). After a nonjury

Young v. State

506 So. 2d 13, 12 Fla. L. Weekly 875

District Court of Appeal of Florida | Filed: Mar 26, 1987 | Docket: 1700234

Cited 3 times | Published

battery on a person twelve years of age or older. § 794.011(5), Fla. Stat. (1983). Pursuant to section 92

Dailey v. State

501 So. 2d 15, 12 Fla. L. Weekly 89

District Court of Appeal of Florida | Filed: Dec 17, 1986 | Docket: 538064

Cited 3 times | Published

battery on a child under twelve years of age. § 794.011(2), Fla. Stat. (1985). He was sentenced to concurrent

Mora v. State

484 So. 2d 621, 11 Fla. L. Weekly 436

District Court of Appeal of Florida | Filed: Feb 14, 1986 | Docket: 1702713

Cited 3 times | Published

contained all the elements required under section 794.011, Florida Statutes (1983), for a conviction

Mora v. State

484 So. 2d 621, 11 Fla. L. Weekly 436

District Court of Appeal of Florida | Filed: Feb 14, 1986 | Docket: 1702713

Cited 3 times | Published

contained all the elements required under section 794.011, Florida Statutes (1983), for a conviction

Baeza v. State

489 So. 2d 36, 11 Fla. L. Weekly 361

District Court of Appeal of Florida | Filed: Feb 5, 1986 | Docket: 1528830

Cited 3 times | Published

Associate Judge, concur. NOTES [1] § 794.011(2), Fla. Stat. (1983); § 794.011(4)(e), Fla. Stat. (1983). [2]

McMillan v. State

478 So. 2d 1195, 10 Fla. L. Weekly 2679

District Court of Appeal of Florida | Filed: Dec 4, 1985 | Docket: 1169054

Cited 3 times | Published

[1] § 810.02(2)(b), Fla. Stat. (1983). [2] § 794.011(3), Fla. Stat. (1983). [3] § 812.13(2)(a), Fla

Kemp v. State

464 So. 2d 1238

District Court of Appeal of Florida | Filed: Mar 14, 1985 | Docket: 1661338

Cited 3 times | Published

convicted of sexual battery with a deadly weapon. Section 794.011(3), Florida Statutes (1981). On appeal he argues

Brosz v. State

466 So. 2d 256, 10 Fla. L. Weekly 352

District Court of Appeal of Florida | Filed: Feb 7, 1985 | Docket: 135603

Cited 3 times | Published

Brosz committed sexual battery in violation of section 794.011(2), Florida Statutes. This crime remains a

Bragg v. State

433 So. 2d 1375

District Court of Appeal of Florida | Filed: Jul 13, 1983 | Docket: 1727579

Cited 3 times | Published

deadly weapon, a firearm, in violation of Section 794.011, Florida Statutes. Bragg pled not guilty to

Bragg v. State

433 So. 2d 1375

District Court of Appeal of Florida | Filed: Jul 13, 1983 | Docket: 1727579

Cited 3 times | Published

deadly weapon, a firearm, in violation of Section 794.011, Florida Statutes. Bragg pled not guilty to

Ray v. State

403 So. 2d 956, 1981 Fla. LEXIS 2819

Supreme Court of Florida | Filed: Jul 30, 1981 | Docket: 64585091

Cited 3 times | Published

jury. We quash the instant decision. Under section 794.011(5), Florida Statutes (1975),1 an information

Hudson v. State

368 So. 2d 437

District Court of Appeal of Florida | Filed: Mar 13, 1979 | Docket: 1723142

Cited 3 times | Published

likely to cause serious personal injury. [Section 794.011(5), Florida Statutes (1977).][1] Hudson primarily

STATE OF FLORIDA v. CHESTER RALPH KWITOWSKI, JR.

250 So. 3d 210

District Court of Appeal of Florida | Filed: Jun 20, 2018 | Docket: 7225311

Cited 2 times | Published

sexual battery as a "capital felony." § 794.011(2)(a), Fla. Stat. (2016). The trial court nonetheless

Guardian Ad Litem Program v. C.W. (In re X.W.)

255 So. 3d 882

District Court of Appeal of Florida | Filed: Feb 9, 2018 | Docket: 64689555

Cited 2 times | Published

result of a sexual battery made unlawful by section 794.011, Florida Statutes, under section 39.806(1)(m)

Carrion v. State

235 So. 3d 1051

District Court of Appeal of Florida | Filed: Jan 19, 2018 | Docket: 60286102

Cited 2 times | Published

battery on a person less than twelve years old. See § 794.011(2)(a), Fla. Stat. (2012). His counsel filed a

Tirado v. State

219 So. 3d 146, 2017 WL 1709785, 2017 Fla. App. LEXIS 6181

District Court of Appeal of Florida | Filed: May 3, 2017 | Docket: 60266469

Cited 2 times | Published

penetration of another by any other object.” § 794.011(1)(h), Fla. Stat. (2012). The standard jury instruction

Scott v. State

218 So. 3d 476, 2017 Fla. App. LEXIS 6163

District Court of Appeal of Florida | Filed: May 3, 2017 | Docket: 6057953

Cited 2 times | Published

or custodial authority, a first-degree felony. § 794.011(8)(b), Fla. Stat. (2014). The defendant argues

Tambriz-Ramirez v. State

213 So. 3d 920, 2017 WL 815376, 2017 Fla. App. LEXIS 2771

District Court of Appeal of Florida | Filed: Mar 1, 2017 | Docket: 60263946

Cited 2 times | Published

assault (section 784.021) and sexual battery (section 794.011). Each offense requires proof of an element

Britten v. State

181 So. 3d 1215, 2015 Fla. App. LEXIS 18556, 2015 WL 8519509

District Court of Appeal of Florida | Filed: Dec 11, 2015 | Docket: 60252530

Cited 2 times | Published

multiple felonies, including sexual battery under section 794.011(3), Florida Statutes (2013), and was designated

Rafael Alexander Gutierrez v. State of Florida

177 So. 3d 226, 40 Fla. L. Weekly Supp. 359, 2015 Fla. LEXIS 1383, 2015 WL 3887354

Supreme Court of Florida | Filed: Jun 25, 2015 | Docket: 2668463

Cited 2 times | Published

by a jury of sexual battery in violation of section 794.011(5), Florida Statutes (2010). On appeal to the

Walling v. State

105 So. 3d 660, 2013 WL 335929, 2013 Fla. App. LEXIS 1384

District Court of Appeal of Florida | Filed: Jan 30, 2013 | Docket: 60227958

Cited 2 times | Published

We were not persuaded that “the fact that Section 794.011(2) defines sexual battery of a child 11 years

Bruce v. State

44 So. 3d 1225, 2010 Fla. App. LEXIS 14551, 2010 WL 3808435

District Court of Appeal of Florida | Filed: Oct 1, 2010 | Docket: 2401861

Cited 2 times | Published

Bruce, Appellant, was charged, pursuant to section 794.011(5), Florida Statutes, with sexual battery for

Luedtke v. State

6 So. 3d 653, 2009 Fla. App. LEXIS 1806, 2009 WL 530392

District Court of Appeal of Florida | Filed: Mar 4, 2009 | Docket: 1671972

Cited 2 times | Published

Luedtke with one count of sexual battery under section 794.011(5), Florida Statutes (2004). Mr. Luedtke entered

Daniels v. State

4 So. 3d 745, 2009 Fla. App. LEXIS 1826, 2009 WL 530388

District Court of Appeal of Florida | Filed: Mar 4, 2009 | Docket: 1216743

Cited 2 times | Published

less than twelve years of age, a violation of section 794.011(2), Florida Statutes (2005 and 2006). The trial

Daniels v. State

4 So. 3d 745, 2009 Fla. App. LEXIS 1826, 2009 WL 530388

District Court of Appeal of Florida | Filed: Mar 4, 2009 | Docket: 1216743

Cited 2 times | Published

less than twelve years of age, a violation of section 794.011(2), Florida Statutes (2005 and 2006). The trial

Acevedo v. Williams

985 So. 2d 669, 2008 WL 2572646

District Court of Appeal of Florida | Filed: Jun 30, 2008 | Docket: 1673298

Cited 2 times | Published

sexually battering Jaquinta in violation of section 794.011(5), Florida Statutes (2007), and issued the

LaMorte v. State

984 So. 2d 548, 2008 WL 1914261

District Court of Appeal of Florida | Filed: May 2, 2008 | Docket: 1289363

Cited 2 times | Published

person in custodial authority in violation of section 794.011(4)(e), Florida Statutes (1981-1983), for acts

LaMorte v. State

984 So. 2d 548, 2008 WL 1914261

District Court of Appeal of Florida | Filed: May 2, 2008 | Docket: 1289363

Cited 2 times | Published

person in custodial authority in violation of section 794.011(4)(e), Florida Statutes (1981-1983), for acts

Lincoln v. State

978 So. 2d 246, 2008 WL 895734

District Court of Appeal of Florida | Filed: Apr 4, 2008 | Docket: 2573437

Cited 2 times | Published

AFFIRMED. MONACO and COHEN, JJ., concur. NOTES [1] § 794.011(8)(b), Fla. Stat.

Hudson v. State

939 So. 2d 146, 2006 WL 2683381

District Court of Appeal of Florida | Filed: Sep 20, 2006 | Docket: 1237030

Cited 2 times | Published

appraising the nature of his or her conduct." § 794.011(b), Fla. Stat. This court and other courts have

Williams v. State

922 So. 2d 418, 2006 WL 568694

District Court of Appeal of Florida | Filed: Mar 10, 2006 | Docket: 1683371

Cited 2 times | Published

force likely to cause serious personal injury. § 794.011(3), Fla. Stat. (2002). During the charge conference

Robinson v. State

919 So. 2d 623, 2006 WL 147401

District Court of Appeal of Florida | Filed: Jan 20, 2006 | Docket: 1269682

Cited 2 times | Published

BE CONVICTED OF BOTH SEXUAL BATTERY UNDER SECTION 794.011(5), FLORIDA STATUTES (2002), AND LEWD AND LASCIVIOUS

Perritte v. State

912 So. 2d 332, 2005 WL 2104307

District Court of Appeal of Florida | Filed: Sep 2, 2005 | Docket: 1755639

Cited 2 times | Published

charged by information with having violated section 794.011(2)(a), Florida Statutes (2001), by committing

Colon v. State

905 So. 2d 1000, 2005 WL 1537257

District Court of Appeal of Florida | Filed: Jul 1, 2005 | Docket: 1711725

Cited 2 times | Published

PETERSON and MONACO, JJ., concur. NOTES [1] Section 794.011(3), a life felony. [2] Section 784.011, a

Romage v. State

890 So. 2d 550, 2005 WL 74094

District Court of Appeal of Florida | Filed: Jan 14, 2005 | Docket: 1690317

Cited 2 times | Published

SAWAYA, C.J., and MONACO, J., concur. NOTES [1] § 794.011(5), Fla. Stat. (2001). [2] § 800.04(5)(c)(2)

Herrera v. State

879 So. 2d 38, 2004 WL 1392396

District Court of Appeal of Florida | Filed: Jun 23, 2004 | Docket: 463809

Cited 2 times | Published

bodily harm, but sexual battery does not. See § 794.011, Fla. Stat.; § 784.03, Fla. Stat.

Young v. State

852 So. 2d 368, 2003 WL 21946695

District Court of Appeal of Florida | Filed: Aug 15, 2003 | Docket: 1711042

Cited 2 times | Published

than twelve years of age, in violation of section 794.011(2), Florida Statutes (1983). The State appealed

Wise v. State

833 So. 2d 882, 2003 WL 69535

District Court of Appeal of Florida | Filed: Jan 10, 2003 | Docket: 1259156

Cited 2 times | Published

CASANUEVA and KELLY, JJ., Concur. NOTES [1] Section 794.011(1)(h), Florida Statutes (1997), defines sexual

State v. Hosty

835 So. 2d 1202, 2003 WL 25872297

District Court of Appeal of Florida | Filed: Jan 2, 2003 | Docket: 1624271

Cited 2 times | Published

who was mentally defective, in violation of section 794.011(4)(e), Florida Statutes (2001). Although the

Adams v. State

834 So. 2d 302, 2002 WL 31889570

District Court of Appeal of Florida | Filed: Dec 31, 2002 | Docket: 1697548

Cited 2 times | Published

punishment for sexual battery committed pursuant to section 794.011(2), Florida Statutes (1991), depends upon whether

State v. J.M.

824 So. 2d 105, 27 Fla. L. Weekly Supp. 621, 2002 Fla. LEXIS 1468

Supreme Court of Florida | Filed: Jul 3, 2002 | Docket: 64817028

Cited 2 times | Published

adult with sexual battery in violation of section 794.011(2)(b), Florida Statutes (1999).2 See J.M.,

Freeman v. State

818 So. 2d 580, 2002 WL 507032

District Court of Appeal of Florida | Filed: Apr 5, 2002 | Docket: 1169818

Cited 2 times | Published

battery on a child under twelve years of age, section 794.011(2)(a), Florida Statutes (1999), between September

Walters v. State

812 So. 2d 457, 2002 WL 312530

District Court of Appeal of Florida | Filed: Mar 1, 2002 | Docket: 1716220

Cited 2 times | Published

weapon; and (2) armed sexual battery pursuant to section 794.011(3), Florida Statutes (1989). The life felonies

Pozek v. State

803 So. 2d 768, 2001 WL 1386101

District Court of Appeal of Florida | Filed: Nov 9, 2001 | Docket: 1784777

Cited 2 times | Published

familial or custodial authority over the victim. § 794.011(8)(b), Fla. Stat. (1997). That section provides:

DR v. State

790 So. 2d 1242, 2001 WL 904212

District Court of Appeal of Florida | Filed: Aug 10, 2001 | Docket: 1734507

Cited 2 times | Published

IN UNION WITH [K.T.'S] VAGINA, contrary to Section 794.011(2), Florida Statutes, COUNT 2: In the county

Williams v. State

782 So. 2d 980, 2001 WL 360237

District Court of Appeal of Florida | Filed: Apr 12, 2001 | Docket: 237909

Cited 2 times | Published

while armed, a life felony, in violation of section 794.011(3), Florida Statutes (1979). The court sentenced

Woodson v. State

777 So. 2d 1167, 2001 WL 121099

District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 1513967

Cited 2 times | Published

battery with a deadly weapon is a life felony. § 794.011(3), Fla. Stat. (1995). As to burglary, defendant

Brackett v. State

773 So. 2d 564, 2000 WL 1636864

District Court of Appeal of Florida | Filed: Sep 22, 2000 | Docket: 1291716

Cited 2 times | Published

CURIAM. Petitioner is charged with violating section 794.011(2)(a), Florida Statutes (1999), a capital felony

Victor v. State

774 So. 2d 722, 2000 WL 1154006

District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 1330556

Cited 2 times | Published

necessarily lesser included offense. See id. § 794.011(5), (6). It is not subject to enhancement for

Soukup v. State

760 So. 2d 1072, 2000 WL 799367

District Court of Appeal of Florida | Filed: Jun 23, 2000 | Docket: 1324510

Cited 2 times | Published

physically incapacitated person, as proscribed by section 794.011(4)(f), Florida Statutes, and as such his motion

State v. Hoffman

745 So. 2d 985, 1999 WL 682599

District Court of Appeal of Florida | Filed: Sep 3, 1999 | Docket: 1689262

Cited 2 times | Published

NOTES [1] Hoffman was charged with violating section 794.011(8)(b), Florida Statutes (1997).

Thompson v. State

731 So. 2d 819, 1999 WL 252387

District Court of Appeal of Florida | Filed: Apr 30, 1999 | Docket: 1408938

Cited 2 times | Published

GOSHORN and HARRIS, JJ., concur. NOTES [1] § 794.011(2)(a), Fla. Stat. (1995). [2] § 800.04(3), Fla

Adkins v. State

729 So. 2d 955, 1998 WL 889754

District Court of Appeal of Florida | Filed: Dec 23, 1998 | Docket: 1171261

Cited 2 times | Published

GRIFFIN, C.J., and HARRIS, J., concur. NOTES [1] § 794.011(2)(a), Fla. Stat. (1993). [2] Adkins v. State

Rager v. State

720 So. 2d 1134, 1998 WL 769782

District Court of Appeal of Florida | Filed: Nov 6, 1998 | Docket: 1371808

Cited 2 times | Published

Florida's sexual battery statutes. [3] See, e.g., § 794.011(2)(a) (sexual battery upon person less than 12

Peavy v. State

706 So. 2d 943, 1998 WL 93952

District Court of Appeal of Florida | Filed: Mar 6, 1998 | Docket: 2581087

Cited 2 times | Published

battery without a deadly weapon, but refers to section 794.011(3), Florida Statutes, which defines the crime

Dept. of Rev., Bennett v. Miller

688 So. 2d 1024, 1997 WL 97155

District Court of Appeal of Florida | Filed: Mar 7, 1997 | Docket: 1786951

Cited 2 times | Published

paternity action, the trial court relied upon section 794.011(8)(b), Florida Statutes (1995).[1] However

Hare v. State

687 So. 2d 1371, 1997 Fla. App. LEXIS 1367, 1997 WL 71603

District Court of Appeal of Florida | Filed: Feb 21, 1997 | Docket: 64771170

Cited 2 times | Published

described in s. 775.082.” (Emphasis added). Section 794.011, the sexual battery statute, does not grant

Hare v. State

687 So. 2d 1371, 1997 Fla. App. LEXIS 1367, 1997 WL 71603

District Court of Appeal of Florida | Filed: Feb 21, 1997 | Docket: 64771170

Cited 2 times | Published

described in s. 775.082.” (Emphasis added). Section 794.011, the sexual battery statute, does not grant

Hull v. State

686 So. 2d 676, 1996 WL 724125

District Court of Appeal of Florida | Filed: Dec 18, 1996 | Docket: 2568091

Cited 2 times | Published

or custodial authority," as proscribed by section 794.011(8), Florida Statutes (1995). He appeals from

Brown v. State

682 So. 2d 667, 1996 WL 637648

District Court of Appeal of Florida | Filed: Nov 6, 1996 | Docket: 1681056

Cited 2 times | Published

Sexual battery with great force is a life felony. § 794.011(3), Fla. Stat. (1995). Life felonies are punishable

Tooley v. State

675 So. 2d 984, 1996 WL 283691

District Court of Appeal of Florida | Filed: May 31, 1996 | Docket: 1322686

Cited 2 times | Published

Stat. (1991); § 775.087, Fla.Stat. (1993). [3] § 794.011, Fla.Stat (Supp.1992); § 777.04(1), Fla.Stat.

Luther v. State

661 So. 2d 906, 1995 WL 601360

District Court of Appeal of Florida | Filed: Oct 13, 1995 | Docket: 1526450

Cited 2 times | Published

originally been charged with sexual battery under section 794.011(4)(c), Florida Statutes (Supp. 1992). After

Luther v. State

661 So. 2d 906, 1995 WL 601360

District Court of Appeal of Florida | Filed: Oct 13, 1995 | Docket: 1526450

Cited 2 times | Published

originally been charged with sexual battery under section 794.011(4)(c), Florida Statutes (Supp. 1992). After

Wykle v. State

659 So. 2d 1287, 1995 WL 516434

District Court of Appeal of Florida | Filed: Sep 1, 1995 | Docket: 1462430

Cited 2 times | Published

a sexual battery upon L.C. in violation of section 794.011(2), Florida Statutes (1991), between the dates

Sheppard v. State

659 So. 2d 457, 1995 WL 490561

District Court of Appeal of Florida | Filed: Aug 18, 1995 | Docket: 1462757

Cited 2 times | Published

AFFIRMED. DAUKSCH and COBB, JJ., concur. NOTES [1] § 794.011(2), Fla. Stat. (1989). The victim was 11 years

Ogden v. State

658 So. 2d 621, 1995 WL 421868

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 439220

Cited 2 times | Published

on a child of less than twelve years of age [§ 794.011(2), Fla. Stat. (1991)], and (2) lewd and lascivious

Wallace v. State

650 So. 2d 95, 1995 Fla. App. LEXIS 471, 1995 WL 28981

District Court of Appeal of Florida | Filed: Jan 27, 1995 | Docket: 64754163

Cited 2 times | Published

trial. HARRIS, C.J., and GRIFFIN, J., concur. . § 794.011(2), Fla.Stat. (1989).

State v. O'BRIEN

636 So. 2d 92, 1994 WL 106572

District Court of Appeal of Florida | Filed: Mar 31, 1994 | Docket: 1715318

Cited 2 times | Published

findings of fact, I would affirm. NOTES [1] § 794.011(2), Fla. Stat. (1983). [2] See Rankin v. State

Knickerbocker v. State

619 So. 2d 18, 1993 WL 152379

District Court of Appeal of Florida | Filed: May 13, 1993 | Docket: 1382111

Cited 2 times | Published

cause serious personal injury, in violation of section 794.011(3), Florida Statutes (1987); armed burglary

Newberry v. State

616 So. 2d 1093, 1993 WL 101886

District Court of Appeal of Florida | Filed: Apr 7, 1993 | Docket: 2575768

Cited 2 times | Published

statute does not apply to this life felony. See § 794.011(3), Fla. Stat. (1991); Lamont v. State, 610 So

Gonzalez v. State

588 So. 2d 314, 1991 WL 225483

District Court of Appeal of Florida | Filed: Nov 5, 1991 | Docket: 1297403

Cited 2 times | Published

battery on a child twelve years of age or under. § 794.011(2), Fla. Stat. (1989). We reverse and remand for

Johnson v. State

572 So. 2d 957, 1990 WL 205441

District Court of Appeal of Florida | Filed: Dec 14, 1990 | Docket: 479647

Cited 2 times | Published

given, sexual battery, as proscribed under Section 794.011(5), Florida Statutes (1985), was not listed

McMullen v. State

570 So. 2d 1032, 1990 WL 179110

District Court of Appeal of Florida | Filed: Nov 21, 1990 | Docket: 1704231

Cited 2 times | Published

for resentencing pursuant to Florida Statutes, § 794.011(2) and § 777.04(4)(a). The failure to file written

Stermer v. State

567 So. 2d 13, 1990 WL 126200

District Court of Appeal of Florida | Filed: Aug 29, 1990 | Docket: 325560

Cited 2 times | Published

two counts of sexual battery in violation of section 794.011, Florida Statutes (1987), one count of attempted

Gonzalez v. State

538 So. 2d 1343, 1989 WL 13108

District Court of Appeal of Florida | Filed: Feb 22, 1989 | Docket: 472368

Cited 2 times | Published

three counts of sexual battery in violation of section 794.011(5), Florida Statutes (1985). A jury found him

Hoover v. State

511 So. 2d 629, 12 Fla. L. Weekly 1755

District Court of Appeal of Florida | Filed: Jul 21, 1987 | Docket: 1338821

Cited 2 times | Published

contendere to a charge of sexual battery under section 794.011(4)(e), Florida Statutes (1983). Although neither

Hoover v. State

511 So. 2d 629, 12 Fla. L. Weekly 1755

District Court of Appeal of Florida | Filed: Jul 21, 1987 | Docket: 1338821

Cited 2 times | Published

contendere to a charge of sexual battery under section 794.011(4)(e), Florida Statutes (1983). Although neither

George v. State

488 So. 2d 589, 11 Fla. L. Weekly 1040

District Court of Appeal of Florida | Filed: May 2, 1986 | Docket: 1685402

Cited 2 times | Published

cause serious personal injury in violation of section 794.011(4). He also argues that it was error for the

Nicholson v. State

486 So. 2d 688, 11 Fla. L. Weekly 896

District Court of Appeal of Florida | Filed: Apr 15, 1986 | Docket: 278295

Cited 2 times | Published

six-year-old stepdaughter in violation of Section 794.011(2), Florida Statutes (1983), we conclude that:

Smith v. State

482 So. 2d 521, 11 Fla. L. Weekly 318

District Court of Appeal of Florida | Filed: Jan 29, 1986 | Docket: 1769217

Cited 2 times | Published

charging him with sexual battery, a violation of section 794.011(2), Florida Statutes (1983). On August 31 the

State v. Wells

466 So. 2d 291, 10 Fla. L. Weekly 490, 1985 Fla. App. LEXIS 12556

District Court of Appeal of Florida | Filed: Feb 22, 1985 | Docket: 64610935

Cited 2 times | Published

sexual battery of a child, a violation of section 794.011(2), Florida Statutes (1983). The trial court

Washington v. State

452 So. 2d 82

District Court of Appeal of Florida | Filed: Jun 15, 1984 | Docket: 1517641

Cited 2 times | Published

person of the age eleven or younger contrary to Section 794.011, Florida Statutes (1981), and two counts of

Washington v. State

452 So. 2d 82

District Court of Appeal of Florida | Filed: Jun 15, 1984 | Docket: 1517641

Cited 2 times | Published

person of the age eleven or younger contrary to Section 794.011, Florida Statutes (1981), and two counts of

Milliken v. State

398 So. 2d 508

District Court of Appeal of Florida | Filed: May 27, 1981 | Docket: 1407169

Cited 2 times | Published

capital felony under section 794.011(2), Florida Statutes (1979). Section 794.011(2) provides: A person

Harrison v. State

360 So. 2d 421

Supreme Court of Florida | Filed: Jun 15, 1978 | Docket: 1474689

Cited 2 times | Published

penetration of another by any other object... ." Section 794.011(1)(f), Florida Statutes. Appellant argues that

Wagner v. State

356 So. 2d 867

District Court of Appeal of Florida | Filed: Mar 21, 1978 | Docket: 1739741

Cited 2 times | Published

appellant. The trial court, in accordance with Section 794.011(3), Florida Statutes (1975), instructed the

Wright v. State

342 So. 2d 565

District Court of Appeal of Florida | Filed: Feb 18, 1977 | Docket: 1521309

Cited 2 times | Published

sexual battery, a felony of the first degree, [§ 794.011(4) and 775.082, Fla. Stat. 1975]. The split sentence

Smith v. State

340 So. 2d 1216

District Court of Appeal of Florida | Filed: Dec 17, 1976 | Docket: 1299671

Cited 2 times | Published

sentence to life imprisonment pursuant to Section 794.011(3) Florida Statutes (Supp. 1974).[1] The victim

NEEMIAS RAMIREZ RAMOS v. STATE OF FLORIDA

274 So. 3d 395

District Court of Appeal of Florida | Filed: Jun 5, 2019 | Docket: 15731303

Cited 1 times | Published

penetration of another by any other object . . . .” § 794.011(1)(h), Fla. Stat. (2015). “Union permits a conviction

McKenzie v. State

272 So. 3d 808

District Court of Appeal of Florida | Filed: May 10, 2019 | Docket: 64715391

Cited 1 times | Published

familial or custodial authority, in violation of section 794.011(8)(b), Florida Statutes (2009). Pursuant to

STEPHEN STUBBS v. STATE OF FLORIDA

275 So. 3d 631

District Court of Appeal of Florida | Filed: Apr 17, 2019 | Docket: 14950643

Cited 1 times | Published

consent and does not include coerced submission.” § 794.011(1)(a), Fla. Stat. (2017). Arguably, Witness 2

Kelly Lamont Whisby v. State of Florida

262 So. 3d 228

District Court of Appeal of Florida | Filed: Dec 18, 2018 | Docket: 8425521

Cited 1 times | Published

the crime of sexual battery as codified in section 794.011, Florida Statutes. Whisby was charged with

Aguila v. State

255 So. 3d 522

District Court of Appeal of Florida | Filed: Oct 10, 2018 | Docket: 8015419

Cited 1 times | Published

familial or custodial authority in violation of section 794.011(8)(b), Florida Statutes (2013). The sole issue

LENIST KEY v. STATE OF FLORIDA

254 So. 3d 1000

District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7804262

Cited 1 times | Published

Armed sexual battery is a life felony. See § 794.011(3), Fla. Stat. (1993). Kidnapping is a first degree

Arroyo v. State

252 So. 3d 374

District Court of Appeal of Florida | Filed: Aug 1, 2018 | Docket: 7567946

Cited 1 times | Published

victim was either physically helpless under section 794.011(1)(e), Florida Statutes (2010), or physically

Burgess v. State

252 So. 3d 767

District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 64686069

Cited 1 times | Published

conviction for sexual battery upon a child under section 794.011(2)(a). In fact, appellant was convicted of

Diego Tambriz-Ramirez v. State of Florida

248 So. 3d 1087

Supreme Court of Florida | Filed: Jul 12, 2018 | Docket: 7417585

Cited 1 times | Published

an act done for a bona fide medical purpose." § 794.011(1)(h), Fla. Stat. (2009). In order to prove the

Hwang v. State

219 So. 3d 67, 2017 WL 1713682, 2017 Fla. App. LEXIS 6179

District Court of Appeal of Florida | Filed: May 3, 2017 | Docket: 60266574

Cited 1 times | Published

felony rather than a first degree felony. See § 794.011(5), Fla. Stat. (2012). No change in the lowest

Cabriano v. State

211 So. 3d 147, 2017 WL 625487, 2017 Fla. App. LEXIS 2060

District Court of Appeal of Florida | Filed: Feb 15, 2017 | Docket: 60262547

Cited 1 times | Published

older, without physical force, contrary to section 794.011(5), Florida Statutes (2013). At trial, the

Blair v. State

201 So. 3d 800, 2016 Fla. App. LEXIS 14948

District Court of Appeal of Florida | Filed: Oct 5, 2016 | Docket: 60257082

Cited 1 times | Published

or unite with the anus of [C.B.] contrary to F.S. 794.011(2).” The probable cause affidavit alleged that

W.D. v. Archdiocese of Miami, Inc. Archdiocese of Miami, a Corporation Sole Archbishop Wenski, etc.

197 So. 3d 584, 2016 WL 3065748, 2016 Fla. App. LEXIS 8343

District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3071343

Cited 1 times | Published

2010. § 95.11, Fla..Stat. (2014). Section 794.011 is the sexual battery statute/- Section, 95

Ralph Monroe v. State of Florida

191 So. 3d 395, 41 Fla. L. Weekly Supp. 192, 2016 WL 1700525, 2016 Fla. LEXIS 900, 2016 Fla. App. LEXIS 6438

Supreme Court of Florida | Filed: Apr 28, 2016 | Docket: 3059071

Cited 1 times | Published

of age when he committed the sexual battery. § 794.011(2)(a)',Fla. Stat;(2011). He was also charged with

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-INSTRUCTIONS 7.8, 7.8(A), and 11.1-11.6(A)

190 So. 3d 1055, 2016 WL 1460708

Supreme Court of Florida | Filed: Apr 14, 2016 | Docket: 3053710

Cited 1 times | Published

BATTERY — VICTIM LESS THAN 12 YEARS OF AGE § § :794.011(2)(a) .and (2)(b), Fla. Stat. To prove the

James Houston Roughton v. State of Florida

185 So. 3d 1207, 41 Fla. L. Weekly Supp. 70, 2016 Fla. LEXIS 392, 2016 WL 743245

Supreme Court of Florida | Filed: Feb 25, 2016 | Docket: 3039159

Cited 1 times | Published

against double jeopardy because 1. § 794.011(2)(a), Fla. Stat. (2008). 2. § 800.04(5)(b)

Jackson v. State

175 So. 3d 368, 2015 Fla. App. LEXIS 13764, 2015 WL 5438776

District Court of Appeal of Florida | Filed: Sep 16, 2015 | Docket: 2808040

Cited 1 times | Published

a deadly weapon based on a principal theory); § 794.011(3), Fla. Stat. (1983) (providing that a person

Patel v. State

163 So. 3d 737, 2015 Fla. App. LEXIS 6429, 2015 WL 1942903

District Court of Appeal of Florida | Filed: May 1, 2015 | Docket: 60247746

Cited 1 times | Published

penetration of another by any other object.” § 794.011(l)(h), Fla. Stat. (2011). Lewd or lascivious battery

D.J.D., a child v. State

143 So. 3d 1115, 2014 WL 3843152, 2014 Fla. App. LEXIS 12018

District Court of Appeal of Florida | Filed: Aug 6, 2014 | Docket: 844248

Cited 1 times | Published

relationship with [the woman], an adult. See § 794.011(8), Fla. Stat. (2011) (sexual battery of a child

Gilbert Dudley, III v. State of Florida

139 So. 3d 273, 39 Fla. L. Weekly Supp. 335, 2014 WL 1923782, 2014 Fla. LEXIS 1625

Supreme Court of Florida | Filed: May 15, 2014 | Docket: 57382

Cited 1 times | Published

person over the age of twelve, in violation of section 794.011(4)(e), Florida Statutes (2007), which provides

Crews v. State

130 So. 3d 698, 2013 WL 6050783, 2013 Fla. App. LEXIS 18164

District Court of Appeal of Florida | Filed: Nov 15, 2013 | Docket: 60237852

Cited 1 times | Published

J.E.’s penis in his mouth, contrary to Florida Statute 794.011(8)(b). (1 DEG FEL). (Bold added). Crews

Miller v. State

112 So. 3d 142, 2013 WL 1909000, 2013 Fla. App. LEXIS 7469

District Court of Appeal of Florida | Filed: May 9, 2013 | Docket: 60231001

Cited 1 times | Published

battery on a helpless victim, pursuant to section 794.011(4)(a), Florida Statutes (2010). The Plea of

Lakey v. State

113 So. 3d 90, 2013 WL 1844266, 2013 Fla. App. LEXIS 7150

District Court of Appeal of Florida | Filed: May 3, 2013 | Docket: 60231641

Cited 1 times | Published

vagina of the victim was penetrated by an object. § 794.011(l)(h), (8)(b), Fla. Stat. (2008); Fla. Std. Jury

Bracey v. State

109 So. 3d 311, 2013 WL 1003597, 2013 Fla. App. LEXIS 4185

District Court of Appeal of Florida | Filed: Mar 15, 2013 | Docket: 60229560

Cited 1 times | Published

Florida offense of sexual battery as defined in section 794.011(5), Florida Statutes (2010). Based on that

Henry v. State

123 So. 3d 1167, 2013 WL 950045, 2013 Fla. App. LEXIS 3954

District Court of Appeal of Florida | Filed: Mar 13, 2013 | Docket: 60234886

Cited 1 times | Published

775.082, s. 775.083, s. 775.084, ors. 794.0115. § 794.011(5), Fla. Stat. (2010). . See Brookings v. State

Drawdy v. State

98 So. 3d 165, 2012 WL 3822100, 2012 Fla. App. LEXIS 14870

District Court of Appeal of Florida | Filed: Sep 5, 2012 | Docket: 60312196

Cited 1 times | Published

part. The following statutory provisions apply: § 794.011 Sexual battery.— (l)(h) “Sexual battery” means

Durant v. State

94 So. 3d 669, 2012 WL 3235179, 2012 Fla. App. LEXIS 13363

District Court of Appeal of Florida | Filed: Aug 10, 2012 | Docket: 60310950

Cited 1 times | Published

current case, Durant was convicted of violating section 794.011(8)(a), Florida Statutes. Therefore, he would

Roughton v. State

92 So. 3d 284, 2012 WL 2864380, 2012 Fla. App. LEXIS 11396

District Court of Appeal of Florida | Filed: Jul 13, 2012 | Docket: 60310192

Cited 1 times | Published

same body parts. The criminal act under both section 794.011(2)(a) and section 800.04(5) is an intentional

In re Standard Jury Instructions in Criminal Cases—Report No. 2011-03

95 So. 3d 868, 37 Fla. L. Weekly Supp. 352, 2012 WL 2848895, 2012 Fla. LEXIS 961

Supreme Court of Florida | Filed: May 17, 2012 | Docket: 60311327

Cited 1 times | Published

convicted of Give a orb as applicable. a. [Florida Statute 794.011] [Florida Statute 800.04] [Florida Statute

T.W.R. v. State

80 So. 3d 1110, 2012 Fla. App. LEXIS 3201, 2012 WL 603551

District Court of Appeal of Florida | Filed: Feb 27, 2012 | Docket: 60305639

Cited 1 times | Published

with committing sexual battery pursuant to section 794.011(2)(b), Florida Statutes (2010). He pled guilty

State v. Rosario

78 So. 3d 688, 2012 Fla. App. LEXIS 1046, 2012 WL 245561

District Court of Appeal of Florida | Filed: Jan 27, 2012 | Docket: 430188

Cited 1 times | Published

physically helpless person in violation of section 794.011(4)(a), Florida Statutes (2008). Rosario has

State v. Dudley

64 So. 3d 746, 2011 Fla. App. LEXIS 10380, 2011 WL 2581772

District Court of Appeal of Florida | Filed: Jul 1, 2011 | Docket: 60301572

Cited 1 times | Published

knowledge that the victim was mentally defective. See § 794.011(4)(e), Fla. Stat. (2007). After the jury returned

Holt v. State

82 So. 3d 898, 2011 WL 2462818

District Court of Appeal of Florida | Filed: Jun 22, 2011 | Docket: 60306289

Cited 1 times | Published

eighteen years of age or older in violation of section 794.011(2), Florida Statutes (Supp.1992). The amended

Lawson v. State

46 So. 3d 1189, 2010 Fla. App. LEXIS 16739, 2010 WL 4366018

District Court of Appeal of Florida | Filed: Nov 5, 2010 | Docket: 60296149

Cited 1 times | Published

two counts of sexual battery in violation of section 794.011(5), Florida Statutes (1993), and one count

Watkins v. State

48 So. 3d 883, 2010 Fla. App. LEXIS 16591, 2010 WL 3984778

District Court of Appeal of Florida | Filed: Oct 13, 2010 | Docket: 60296631

Cited 1 times | Published

victim was between 12 and 18 years old, under section 794.011(8)(b), Florida Statutes. We reject appellant’s

DW v. State

34 So. 3d 149, 2010 WL 1709149

District Court of Appeal of Florida | Filed: Apr 29, 2010 | Docket: 2507445

Cited 1 times | Published

battery by digital penetration in violation of section 794.011(2)(b), Florida Statutes (2007) (Count 3 of

BLEIWEISS v. State

24 So. 3d 1215, 2009 Fla. App. LEXIS 20388, 2009 WL 5125265

District Court of Appeal of Florida | Filed: Dec 24, 2009 | Docket: 1151964

Cited 1 times | Published

charged petitioner with several violations of section 794.011(4)(g), sexual battery by a law enforcement

Davis v. State

16 So. 3d 995, 2009 Fla. App. LEXIS 12662, 34 Fla. L. Weekly Fed. D 1765

District Court of Appeal of Florida | Filed: Aug 28, 2009 | Docket: 1127103

Cited 1 times | Published

under eighteen years of age in violation of section 794.011(2)(b), Florida Statutes. The trial court sentenced

Key v. State

13 So. 3d 1113, 2009 Fla. App. LEXIS 10007, 2009 WL 2168792

District Court of Appeal of Florida | Filed: Jul 22, 2009 | Docket: 60237578

Cited 1 times | Published

likely to cause serious personal injury....” § 794.011(3), Fla. Stat. (2005). He maintains that his offense

Young v. State

15 So. 3d 819, 2009 Fla. App. LEXIS 9993, 2009 WL 2168849

District Court of Appeal of Florida | Filed: Jul 22, 2009 | Docket: 1660265

Cited 1 times | Published

three counts of attempted capital sexual battery, § 794.011(2), Fla. Stat. (2000), and two counts of incest

PITA v. State

992 So. 2d 291, 2008 WL 4223908

District Court of Appeal of Florida | Filed: Sep 17, 2008 | Docket: 100430

Cited 1 times | Published

SCHWARTZ, Senior Judge. PER CURIAM. Affirmed. See § 794.011(3), Fla. Stat. (2002); Belcher v. State, 961 So

Tarner v. State

938 So. 2d 635, 2006 Fla. App. LEXIS 16626, 2006 WL 2844225

District Court of Appeal of Florida | Filed: Oct 6, 2006 | Docket: 64847080

Cited 1 times | Published

physically helpless to resist in contravention of section 794.011(4)(a), Florida Statutes (2003). He raises several

Carter v. State

937 So. 2d 1185, 2006 WL 2570609

District Court of Appeal of Florida | Filed: Sep 8, 2006 | Docket: 459664

Cited 1 times | Published

to the charge of sexual battery defined in section 794.011, Florida Statutes.[1] Adjudication was withheld

Carter v. State

937 So. 2d 1185, 2006 WL 2570609

District Court of Appeal of Florida | Filed: Sep 8, 2006 | Docket: 459664

Cited 1 times | Published

to the charge of sexual battery defined in section 794.011, Florida Statutes.[1] Adjudication was withheld

Browning v. State

932 So. 2d 1150, 2006 WL 1667392

District Court of Appeal of Florida | Filed: Jun 16, 2006 | Docket: 2582320

Cited 1 times | Published

judgment incorrectly reflects a violation of section 794.011(8)(b), Florida Statutes (Supp.1994), when the

Fencher v. State

931 So. 2d 184, 2006 WL 1559722

District Court of Appeal of Florida | Filed: Jun 9, 2006 | Docket: 2524534

Cited 1 times | Published

GRIFFIN and MONACO, JJ., concur. NOTES [1] § 794.011(4), Fla. Stat. (2004). [2] § 810.02(2)(a), Fla

Pfoutz v. State

910 So. 2d 946, 2005 WL 2319003

District Court of Appeal of Florida | Filed: Sep 23, 2005 | Docket: 2573768

Cited 1 times | Published

child under the age of 12, in violation of section 794.011(2)(a), Florida Statutes (1999), and sentenced

Morris v. State

909 So. 2d 428, 2005 Fla. App. LEXIS 12765, 2005 WL 1991759

District Court of Appeal of Florida | Filed: Aug 19, 2005 | Docket: 64840151

Cited 1 times | Published

weapon or physical force, which is a life felony. § 794.011(3)(“A person who commits sexual battery upon a

Sheppard v. State

907 So. 2d 1259, 2005 Fla. App. LEXIS 12044, 2005 WL 1812878

District Court of Appeal of Florida | Filed: Aug 3, 2005 | Docket: 64839764

Cited 1 times | Published

first-degree felony of sexual battery in violation of section 794.011(8)(b), Florida Statutes (2002). Mr. Sheppard’s

Gresham v. State

908 So. 2d 1114, 2005 WL 1682322

District Court of Appeal of Florida | Filed: Jul 20, 2005 | Docket: 1724866

Cited 1 times | Published

penetrate the vagina of R.C., contrary to section 794.011(2)(a), Florida Statutes"; and in Count II with

Thornton v. State

884 So. 2d 276, 2004 WL 1809922

District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 1683053

Cited 1 times | Published

thus need not reach Thornton's second claim. Section 794.011(1)(h), Florida Statutes (2000), defines "sexual

Olvera v. State

870 So. 2d 927, 2004 WL 865831

District Court of Appeal of Florida | Filed: Apr 23, 2004 | Docket: 1697912

Cited 1 times | Published

NOTES [1] § 782.04, Fla. Stat. (1991). [2] § 794.011, Fla. Stat. (1991).

Black v. State

864 So. 2d 464, 2003 WL 23014384

District Court of Appeal of Florida | Filed: Dec 29, 2003 | Docket: 1426070

Cited 1 times | Published

trial, for capital sexual battery pursuant to section 794.011(2)(a), Florida Statutes (2001). Because the

State v. Brocca

842 So. 2d 291, 2003 WL 1877971

District Court of Appeal of Florida | Filed: Apr 16, 2003 | Docket: 1730520

Cited 1 times | Published

defective person over the age of twelve years. See § 794.011(4)(e), Fla. Stat. (2000).[1] By chronological

Jordan v. State

833 So. 2d 266, 2002 Fla. App. LEXIS 19162, 2002 WL 31870570

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 64819607

Cited 1 times | Published

time on one of the charges, sexual battery. See § 794.011(7), Fla. Stat. (1993). The defendant asserts that

Swanson v. State

823 So. 2d 281, 2002 WL 1815874

District Court of Appeal of Florida | Filed: Aug 9, 2002 | Docket: 1512804

Cited 1 times | Published

THOMPSON, C.J. and SAWAYA, J., concur. NOTES [1] § 794.011(2), Fla. Stat. [2] § 784.03, Fla. Stat. [3]

Hemphill v. State

820 So. 2d 405, 2002 WL 1368780

District Court of Appeal of Florida | Filed: Jun 26, 2002 | Docket: 1362408

Cited 1 times | Published

041 was repealed and reenacted as part of section 794.011, which is a statute to which the tolling provisions

Beard v. State

819 So. 2d 987, 2002 WL 1371025

District Court of Appeal of Florida | Filed: Jun 26, 2002 | Docket: 1496303

Cited 1 times | Published

WHATLEY and NORTHCUTT, JJ., Concur. NOTES [1] § 794.011(2)(a), Fla. Stat. (1993). [2] § 800.04, Fla.

JM v. State

783 So. 2d 1204, 2001 WL 434904

District Court of Appeal of Florida | Filed: May 1, 2001 | Docket: 1259633

Cited 1 times | Published

battery on a child under 12, a violation of section 794.011(2), Florida Statutes (1999). Psychological

Seccia v. State

786 So. 2d 12, 2001 WL 328562

District Court of Appeal of Florida | Filed: Apr 5, 2001 | Docket: 1681964

Cited 1 times | Published

sexual battery conviction is a capital felony. § 794.011(2)(a), Fla. Stat. (1995). It requires a sentence

Crocker v. State

752 So. 2d 615, 1999 WL 462125

District Court of Appeal of Florida | Filed: Jul 9, 1999 | Docket: 1280027

Cited 1 times | Published

familial or custodial authority in violation of section 794.011(8), Florida Statutes (1995). Crocker raises

Newman v. State

738 So. 2d 981, 24 Fla. L. Weekly Fed. D 1619

District Court of Appeal of Florida | Filed: Jul 9, 1999 | Docket: 1503206

Cited 1 times | Published

provides that "[t]he penalty for a violation of § 794.011 shall be increased" as provided thereafter. Subsection

Smith v. State

738 So. 2d 410, 1999 WL 420115

District Court of Appeal of Florida | Filed: Jun 25, 1999 | Docket: 1502783

Cited 1 times | Published

HARRIS and GOSHORN, JJ., concur. NOTES [1] § 794.011(5), Fla. Stat. (1995). [2] Art. I, § 9, Fla.

JW v. Department of Juvenile Justice

742 So. 2d 320, 1999 Fla. App. LEXIS 8177, 1999 WL 404668

District Court of Appeal of Florida | Filed: Jun 21, 1999 | Docket: 1710282

Cited 1 times | Published

adult, these offenses would be life felonies. § 794.011(2)(b), Fla. Stat. (1997). He was originally ordered

Wilburn v. State

763 So. 2d 353, 1998 WL 329475

District Court of Appeal of Florida | Filed: Jun 24, 1998 | Docket: 1278295

Cited 1 times | Published

challenges the facial constitutionality of section 794.011(4)(e), Florida Statutes (1995), as being void

Traylor v. State

710 So. 2d 172, 1998 WL 188762

District Court of Appeal of Florida | Filed: Apr 22, 1998 | Docket: 1444578

Cited 1 times | Published

with which Traylor was charged. The fact that section 794.011(3) does not always involve use of a deadly

Smith v. State

703 So. 2d 1165, 1997 WL 762513

District Court of Appeal of Florida | Filed: Dec 12, 1997 | Docket: 1704213

Cited 1 times | Published

DISMISSED. COBB and THOMPSON, JJ., concur. NOTES [1] § 794.011(3), Fla. Stat. (1993). [2] § 787.01(1)(a), Fla

Guinto v. State

693 So. 2d 46, 1997 WL 90824

District Court of Appeal of Florida | Filed: Mar 5, 1997 | Docket: 1524411

Cited 1 times | Published

(Fla. 1st DCA 1990). A sexual battery under section 794.011(3) occurs when "[a] person ... commits sexual

Mills v. State

681 So. 2d 878, 1996 Fla. App. LEXIS 11083, 1996 WL 603639

District Court of Appeal of Florida | Filed: Oct 23, 1996 | Docket: 64768473

Cited 1 times | Published

adjudicated guilty of sexual battery in violation of section 794.011(5), Florida Statutes (1993). At trial, the

Roberts v. State

677 So. 2d 1, 1996 WL 283688

District Court of Appeal of Florida | Filed: May 31, 1996 | Docket: 1266515

Cited 1 times | Published

four years. It is a scary thought. NOTES [1] § 794.011(5), Fla.Stat. (1993). [2] §§ 794.011(5); 777

Salazar v. State

662 So. 2d 1294, 1995 WL 608200

District Court of Appeal of Florida | Filed: Oct 18, 1995 | Docket: 939788

Cited 1 times | Published

under twelve years of age in violation of section 794.011(2), Florida Statutes (1993), and three counts

Standard Jury Instructions in Criminal Cases (95-1)

657 So. 2d 1152, 20 Fla. L. Weekly Supp. 338, 1995 Fla. LEXIS 1139, 1995 WL 410690

Supreme Court of Florida | Filed: Jul 13, 1995 | Docket: 64757824

Cited 1 times | Published

Sexual Battery — § 794.011(2) (page 115 of the manual); Sexual Battery — § 794.011(3) (page 117); Sexual

Glasco v. State

656 So. 2d 523, 1995 Fla. App. LEXIS 5718, 1995 WL 316333

District Court of Appeal of Florida | Filed: May 26, 1995 | Docket: 64757223

Cited 1 times | Published

, concur. . § 787.01, Fla.Stat. (1987). . § 794.011(3), Fla.Stat. (1989).

Dennis v. State

649 So. 2d 263, 1994 WL 718731

District Court of Appeal of Florida | Filed: Dec 30, 1994 | Docket: 1320662

Cited 1 times | Published

PETERSON, J., concur. NOTES [1] § 794.011(2), Fla. Stat. (1991). [2] § 794.011(2), Fla. Stat. (1991).

Gramegna v. Florida Parole Com'n

638 So. 2d 205, 1994 Fla. App. LEXIS 5423, 1994 WL 244429

District Court of Appeal of Florida | Filed: Jun 8, 1994 | Docket: 1652591

Cited 1 times | Published

involved force or nonconsent. Id. [4] Under section 794.011(8), Florida Statutes (1993), sexual activity

Brown v. State

632 So. 2d 1052, 1994 WL 3462

District Court of Appeal of Florida | Filed: Jan 7, 1994 | Docket: 371363

Cited 1 times | Published

So.2d 1088, 1089-90 (Fla. 1987)). NOTES [1] § 794.011(3), Fla. Stat. (1989), vaginal penetration in

Escoto v. State

624 So. 2d 836, 1993 WL 382991

District Court of Appeal of Florida | Filed: Oct 1, 1993 | Docket: 475226

Cited 1 times | Published

HARRIS, C.J., and PETERSON, J., concur. NOTES [1] § 794.011(2), Fla. Stat. (1989). [2] Kesler testified as

Jones v. State

600 So. 2d 1138, 1992 WL 86168

District Court of Appeal of Florida | Filed: Jun 19, 1992 | Docket: 1527806

Cited 1 times | Published

under twelve years of age in violation of section 794.011(2), Florida Statutes (1987). We reverse and

BT v. State

573 So. 2d 101, 1991 WL 570

District Court of Appeal of Florida | Filed: Jan 3, 1991 | Docket: 1518692

Cited 1 times | Published

cause serious personal injury, contrary to section 794.011(5), Florida Statutes, a second degree felony

Pulido v. State

566 So. 2d 1388, 1990 WL 138413

District Court of Appeal of Florida | Filed: Sep 25, 1990 | Docket: 1529155

Cited 1 times | Published

not likely to cause serious personal injury," § 794.011(5), Fla. Stat. (1987), which the defendant employed

Perez v. State

545 So. 2d 1357, 14 Fla. L. Weekly 320, 1989 Fla. LEXIS 625

Supreme Court of Florida | Filed: Jun 29, 1989 | Docket: 64643557

Cited 1 times | Published

1, 1975 and June 1, 1976, in violation of section 794.011(2), Florida Statutes (Supp.1974 and 1975).

Heuring v. State

539 So. 2d 590, 1989 WL 19561

District Court of Appeal of Florida | Filed: Mar 10, 1989 | Docket: 452722

Cited 1 times | Published

one count of sexual battery in violation of Section 794.011(4)(e), Florida Statutes (1983), a first degree

Simmons v. State

506 So. 2d 101, 12 Fla. L. Weekly 1193

District Court of Appeal of Florida | Filed: May 7, 1987 | Docket: 1336550

Cited 1 times | Published

REMAND. DAUKSCH and COBB, JJ., concur. NOTES [1] § 794.011(5), Fla. Stat. (1984). [2] Fla.R.Crim.P. 3.701

Tingle v. State

503 So. 2d 1304, 12 Fla. L. Weekly 578

District Court of Appeal of Florida | Filed: Feb 19, 1987 | Docket: 1733179

Cited 1 times | Published

DAUKSCH, J., concurs in conclusion only. NOTES [1] § 794.011(2), Fla. Stat. (1985). [2] § 27,3455, Fla. Stat

VanTassell v. State

498 So. 2d 649, 11 Fla. L. Weekly 2602

District Court of Appeal of Florida | Filed: Dec 10, 1986 | Docket: 1335361

Cited 1 times | Published

a person in a position of familial authority. § 794.011(4)(e), Fla. Stat. (1983). The trial court stated

Nussdorf v. State

495 So. 2d 819, 11 Fla. L. Weekly 2083

District Court of Appeal of Florida | Filed: Oct 1, 1986 | Docket: 1727647

Cited 1 times | Published

statutory section applied in the instant case, section 794.011(2), Florida Statutes (1983). "A capital offense

Hickox v. State

492 So. 2d 744, 11 Fla. L. Weekly 1661

District Court of Appeal of Florida | Filed: Jul 31, 1986 | Docket: 478313

Cited 1 times | Published

argues that since the offense charged under Section 794.011(2) is a "capital felony," appellant was entitled

Chandler v. State

490 So. 2d 221, 11 Fla. L. Weekly 1443

District Court of Appeal of Florida | Filed: Jun 25, 1986 | Docket: 1489487

Cited 1 times | Published

because it considers an element of the offense, § 794.011(3), Fla. Stat. *223 (1983) (sexual battery with

Oscar G. Estrada v. State of Florida

District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098957

Published

definitions in both the 2014 and 2022 versions of section 794.011, Florida Statutes. Thus, no fundamental error

Anthony Alexander v. State of Florida

District Court of Appeal of Florida | Filed: Jul 23, 2025 | Docket: 70890937

Published

definitions contained in the 2022 amendment to section 794.011(1)(j), Florida Statutes (2022), rather than

Selvin Vasquez-Gomez v. State of Florida

District Court of Appeal of Florida | Filed: May 28, 2025 | Docket: 70388455

Published

procedural default as the 2023 amendment to section 794.011(2)(a), Florida Statutes, does not apply retroactively

Brandon J. Bartels v. State of Florida

District Court of Appeal of Florida | Filed: May 7, 2025 | Docket: 70186680

Published

convicting Appellant under the 2022 version of section 794.011 because the term ‘female genitals’ substantively

Thomas Reaves v. State of Florida

District Court of Appeal of Florida | Filed: Apr 16, 2025 | Docket: 69899469

Published

In 2023, Reaves was charged, pursuant to section 794.011(4)(a), Florida Statutes (2005), with committing

State of Florida v. Young

District Court of Appeal of Florida | Filed: Apr 2, 2025 | Docket: 69834589

Published

in section IV, Mr. Young was charged under section 794.011(1)(h), Florida Statutes (2012), with one count

State of Florida v. Korson

District Court of Appeal of Florida | Filed: Mar 26, 2025 | Docket: 69792798

Published

Korson pleaded guilty to sexual battery under section 794.011(5), Florida Statutes (1992), and battery on

Michael Crist v. State of Florida

District Court of Appeal of Florida | Filed: Jan 10, 2025 | Docket: 69533864

Published

2002, he pled no contest to violations of section 794.011(3), Florida Statutes, (attempted sexual battery

Michael Crist v. State of Florida

District Court of Appeal of Florida | Filed: Jan 10, 2025 | Docket: 69533864

Published

2002, he pled no contest to violations of section 794.011(3), Florida Statutes, (attempted sexual battery

Scott v. State of Florida

District Court of Appeal of Florida | Filed: Jan 8, 2025 | Docket: 69525391

Published

element of the offense of sexual battery under section 794.011(5)(a), Florida Statutes, which the State must

Fogarty v. State of Florida

District Court of Appeal of Florida | Filed: Dec 18, 2024 | Docket: 69477344

Published

battery on a helpless person, a violation of section 794.011(4)(b), Florida Statutes, a first-degree felony

Debose v. State of Florida

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455315

Published

that the Colorado statute was “similar” to section 794.011(8)(b) Florida Statutes, which reads as follows:

Gianino v. State of Florida

District Court of Appeal of Florida | Filed: Dec 4, 2024 | Docket: 69435171

Published

was charged with sexual battery of a child, see § 794.011(8)(b), Florida Statutes, “evidence of the defendant’s

Florida Department of Corrections v. McMillan C. Gould

Supreme Court of Florida | Filed: Nov 14, 2024 | Docket: 69374489

Published

imposing substantive criminal liability, see § 794.011, Fla. Stat. (2014), and the incentive gain-time

Louis Mercado v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Oct 21, 2024 | Docket: 68973334

Published

Argued: Jul 24, 2024

capital sexual battery. See FLA. STAT. § 794.011(2)(a). The case proceeded to trial, and

Robert Alan McCartney v. the State of Florida

District Court of Appeal of Florida | Filed: Oct 16, 2024 | Docket: 69265875

Published

cause serious personal injury, in violation of section 794.011(3), Florida Statutes (1991), and sentenced

Croft v. State of Florida

District Court of Appeal of Florida | Filed: Aug 28, 2024 | Docket: 69101622

Published

of a physically-helpless person pursuant to section 794.011(4)(a), Florida Statutes, and sentenced to consecutive

SERRANO-DELGADO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 7, 2024 | Docket: 68448526

Published

twelve. See § 784.03(1)(a), Fla. Stat. (2020); § 794.011(2)(a), Fla. Stat. (2020); § 800.04(5)(b), Fla

Gary Flores v. State of Florida

District Court of Appeal of Florida | Filed: Jul 24, 2024 | Docket: 68972382

Published

than 12 years of age, in violation of Florida Statute 794.011(2).” The charged crime allegedly occurred

State of Florida v. Terry Hubbard

District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68950379

Published

In 1989, Hubbard was convicted of violating section 794.011(2), Florida Statutes. Because of his convictions

ANDREWS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 15, 2024 | Docket: 68529766

Published

sexual battery on a victim under twelve years old, § 794.011(2)(a), Fla. Stat. (2017-2019), and for distributing

STATE OF FLORIDA v. MARCUS NATHAN JACKSON

District Court of Appeal of Florida | Filed: Apr 12, 2024 | Docket: 68062027

Published

penetration of her vagina, in violation of section 794.011(2)(a), Florida Statutes; Count II alleged that

LUIS MORALES-ALAFFITA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 65389449

Published

less than twelve years of age in violation of section 794.011(2)(a), Florida Statutes (2020), a capital felony

VINSON KEARSE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 2, 2023 | Docket: 67657804

Published

mentally defective victim in violation of section 794.011(4)(e), one count of unlawful sexual activity

Garrett Statler v. State of Florida

Supreme Court of Florida | Filed: Oct 13, 2022 | Docket: 65420647

Published

provision of Florida’s sexual battery statute, section 794.011(5)(b), Florida Statutes (2015). We are asked

LAFE TRAVIS BEST vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 26, 2022 | Docket: 65274602

Published

convicted of, a first- degree felony under section 794.011. The trial court designated Best a sexual

DAVID MICHAEL CARNRIGHT v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 24, 2022 | Docket: 64916767

Published

sexual battery without violence, pursuant to section 794.011(5)(b), Florida Statutes. The trial court sentenced

Ngoc C. Thach v. State of Florida

Supreme Court of Florida | Filed: Jun 30, 2022 | Docket: 63560768

Published

essential element of the offenses as charged. See § 794.011(1)(h), Fla. Stat. (2017). 1. We have

BRYAN SHANE TEET vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 14, 2022 | Docket: 59992811

Published

familial or custodial authority, in violation of section 794.011(8)(b), Florida Statutes (2017). He argues,

MICHAEL PHILLIP FUSCO vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 8, 2022 | Docket: 60698410

Published

sentence on the charge of sexual battery under section 794.011(5)(b), Florida Statutes (2019). We affirm

KELLY PETERSON MILLIEN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 2, 2022 | Docket: 63127636

Published

d. section 794.011, Florida Statutes, (sexual battery), excluding section 794.011(10);

NIMER ABDALLAH v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 22, 2021 | Docket: 61637658

Published

Abdallah with two felony counts: (i) violating section 794.011(4)(b) of the Florida Statutes by his digital

Henry James Washington v. State of Florida

District Court of Appeal of Florida | Filed: Sep 29, 2021 | Docket: 60498292

Published

for a first- degree felony conviction under section 794.011(5), Florida Statutes, when the version of the

RAUL MONTANEZ-HERNANDEZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 24, 2021 | Docket: 60451669

Published

Siracusa, Judge. PER CURIAM. Affirmed. See § 794.011(8)(b), Fla. Stat. (2015); State v. J.A.R., 318

Reggie Eugene Allen v. State of Florida

Supreme Court of Florida | Filed: Sep 23, 2021 | Docket: 60416616

Published

IN ERROR IN CLASSIFYING SEXUAL BATTERY (§ 794.011(5)) AS A NECESSARILY LESSER INCLUDED OFFENSE

State of Florida v. Brian K. McKenzie

Supreme Court of Florida | Filed: Sep 23, 2021 | Docket: 60416614

Published

familial or custodial authority, in violation of section 794.011(8)(b), Florida Statutes (2002). In accordance

Reggie Eugene Allen v. State of Florida

Supreme Court of Florida | Filed: Sep 2, 2021 | Docket: 60333805

Published

IN ERROR IN CLASSIFYING SEXUAL BATTERY (§ 794.011(5)) AS A NECESSARILY LESSER INCLUDED OFFENSE

ROMAN CABRIANO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 18, 2021 | Docket: 60199084

Published

physical force or violence in violation of section 794.011(5), Florida Statutes. The victim, who was a

MICHAEL ANTHONY PRENTICE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 2, 2021 | Docket: 59954653

Published

with attempted sexual battery in violation of section 794.011(2), Florida Statutes (2016) (the pertinent

MARLON TERRANCE MURPHY v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 5, 2021 | Docket: 59882185

Published

single count of sexual battery, in violation of section 794.011(5), Florida Statutes. Prior to trial, the

CHANNING ALBERTO STEWART v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 28, 2021 | Docket: 59860115

Published

than twelve years of age, in violation of section 794.011(2)(b), Florida Statutes (2014). He accepted

MICHAEL ANTHONY PRENTICE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 17, 2021 | Docket: 59295950

Published

with attempted sexual battery in violation of section 794.011(2), Florida Statutes (2016) (the pertinent

DANI SHIMON v. R.B.

District Court of Appeal of Florida | Filed: Feb 3, 2021 | Docket: 59053878

Published

originally classified this action as a violation of section 794.011(4), Florida Statutes (2019). Because R.B. reported

Ngoc C. Thach v. State of Florida

District Court of Appeal of Florida | Filed: Sep 24, 2020 | Docket: 18471182

Published

sexual battery involving a child under 12, see § 794.011(2)(a), Fla. Stat., and two counts of sexual battery

JOSE REYNA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 26, 2020 | Docket: 17479791

Published

with three counts of sexual battery under section 794.011(5)(b), Florida Statutes (2015), by a person

Anthony Barritt v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Aug 4, 2020 | Docket: 17413639

Published

a child less than 12 years of age. Fla. Stat. § 794.011(8)(c).

HAROLD HUNT v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 3, 2020 | Docket: 17218383

Published

sexual battery upon a child are capital felonies, § 794.011(2)(a), Fla. Stat. (2011), and his conviction for

United States v. Andres Gomez

Court of Appeals for the Eleventh Circuit | Filed: Apr 14, 2020 | Docket: 17067198

Published

with threat to retaliate, in violation of Fla. Stat. 794.011(4)(b), which is a first 1

KIANTE AHMAD JACKSON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 22, 2020 | Docket: 16738438

Published

crime being charged. Cf. id. (“By referencing section 794.011(3), which specifically defines all the elements

DONALD LEE CASSADAY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 15, 2020 | Docket: 16695556

Published

battery on a helpless person, pursuant to section 794.011(4)(b), Florida Statutes. Appellant argues that

Robert O. Simmons v. State of Florida

District Court of Appeal of Florida | Filed: Oct 17, 2019 | Docket: 16344964

Published

convicted of a first- degree felony violation of section 794.011(4)(b), Florida Statutes, for an offense occurring

NATHAN S. THORNTON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 24, 2019 | Docket: 15960206

Published

ninety-year sentences. Pursuant to section 794.011(3), Florida Statutes (1989), sexual battery

GREGORY C. WEAVER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 29, 2019 | Docket: 15688802

Published

se. PER CURIAM. Affirmed. See § 794.011(3), Fla. Stat. (2011); Sheppard v. State, 907

GREGORY C. WEAVER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 29, 2019 | Docket: 15688802

Published

se. PER CURIAM. Affirmed. See § 794.011(3), Fla. Stat. (2011); Sheppard v. State, 907

FRANCISCO XAVIER DE ARAGON II v. STATE OF FLORIDA

273 So. 3d 26

District Court of Appeal of Florida | Filed: May 22, 2019 | Docket: 15658410

Published

the conclusive presumption embodied within section 794.011(2)(a), Florida Statutes (2014), as instructive:

McKenzie v. State

272 So. 3d 808

District Court of Appeal of Florida | Filed: May 10, 2019 | Docket: 64715390

Published

familial or custodial authority, in violation of section 794.011(8)(b), Florida Statutes (2009). Pursuant to

State v. Griffin

268 So. 3d 929

District Court of Appeal of Florida | Filed: Apr 18, 2019 | Docket: 64711824

Published

battery and incest are general intent crimes. See § 794.011(8)(b) ; § 826.04 ; Olenchak v. State, 183 So.3d

State v. Griffin

268 So. 3d 929

District Court of Appeal of Florida | Filed: Apr 18, 2019 | Docket: 64711823

Published

battery and incest are general intent crimes. See § 794.011(8)(b) ; § 826.04 ; Olenchak v. State, 183 So.3d

Steven Earl Kimmons v. State of Florida

267 So. 3d 1082

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865372

Published

battery upon a mentally defective victim. 2 See § 794.011(4) & (5), Fla. Stat. (2014). Kimmons

MARK J. DEDOMINICIS v. STATE OF FLORIDA

267 So. 3d 422

District Court of Appeal of Florida | Filed: Mar 20, 2019 | Docket: 14752828

Published

the defendant was “18 years of age or older.” § 794.011(2)(a), Fla. Stat. (2013). We reversed the

Darrion R. Kitchen v. State of Florida

266 So. 3d 265

District Court of Appeal of Florida | Filed: Mar 13, 2019 | Docket: 14693126

Published

twelve years of age or older as prohibited by section 794.011(5), Florida Statutes. However, the State did

STATE OF FLORIDA v. PASCAL ESTIME

259 So. 3d 884

District Court of Appeal of Florida | Filed: Dec 19, 2018 | Docket: 8431890

Published

on a mentally defective person pursuant to section 794.011(4)(a) and (e)5., Florida Statutes, based on

Graham v. State

260 So. 3d 475

District Court of Appeal of Florida | Filed: Dec 5, 2018 | Docket: 64699776

Published

two counts of capital sexual battery under section 794.011(2)(a), Florida Statutes (2015). Finding no

Graham v. State

260 So. 3d 475

District Court of Appeal of Florida | Filed: Dec 5, 2018 | Docket: 64699775

Published

two counts of capital sexual battery under section 794.011(2)(a), Florida Statutes (2015). Finding no

JOHNNY GRAHAM, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 5, 2018 | Docket: 8346776

Published

two counts of capital sexual battery under section 794.011(2)(a), Florida Statutes (2015). Finding no

Wilson Brandon Scott v. State of Florida

258 So. 3d 548

District Court of Appeal of Florida | Filed: Nov 6, 2018 | Docket: 8140337

Published

sentenced him to a first degree felony under section 794.011(5)(a), Florida Statutes, and improperly assessed

JAMES AMELIO v. STATE OF FLORIDA

253 So. 3d 1150

District Court of Appeal of Florida | Filed: Aug 15, 2018 | Docket: 7664432

Published

circumstances under paragraphs (b) and (e) of section 794.011(4), Florida Statutes (2015). The Defendant

Christopher J. Mars v. State of Florida

251 So. 3d 339

District Court of Appeal of Florida | Filed: Aug 3, 2018 | Docket: 7587960

Published

likely to cause serious personal injury under section 794.011(5)(a), Florida Statutes. Appellant was also

AL LEGETT BURGESS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 7511629

Published

conviction for sexual battery upon a child under section 794.011(2)(a). In fact, appellant was convicted of

Dylan Robinson v. State of Florida

241 So. 3d 972

District Court of Appeal of Florida | Filed: Apr 5, 2018 | Docket: 6355439

Published

defined to include “great bodily harm or pain.” § 794.011(1)(g), Fla. Stat. (2014). In other words, Robinson

Loor v. State

240 So. 3d 136

District Court of Appeal of Florida | Filed: Mar 14, 2018 | Docket: 6333484

Published

less than twelve (12) years of age under section 794.011(2), Florida Statutes (2012). Both counts

GUARDIAN AD LITEM PROGRAM v. DEPT. OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Feb 9, 2018 | Docket: 6302663

Published

result of a sexual battery made unlawful by section 794.011, Florida Statutes, under section 39.806(1)(m)

Richards v. State

237 So. 3d 426

District Court of Appeal of Florida | Filed: Jan 26, 2018 | Docket: 64673083

Published

(holding that charging document which referenced section 794.011(3), Florida Statutes (1983), put defendant

Bentley v. State

District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240849

Published

(reversing conviction for sexual battery (under section 794.011) because the State failed to prove lack of

FRANCISCO HENRY v. STATE OF FLORIDA

229 So. 3d 390

District Court of Appeal of Florida | Filed: Nov 1, 2017 | Docket: 6183884

Published

pertinent statutory provisions are found in section 794.011, Florida Statutes (2010). (l)(h) “Sexual

Rodriguez v. State

230 So. 3d 1249

District Court of Appeal of Florida | Filed: Oct 25, 2017 | Docket: 6179298

Published

less than 12 years of age, in violation of section 794.011(2), Florida Statutes (2013). The jury returned

Brown v. State

District Court of Appeal of Florida | Filed: Oct 18, 2017 | Docket: 6171792

Published

of sexual battery without serious injury (section 794.011(5)(a), Florida Statutes) and one count of incest

Matias v. State

228 So. 3d 677, 2017 WL 4518529

District Court of Appeal of Florida | Filed: Oct 11, 2017 | Docket: 6167375

Published

the sexual battery, which is a life felony, see § 794.011, Fla. Stat. (2003), twenty years in prison followed

Ralph Flint, III v. State of Florida

227 So. 3d 759, 2017 WL 4449458

District Court of Appeal of Florida | Filed: Oct 6, 2017 | Docket: 6165234

Published

appellant’s three convictions for violating section 794.011(5), Florida Statutes (2010), do not qualify

Fleming v. State

227 So. 3d 1254, 2017 WL 4272109

District Court of Appeal of Florida | Filed: Sep 27, 2017 | Docket: 6159057

Published

proof adduced at trial.” § 775.021(4)(a). Section 794.011(l)(h), Florida Statutes (2014), defines sexual

Carlos J. Acevedo v. State of Florida

218 So. 3d 878, 42 Fla. L. Weekly Supp. 601, 2017 WL 2210387, 2017 Fla. LEXIS 1236

Supreme Court of Florida | Filed: May 18, 2017 | Docket: 6063849

Published

convicted of a violation of section 787.025; section 794.011(2), (3), (4), (5), or (8); section 800.04(4)

& SC16-399 Matthew Lee Caylor v. State of Florida and Matthew Lee Caylor v. Julie L. Jones, etc.

218 So. 3d 416

Supreme Court of Florida | Filed: May 18, 2017 | Docket: 6063850

Published

sexual battery involving great physical force, see § 794.011(3), Fla. Stat. (2008), and aggravated child abuse

Joe Wayne Bell v. State of Florida

219 So. 3d 221, 2017 WL 2130236, 2017 Fla. App. LEXIS 6941

District Court of Appeal of Florida | Filed: May 16, 2017 | Docket: 6067436

Published

serious personal injury is a life felony. See § 794.011(3), Fla. Stat. (1995). While it is true that the

Jones v. State

214 So. 3d 774, 2017 WL 1175882, 2017 Fla. App. LEXIS 4161

District Court of Appeal of Florida | Filed: Mar 29, 2017 | Docket: 60264232

Published

error. Sexual battery is a second degree felony. § 794.011(5), Fla. Stat. (2010). Second degree felonies

Stuckey v. Jones

226 F. Supp. 3d 1298, 2016 WL 7444955, 2016 U.S. Dist. LEXIS 178844

District Court, N.D. Florida | Filed: Dec 27, 2016 | Docket: 64312008

Published

or older, a capital felony, in violation of section 794.011(2)(a), Florida Statutes, in connection with

Guzman v. State

211 So. 3d 204, 2016 Fla. App. LEXIS 18675

District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 4555834

Published

2004 information charged sexual battery under section 794.011(3), based on the rape; no choking was alleged

Mathis v. State

204 So. 3d 104, 2016 Fla. App. LEXIS 16914

District Court of Appeal of Florida | Filed: Nov 14, 2016 | Docket: 63630512

Published

offenses charged under subsections (3)-and (4)_” Section 794.011(5), Florida Statutes (2007), provides that

Whitfield v. Department of Corrections

202 So. 3d 116, 2016 Fla. App. LEXIS 15203

District Court of Appeal of Florida | Filed: Oct 14, 2016 | Docket: 4481311

Published

defective. Whitfield was charged with violating section 794,011(3), Florida Statutes (2012), which makes it

Floyd v. State

202 So. 3d 137, 2016 Fla. App. LEXIS 15258

District Court of Appeal of Florida | Filed: Oct 14, 2016 | Docket: 4479207

Published

Mr. Floyd with sexual battery. See § 794.011, Fla. Stat. (2011). At trial, the victim

Kenneth Alfred Bicking, III v. State of Florida

200 So. 3d 799, 2016 Fla. App. LEXIS 15046, 2016 WL 5874420

District Court of Appeal of Florida | Filed: Oct 7, 2016 | Docket: 4480300

Published

(Count 1) armed sexual battery, in violation of section 794.011(8), Florida Statutes, and (Count 2) kidnapping

John Doe 1 v. Miami-Dade County

838 F.3d 1050, 2016 U.S. App. LEXIS 17385, 2016 WL 5334979

Court of Appeals for the Eleventh Circuit | Filed: Sep 23, 2016 | Docket: 4425021

Published

“Sexual offense” means a conviction under Section 794.011, 800.04, 827.071, 847.0135(5) or 847.0145,

2D13-2712 / Shrader v. State

District Court of Appeal of Florida | Filed: Sep 7, 2016 | Docket: 4422990

Published

cause serious personal injury, a violation of section 794.011(3), Florida Statutes (1985); and one count

Patrick Hawkins v. State of Florida

195 So. 3d 1196, 2016 Fla. App. LEXIS 11007, 2016 WL 3882710

District Court of Appeal of Florida | Filed: Jul 18, 2016 | Docket: 4113587

Published

committed on October 16, 1996. See § 794.011(3), Fla. Stat. (1995) (providing that sexual battery

Vernord Lavon Bright v. State of Florida

191 So. 3d 497, 2016 WL 1437769, 2016 Fla. App. LEXIS 5543

District Court of Appeal of Florida | Filed: Apr 12, 2016 | Docket: 3052601

Published

111 So.3d 212, 213 (Fla. 1st DCA 2013). Section 794.011(3), Florida Statutes (2014), provides that

Guardian Ad Litem Program v. M.H., the Father, and W.S., the Mother

184 So. 3d 1253, 2016 Fla. App. LEXIS 2286, 2016 WL 625830

District Court of Appeal of Florida | Filed: Feb 17, 2016 | Docket: 3036656

Published

determination of guilt (by plea or trial) under section 794.011, or any similar statute in another jurisdiction

Stephen Olenchak v. State of Florida

183 So. 3d 1227, 2016 Fla. App. LEXIS 712, 2016 WL 231371

District Court of Appeal of Florida | Filed: Jan 20, 2016 | Docket: 3029481

Published

twelve years of age or older in violation of section 794.011(5), Florida Statutes (2012), as a lesser included

Netrievae White v. State of Florida

183 So. 3d 1168, 2016 Fla. App. LEXIS 223, 2016 WL 67359

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026037

Published

than 12 years of age commits a capital felony.” § 794,011(2)(a), Fla. Stat. (2013). “[T]he age of the defendant

Stephen C. Hanf v. State of Florida

182 So. 3d 704

District Court of Appeal of Florida | Filed: Dec 17, 2015 | Docket: 3022389

Published

by a mandatory sentence of life imprisonment. § 794.011(2)(a), Fla. Stat. (2011).

Moises Cascante v. State of Florida

181 So. 3d 1209, 2015 Fla. App. LEXIS 18402, 2015 WL 8295335

District Court of Appeal of Florida | Filed: Dec 9, 2015 | Docket: 3019339

Published

defendant eighteen years or older, pursuant to section 794.011(2)(a), Florida Statutes (2007). He claims that

Markus Leon Brown v. State of Florida

179 So. 3d 466, 2015 Fla. App. LEXIS 17320, 2015 WL 7266557

District Court of Appeal of Florida | Filed: Nov 18, 2015 | Docket: 3013619

Published

position of familial authority in violation of Section 794.011(8)(b), Florida Statutes (1997). The State alleged

Charles Osborn v. State of Florida

177 So. 3d 1034

District Court of Appeal of Florida | Filed: Nov 2, 2015 | Docket: 3009228

Published

another by any other object” without consent. ' § 794.011(l)(h), (5)(a)-(c), Fla. Stat. (2002). Furthermore

Carlos J. Acevedo v. State of Florida

174 So. 3d 437, 2015 Fla. App. LEXIS 11397, 2015 WL 4549626

District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679174

Published

The defendant was convicted of violating section 794.011(8)(a), Florida Statutes (2012), for “committing

Kirby v. State

198 So. 3d 15, 2015 Fla. App. LEXIS 10481, 2015 WL 4154172

District Court of Appeal of Florida | Filed: Jul 10, 2015 | Docket: 2679108

Published

prison for a life felony in contravention of section 794.011(3), Florida Statutes (1999), which required

Kirby v. State

198 So. 3d 15, 2015 Fla. App. LEXIS 10481, 2015 WL 4154172

District Court of Appeal of Florida | Filed: Jul 10, 2015 | Docket: 2679108

Published

prison for a life felony in contravention of section 794.011(3), Florida Statutes (1999), which required

Myron J. Montgomery v. State of Florida

183 So. 3d 1042, 2015 Fla. App. LEXIS 5502, 2015 WL 1666740

District Court of Appeal of Florida | Filed: Apr 15, 2015 | Docket: 2679393

Published

Florida statute governing sexual battery, section 794.011 of the Florida Statutes, is narrower in scope

McNeil v. State

162 So. 3d 274, 2015 WL 1071158

District Court of Appeal of Florida | Filed: Mar 13, 2015 | Docket: 60247467

Published

under the age of eighteen in violation of section 794.011(2), Florida Statutes (2006), which requires

State v. Miller

159 So. 3d 184, 2015 Fla. App. LEXIS 1563, 2015 WL 477599

District Court of Appeal of Florida | Filed: Feb 6, 2015 | Docket: 60246515

Published

battery without personal injury, in violation of section 794.011(5), Florida Statutes (2012). We have jurisdiction

In Re: Standard Jury Instructions in Criminal Cases – Report No. 2014-03

156 So. 3d 1037, 2015 WL 358011

Supreme Court of Florida | Filed: Jan 29, 2015 | Docket: 2629104

Published

THAN 12 YEARS OF AGE § 794.011(2), Fla. Stat. To prove the crime of Sexual

In re Standard Jury Instructions in Criminal Cases

156 So. 3d 1037

Supreme Court of Florida | Filed: Jan 29, 2015 | Docket: 60294043

Published

OF AGE OR OLDER — GREAT FORCE OR DEADLY WEAPON § 794.011(3), Fla. Stat. To prove the crime of Sexual Battery

Cravelyn Hooker v. State

152 So. 3d 799, 2014 Fla. App. LEXIS 20087, 2014 WL 6910831

District Court of Appeal of Florida | Filed: Dec 10, 2014 | Docket: 2613289

Published

with a form of sexual battery contrary to section 794.011(8)(b), Florida Statutes (2010). After a jury

Stewart v. State

147 So. 3d 119, 2014 Fla. App. LEXIS 13089, 2014 WL 4114339

District Court of Appeal of Florida | Filed: Aug 22, 2014 | Docket: 60243117

Published

position of familial authority contrary to section 794.011(8)(b), Fla. Stat. (2010). On appeal, he argues

Garcia v. State

143 So. 3d 1105, 2014 Fla. App. LEXIS 11779, 2014 WL 3765447

District Court of Appeal of Florida | Filed: Aug 1, 2014 | Docket: 464142

Published

less than twelve years of age. See § 794.011(2)(a), Fla. Stat. (2011). The information also

Mike v. State

155 So. 3d 1154, 2014 WL 2589201, 2014 Fla. App. LEXIS 8850

District Court of Appeal of Florida | Filed: Jun 11, 2014 | Docket: 60245577

Published

was convicted of first-degree felonies under section 794.011(8)(b), Florida Statutes (2011). This is not

Casica v. State

138 So. 3d 1093, 2014 WL 1796062, 2014 Fla. App. LEXIS 6714

District Court of Appeal of Florida | Filed: May 7, 2014 | Docket: 60240466

Published

battery, which he asserts was in violation of section 794.011(3), Florida Statutes (2005). The trial court

Cooper v. State

137 So. 3d 530, 2014 WL 1301510, 2014 Fla. App. LEXIS 4782

District Court of Appeal of Florida | Filed: Apr 2, 2014 | Docket: 60240350

Published

(2008) (referring, only to prosecutions under section 794.011, the sexual battery statute); Lewis v. State

Ramirez v. State

133 So. 3d 648, 2014 WL 996524, 2014 Fla. App. LEXIS 3604

District Court of Appeal of Florida | Filed: Mar 14, 2014 | Docket: 60238866

Published

arrested and charged with sexual battery under section 794.011(2)(a), Florida Statutes, for “placing his fingers

Philyaw v. State

161 So. 3d 415, 2014 Fla. App. LEXIS 2372, 2014 WL 656655

District Court of Appeal of Florida | Filed: Feb 21, 2014 | Docket: 60247132

Published

under twelve years of age in violation of section 794.011(2), Florida Statutes (count I), and two counts

Gutierrez v. State

133 So. 3d 1123

District Court of Appeal of Florida | Filed: Feb 14, 2014 | Docket: 60238691

Published

him guilty of sexual battery, pursuant to section 794.011(5), Florida Statutes (2010). He raises three

Moseley v. State

129 So. 3d 492, 2014 WL 54673, 2014 Fla. App. LEXIS 127

District Court of Appeal of Florida | Filed: Jan 8, 2014 | Docket: 60237420

Published

on a person less than twelve years of age. See § 794.011(2)(a), Fla. Stat. (2009). Pursuant to negotiations

United States v. Raul Dagoberto Contreras

739 F.3d 592, 2014 WL 19856

Court of Appeals for the Eleventh Circuit | Filed: Jan 2, 2014 | Docket: 111671

Published

sexual battery under Florida law, Fla. Stat. § 794.011(5), is a “crime of violence” under United States

In re Standard Jury Instructions in Criminal Cases-Instruction 11.16(A)

116 So. 3d 1223, 2013 Fla. LEXIS 1931, 2013 WL 3064823

Supreme Court of Florida | Filed: Jun 20, 2013 | Docket: 60232302

Published

794.0115(2) — i.e., section 787.025(2)(c); section 794.011(2), (3), (4), (5), or (8); section 800.04(4)

Matos v. State

111 So. 3d 964, 2013 WL 1775547, 2013 Fla. App. LEXIS 6734

District Court of Appeal of Florida | Filed: Apr 26, 2013 | Docket: 60230930

Published

one count of sexual battery in violation of section 794.011(4), Florida Statutes (1997), alleging that

State v. Baez-Delarosa

107 So. 3d 1205, 2013 WL 645533, 2013 Fla. App. LEXIS 2955

District Court of Appeal of Florida | Filed: Feb 22, 2013 | Docket: 60228594

Published

custodial authority to the child, in violation of section 794.011(8)(b), Florida Statutes; one count of tampering

State v. Baez-Delarosa

107 So. 3d 1205, 2013 WL 645533, 2013 Fla. App. LEXIS 2955

District Court of Appeal of Florida | Filed: Feb 22, 2013 | Docket: 60228594

Published

custodial authority to the child, in violation of section 794.011(8)(b), Florida Statutes; one count of tampering

Cramer v. State

103 So. 3d 1039, 2012 Fla. App. LEXIS 22147, 2012 WL 6719476

District Court of Appeal of Florida | Filed: Dec 28, 2012 | Docket: 60226858

Published

GRIFFIN, SAWAYA and PALMER, JJ., concur. . § 794.011(2), Fla. Stat. (1995). . § 800.04(4), Fla. Stat

Frison v. State

100 So. 3d 1252, 2012 Fla. App. LEXIS 19846, 2012 WL 5621241

District Court of Appeal of Florida | Filed: Nov 16, 2012 | Docket: 60225608

Published

sexual battery with a deadly weapon pursuant to section 794.011(3), Florida Statutes (1987).1 In 2011, he filed

Moulton v. State

113 So. 3d 866, 2012 WL 2054115, 2012 Fla. App. LEXIS 9189

District Court of Appeal of Florida | Filed: Jun 8, 2012 | Docket: 60231625

Published

three counts of attempted capital sexual battery, § 794.011, Fla. Stat. (2007), and three counts of contributing

Almond v. State

89 So. 3d 1056, 2012 WL 1959380, 2012 Fla. App. LEXIS 8805

District Court of Appeal of Florida | Filed: Jun 1, 2012 | Docket: 60308502

Published

Affirmed. KHOUZAM and MORRIS, JJ., Concur. . § 794.011(3), Fla. Stat. (1996). . § 810.02(2)(a), Fla

Reyes v. State

83 So. 3d 974, 2012 WL 934123, 2012 Fla. App. LEXIS 4445

District Court of Appeal of Florida | Filed: Mar 21, 2012 | Docket: 2413730

Published

counts of sexual battery, in violation of section 794.011(3), Florida Statutes (2009), life felonies;

Department of Children & Families v. P.F.

107 So. 3d 1123, 2013 WL 645321

District Court of Appeal of Florida | Filed: Feb 18, 2012 | Docket: 60228559

Published

concealing minors contrary to court order; b. Section 794.011, relating to sexual battery; c. Section 798

Erlsten v. State

78 So. 3d 60, 2012 Fla. App. LEXIS 514, 2012 WL 126204

District Court of Appeal of Florida | Filed: Jan 18, 2012 | Docket: 60305081

Published

constitutes the crime of sexual battery under section 794.011.” The information in dozens charged that the

Espinoza-Montes v. State

113 So. 3d 847, 2011 Fla. App. LEXIS 20062, 2011 WL 6265580

District Court of Appeal of Florida | Filed: Dec 16, 2011 | Docket: 60231612

Published

Statutes (2008). The information alleged under section 794.011(3) that Mr. Espinoza-Montes “used or threatened

Fleming v. State

75 So. 3d 397, 2011 Fla. App. LEXIS 19171, 2011 WL 6003291

District Court of Appeal of Florida | Filed: Dec 2, 2011 | Docket: 60303741

Published

of a violation of [a sexual battery under section 794.011(3) ] ... which offense the person committed

Bevans v. State

75 So. 3d 345, 2011 Fla. App. LEXIS 18127, 2011 WL 5561292

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 2357689

Published

less than twelve years old, in violation of section 794.011(2)(a), Florida Statutes (1999). He later challenged

Dobie v. State

65 So. 3d 140, 2011 Fla. App. LEXIS 10570, 2011 WL 2638182

District Court of Appeal of Florida | Filed: Jul 7, 2011 | Docket: 60301679

Published

penetration in order to prove sexual battery. See § 794.011(l)(h), Fla. Stat. (defining sexual battery as

Roca v. State

58 So. 3d 384, 2011 Fla. App. LEXIS 4866, 2011 WL 1331547

District Court of Appeal of Florida | Filed: Apr 8, 2011 | Docket: 60299343

Published

787.01(2), 794.023(2)(a), Fla. Stat. (1991); § 794.011(5), Fla. Stat. (Supp.1992). The trial court sentenced

Myles v. State

54 So. 3d 509, 2010 Fla. App. LEXIS 19105, 2010 WL 5093168

District Court of Appeal of Florida | Filed: Dec 15, 2010 | Docket: 60298299

Published

sexual battery with a knife in violation of section 794.011(3) of the Florida Statutes (2001), kidnapping

Wise v. State

48 So. 3d 203, 2010 Fla. App. LEXIS 18330, 2010 WL 4861510

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 60296537

Published

counts of armed sexual battery, pursuant to section 794.011(3), Florida Statutes (2006),4 and (b) one count

K.J.F. v. State

44 So. 3d 1204, 2010 Fla. App. LEXIS 14532

District Court of Appeal of Florida | Filed: Sep 30, 2010 | Docket: 60295550

Published

age or older at the time of the offense: (I) Section 794.011, excluding s. 794.011(10); (II) Section 800

Marrero v. State

43 So. 3d 144, 2010 Fla. App. LEXIS 12387, 2010 WL 3324429

District Court of Appeal of Florida | Filed: Aug 25, 2010 | Docket: 2589563

Published

is moot. Affirmed as modified. NOTES [1] See § 794.011(3), Fla. Stat. (2005). The crime date was April

United States v. Donald Ray Harris

Court of Appeals for the Eleventh Circuit | Filed: Jun 16, 2010 | Docket: 2907259

Published

6 also provided that “[u]nder § 794.011(1)(h), ‘Sexual battery means oral, anal, or vaginal

D.W. v. State

34 So. 3d 149, 2010 Fla. App. LEXIS 5885

District Court of Appeal of Florida | Filed: Apr 29, 2010 | Docket: 60289994

Published

battery by digital penetration in violation of section 794.011(2)(b), Florida Statutes (2007) (Count 3 of

Baker v. McNeil

711 F. Supp. 2d 1313, 2010 U.S. Dist. LEXIS 45133, 2010 WL 1380166

District Court, N.D. Florida | Filed: Mar 31, 2010 | Docket: 2404142

Published

or union with, the sexual organ." Fla. Stat. § 794.011(1)(h) (1997). The witness provided the only evidence

LaVALLEY v. State

30 So. 3d 513, 2010 Fla. App. LEXIS 3910, 2009 WL 4874760

District Court of Appeal of Florida | Filed: Mar 26, 2010 | Docket: 1639536

Published

opinion in which SAWAYA and COHEN, JJ., concur. . § 794.011(l)(h) & (8)(b), Fla. Stat. (2006). . § 800.04(5)(a)

Harvey v. State

17 So. 3d 890, 2009 Fla. App. LEXIS 13748, 34 Fla. L. Weekly Fed. D 1888

District Court of Appeal of Florida | Filed: Sep 16, 2009 | Docket: 1644426

Published

the statute, among which are violations of section 794.011, excluding subsection 794.011(10). § 943.0435(1)(a)1

Frank v. State

23 So. 3d 129, 2009 Fla. App. LEXIS 12671, 2009 WL 2632225

District Court of Appeal of Florida | Filed: Aug 28, 2009 | Docket: 1657786

Published

one count of capital sexual battery under section 794.011, Florida Statutes, and one count of Lewd and

BOZZUTO v. State

14 So. 3d 257, 2009 Fla. App. LEXIS 10089, 2009 WL 2190220

District Court of Appeal of Florida | Filed: Jul 24, 2009 | Docket: 2588901

Published

child under the age of twelve in violation of section 794.011(2), Florida Statutes. At sentencing, Bozzuto

Leland v. State

7 So. 3d 616, 2009 Fla. App. LEXIS 2725, 2009 WL 875828

District Court of Appeal of Florida | Filed: Apr 3, 2009 | Docket: 527373

Published

these acts constitute a sexual battery under section 794.011 or a lewd or lascivious offense under section

Pringle v. State

6 So. 3d 673, 2009 Fla. App. LEXIS 2193, 2009 WL 633197

District Court of Appeal of Florida | Filed: Mar 13, 2009 | Docket: 60299795

Published

older, a second-degree felony violation of section 794.011(5), Florida Statutes (2006); and lewd and lascivious

Pringle v. State

6 So. 3d 673, 2009 Fla. App. LEXIS 2193, 2009 WL 633197

District Court of Appeal of Florida | Filed: Mar 13, 2009 | Docket: 60299795

Published

older, a second-degree felony violation of section 794.011(5), Florida Statutes (2006); and lewd and lascivious

Lee v. State

1 So. 3d 1234, 2009 Fla. App. LEXIS 1057, 2009 WL 331663

District Court of Appeal of Florida | Filed: Feb 10, 2009 | Docket: 1412919

Published

the age of twelve, a first-degree felony. See § 794.011, Fla. Stat. (1993). The written judgments incorrectly

State v. HAUBRICK

997 So. 2d 1228, 2008 WL 5411715

District Court of Appeal of Florida | Filed: Dec 31, 2008 | Docket: 1721163

Published

Criminal Procedure 3.190(c)(4). The order quoted section 794.011(6), Florida Statutes, as providing that "the

Darville v. State

995 So. 2d 1025, 2008 Fla. App. LEXIS 16785, 2008 WL 4722762

District Court of Appeal of Florida | Filed: Oct 29, 2008 | Docket: 64856916

Published

penetration of another by any other object.” § 794.011(l)(h), Fla. Stat. (2007). Lewd and lascivious

Pita v. State

992 So. 2d 291, 2008 Fla. App. LEXIS 14205

District Court of Appeal of Florida | Filed: Sep 17, 2008 | Docket: 64855777

Published

PER CURIAM. Affirmed. See § 794.011(3), Fla. Stat. (2002); Belcher v. State, 961 So.2d 239, 256 (Fla

Pita v. State

992 So. 2d 291, 2008 Fla. App. LEXIS 14205

District Court of Appeal of Florida | Filed: Sep 17, 2008 | Docket: 64855777

Published

PER CURIAM. Affirmed. See § 794.011(3), Fla. Stat. (2002); Belcher v. State, 961 So.2d 239, 256 (Fla

Bruce v. State

988 So. 2d 715, 2008 Fla. App. LEXIS 15049, 2008 WL 3850372

District Court of Appeal of Florida | Filed: Aug 20, 2008 | Docket: 64855498

Published

a defendant who is convicted of violating section 794.011(3) (sexual battery with a deadly weapon or

Cabrera v. State

988 So. 2d 1190, 2008 Fla. App. LEXIS 11879, 2008 WL 3154303

District Court of Appeal of Florida | Filed: Aug 8, 2008 | Docket: 64855553

Published

incapable of appraising the nature of her conduct. § 794.011(l)(b),(4)(e), Fla. Stat. (2003). This is one of

Cabrera v. State

988 So. 2d 1190, 2008 Fla. App. LEXIS 11879, 2008 WL 3154303

District Court of Appeal of Florida | Filed: Aug 8, 2008 | Docket: 64855553

Published

incapable of appraising the nature of her conduct. § 794.011(l)(b),(4)(e), Fla. Stat. (2003). This is one of

Underwood v. State

985 So. 2d 705, 2008 Fla. App. LEXIS 10529, 2008 WL 2695873

District Court of Appeal of Florida | Filed: Jul 11, 2008 | Docket: 64855174

Published

while in familial authority in violation of section 794.011(8)(b), Florida Statutes (2005), and false imprisonment

Tyrrell v. State

975 So. 2d 615, 2008 WL 582542

District Court of Appeal of Florida | Filed: Mar 5, 2008 | Docket: 1727275

Published

age or older, all second degree felonies. See § 794.011(5), Fla. Stat. (2003). Before trial, the state

Burnett v. State

973 So. 2d 1203, 2008 Fla. App. LEXIS 419, 2008 WL 142095

District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 64853867

Published

an act of child molestation as defined by section 794.011 or section 800.04, Florida Statutes (2001);

Russ v. State

971 So. 2d 851, 2007 WL 3170069

District Court of Appeal of Florida | Filed: Oct 31, 2007 | Docket: 1731874

Published

sufficient under the law. See § 794.011(2)(b), Fla. Stat. (1999). [2] Section 794.011(1)(h) provides that "sexual

Torgerson v. State

964 So. 2d 178, 2007 Fla. App. LEXIS 11798, 2007 WL 2189118

District Court of Appeal of Florida | Filed: Aug 1, 2007 | Docket: 64852128

Published

battery— great force not used, a violation of section 794.011(5), Florida Statutes. The charging document

D.O. v. State

961 So. 2d 1053, 2007 Fla. App. LEXIS 11368, 2007 WL 2089306

District Court of Appeal of Florida | Filed: Jul 24, 2007 | Docket: 64851623

Published

was less than 18 years old, in violation of section 794.011(2)(b), Florida Statutes; and with unlawfully

Felton v. State

959 So. 2d 438, 2007 Fla. App. LEXIS 10784, 2007 WL 2010834

District Court of Appeal of Florida | Filed: Jul 13, 2007 | Docket: 64851292

Published

AFFIRMED. PLEUS, LAWSON and EVANDER, JJ., concur. . § 794.011(5), Fla. Stat. (2002). . § 800.04(4), Fla. Stat

Carmona v. State

958 So. 2d 1158, 2007 WL 1932551

District Court of Appeal of Florida | Filed: Jul 5, 2007 | Docket: 64851150

Published

re-sentenced as a second degree felony pursuant to section 794.011(8)(b), Fla. Stat. (1997). GUNTHER, STONE, and

Walker v. State

955 So. 2d 1199, 2007 WL 1295759

District Court of Appeal of Florida | Filed: May 4, 2007 | Docket: 2564831

Published

case number 02-06-CF-JS) for a violation of section 794.011(4)(b), Florida Statutes (2001), a first-degree

Hayes v. State

954 So. 2d 1265, 2007 Fla. App. LEXIS 6320, 2007 WL 1223452

District Court of Appeal of Florida | Filed: Apr 27, 2007 | Docket: 64850357

Published

less than 12 years of age in violation of section 794.011(2), Florida Statutes (2006), and lewd or lascivious

N.C. v. State

947 So. 2d 1201, 2007 Fla. App. LEXIS 821, 2007 WL 173886

District Court of Appeal of Florida | Filed: Jan 25, 2007 | Docket: 64848774

Published

committing sexual battery, in violation of section 794.011(2)(b), Florida Statutes (2005), “by placing

Felts v. State

941 So. 2d 472, 2006 Fla. App. LEXIS 18288, 2006 WL 3078936

District Court of Appeal of Florida | Filed: Nov 1, 2006 | Docket: 64847744

Published

of sexual battery on a minor in violation Section 794.011(2), Florida Statutes, one count of lewd and

Ornis v. State

932 So. 2d 648, 2006 Fla. App. LEXIS 11592, 2006 WL 1896607

District Court of Appeal of Florida | Filed: Jul 12, 2006 | Docket: 64845638

Published

penetration of another by any other object ....” § 794.011(l)(h), Fla. Stat. (2003). When a sexual battery

State v. Surin

920 So. 2d 1162, 2006 Fla. App. LEXIS 1841, 2006 WL 335477

District Court of Appeal of Florida | Filed: Feb 15, 2006 | Docket: 64842430

Published

eighteen years of age or older, in violation of section 794.011(2)(a) of the Florida Statutes. Under this section

T.V.R. v. C.R.

918 So. 2d 395, 2006 Fla. App. LEXIS 339, 2006 WL 119431

District Court of Appeal of Florida | Filed: Jan 18, 2006 | Docket: 64841765

Published

life, or first-degree felony violation of section 794.11, Florida Statutes (2002)). . The final judgment

Hubbard v. State

912 So. 2d 629, 2005 Fla. App. LEXIS 13870, 2005 WL 2105954

District Court of Appeal of Florida | Filed: Sep 2, 2005 | Docket: 64840639

Published

familial or custodial authority in violation of section 794.011(8)(b), Florida Statutes (2000); (2) lewd or

Lupianez v. State

909 So. 2d 600, 2005 Fla. App. LEXIS 13879, 2005 WL 2105369

District Court of Appeal of Florida | Filed: Sep 2, 2005 | Docket: 64840190

Published

pleaded guilty to sexual battery in violation of section 794.011(5), Florida Statutes (2003), a second-degree

Worsham v. State

894 So. 2d 1043, 2005 Fla. App. LEXIS 639, 2005 WL 176604

District Court of Appeal of Florida | Filed: Jan 28, 2005 | Docket: 64836257

Published

than twelve years of age, in violation of section 794.011(2), *1044Florida Statutes. He entered a plea

In Re Commitment of Ortega

891 So. 2d 623, 2005 WL 155468

District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 1704548

Published

Ortega was convicted of sexual battery. See § 794.011, Fla. Stat. (1983). He was imprisoned and later

State v. Ortega

891 So. 2d 623, 2005 Fla. App. LEXIS 563

District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 64835483

Published

Ortega was convicted of sexual battery. See § 794.011, Fla. Stat. (1983). He was imprisoned and later

Jones v. State

889 So. 2d 172, 2004 Fla. App. LEXIS 19138, 2004 WL 2896461

District Court of Appeal of Florida | Filed: Dec 15, 2004 | Docket: 64834994

Published

of attempted sexual battery with great force. § 794.011(3), Fla. Stat. (2000). Jones was sentenced as

Wilkinson v. State

889 So. 2d 110, 2004 Fla. App. LEXIS 17799, 2004 WL 2633635

District Court of Appeal of Florida | Filed: Nov 19, 2004 | Docket: 64834972

Published

battery on a child under the age of twelve. See § 794.011(2), Fla. Stat. (1983). He was sentenced pursuant

Jones v. State

885 So. 2d 466, 2004 WL 2389918

District Court of Appeal of Florida | Filed: Oct 27, 2004 | Docket: 1685284

Published

lesser offense of sexual battery pursuant to section 794.011(5). See § 924.34, Fla. Stat. (2004).[1] Additionally

Turner v. State

888 So. 2d 73, 2004 Fla. App. LEXIS 16216, 2004 WL 2409199

District Court of Appeal of Florida | Filed: Oct 27, 2004 | Docket: 64834433

Published

concur. . § 787.01(l)(a), (2), Fla. Stat. (2002); § 794.011(3), Fla. Stat. (2002). . See, e.g., Scoggins

Riley v. State

884 So. 2d 218, 2004 Fla. App. LEXIS 11345, 2004 WL 1698090

District Court of Appeal of Florida | Filed: Jul 30, 2004 | Docket: 64833455

Published

familial or custodial relationship, under section 794.011(8)(b), Florida Statutes (1995). He was sentenced

Jones v. State

873 So. 2d 546, 2004 Fla. App. LEXIS 7063, 2004 WL 1123491

District Court of Appeal of Florida | Filed: May 21, 2004 | Docket: 64830696

Published

reflects a conviction for sexual battery under section 794.011(3), Florida Statutes (2001), when Jones was

Hannah v. State

869 So. 2d 692, 2004 Fla. App. LEXIS 4310, 2004 WL 689446

District Court of Appeal of Florida | Filed: Apr 2, 2004 | Docket: 64829192

Published

in a familial relationship, in violation of section 794.011(8)(b), Florida Statutes (2000). We affirm the

Ramos v. State

864 So. 2d 1250, 2004 Fla. App. LEXIS 780, 2004 WL 177046

District Court of Appeal of Florida | Filed: Jan 30, 2004 | Docket: 64827865

Published

concur. . § 810.02(2)(a), Fla. Stat. (2000). . § 794.011(5), Fla. Stat. (2000). . § 812.014(2)(c)(l)

Selway v. State

863 So. 2d 356, 2003 Fla. App. LEXIS 17387, 2003 WL 22681555

District Court of Appeal of Florida | Filed: Nov 14, 2003 | Docket: 64827462

Published

MONACO, JJ., concur. . § 2907.03 Oh. Stal. . § 794.011 Fla. Stat.

Maceo v. State

870 So. 2d 852, 2003 Fla. App. LEXIS 16149, 2003 WL 22438959

District Court of Appeal of Florida | Filed: Oct 29, 2003 | Docket: 64829880

Published

charges specifically tracked the language of section 794.011(5) and defined sexual battery without the use

Clark v. State

855 So. 2d 691, 28 Fla. L. Weekly Fed. D 2285

District Court of Appeal of Florida | Filed: Oct 3, 2003 | Docket: 1503348

Published

a sexual battery on or after October 1, 1992. § 794.011(7), Fla. Stat. (1993). Such advice, if given,

Standard Jury Instructions in Criminal Cases-Submission 2002-1

850 So. 2d 1272, 28 Fla. L. Weekly Supp. 572, 2003 Fla. LEXIS 1146, 2003 WL 21511321

Supreme Court of Florida | Filed: Jul 3, 2003 | Docket: 64824176

Published

— VICTIM 12 YEARS OF AGE OR OLDER-GREAT FORCE § 794.011(3), Fla.Stat. To prove the crime of Sexual Battery

Horne v. State

846 So. 2d 646, 2003 Fla. App. LEXIS 7977, 2003 WL 21241919

District Court of Appeal of Florida | Filed: May 30, 2003 | Docket: 64823219

Published

sexual organ of [Horne’s wife], contrary to Florida Statute 794.011. (1 DEG FEL) (LEVEL 9). Count II charged

Stewart v. State

846 So. 2d 1175, 2003 Fla. App. LEXIS 6742, 2003 WL 21033599

District Court of Appeal of Florida | Filed: May 9, 2003 | Docket: 64823266

Published

one count of sexual battery in violation of section 794.011, Florida Statutes. Appellant was sentenced

Hawn v. State

840 So. 2d 352, 2003 WL 554543

District Court of Appeal of Florida | Filed: Feb 28, 2003 | Docket: 1748208

Published

error because he had been convicted under section 794.011, which he claimed was constitutionally invalid

Johns v. State

838 So. 2d 635, 2003 Fla. App. LEXIS 2428, 2003 WL 553660

District Court of Appeal of Florida | Filed: Feb 28, 2003 | Docket: 64820970

Published

penetration of another by any other object ....” § 794.011(l)(h). Counts two and three alleged that Johns

Jackson v. State

849 So. 2d 321, 2003 Fla. App. LEXIS 1998, 2003 WL 367288

District Court of Appeal of Florida | Filed: Feb 21, 2003 | Docket: 64823925

Published

CHARLES C., Senior Associate Judge, concur. . § 794.011(3), Fla. Stat. . § 787.01(l)(a)(3), Fla. Stat

Moore v. Nelson

830 So. 2d 918, 2002 Fla. App. LEXIS 17169, 2002 WL 31557171

District Court of Appeal of Florida | Filed: Nov 20, 2002 | Docket: 64819061

Published

two counts of sexual battery in violation of section 794.011, Florida Statutes. Id. at 235. Because of this

Patrick v. State

830 So. 2d 248, 2002 Fla. App. LEXIS 16898, 2002 WL 31519945

District Court of Appeal of Florida | Filed: Nov 14, 2002 | Docket: 64818968

Published

less than 18 years of age in violation of section 794.011(8), Florida Statutes (2000). No direct appeal

Fullwood v. State

827 So. 2d 343, 2002 Fla. App. LEXIS 14195, 2002 WL 31159962

District Court of Appeal of Florida | Filed: Sep 30, 2002 | Docket: 64817888

Published

Defendant is not entitled to gain time pursuant to section 794.011(7), Florida Statutes (1993), which provides

Collins v. State

823 So. 2d 299, 2002 Fla. App. LEXIS 11556, 2002 WL 1842824

District Court of Appeal of Florida | Filed: Aug 14, 2002 | Docket: 64816829

Published

sentence and is not scored within guidelines); § 794.011(2), Fla. Stat. (1989); § 775.082, Fla. Stat. (1989)

Poole v. State

826 So. 2d 429, 2002 Fla. App. LEXIS 11574, 2002 WL 1841767

District Court of Appeal of Florida | Filed: Aug 14, 2002 | Docket: 64817630

Published

threatening to use a deadly weapon in violation of section 794.011(3), Florida Statutes (1993). However, the trial

Foy v. State

818 So. 2d 704, 2002 Fla. App. LEXIS 8584, 2002 WL 1343747

District Court of Appeal of Florida | Filed: Jun 21, 2002 | Docket: 64815749

Published

or *705custodial authority in violation of section 794.011(8)(b), Florida Statutes (2000). Fo/s plea agreement

Kemner v. Hemphill

199 F. Supp. 2d 1264, 2002 U.S. Dist. LEXIS 9787, 2002 WL 971734

District Court, N.D. Florida | Filed: May 3, 2002 | Docket: 2286957

Published

is a serious felony in Florida.[8] FLA.STAT. § 794.011. The Florida *1270 sentencing guidelines assign

Chatfield v. State

814 So. 2d 1217, 2002 Fla. App. LEXIS 5495, 2002 WL 731709

District Court of Appeal of Florida | Filed: Apr 26, 2002 | Docket: 64814691

Published

eighteen by a familial custodian in violation of section 794.011(8)(b), Florida Statutes (1997), should have

Knox v. State

814 So. 2d 1185, 2002 WL 596376

District Court of Appeal of Florida | Filed: Apr 19, 2002 | Docket: 1717827

Published

position of custodial authority, in violation of section 794.011(8), Florida Statutes (Supp.1998). The victim

Govan v. State

813 So. 2d 276, 2002 WL 537973

District Court of Appeal of Florida | Filed: Apr 12, 2002 | Docket: 64814169

Published

assigned to share a room in a juvenile facility. § 794.011, Fla. Stat. (1999). An alternate count of lewd

Hughes v. State

819 So. 2d 815, 2002 Fla. App. LEXIS 4436, 2002 WL 500268

District Court of Appeal of Florida | Filed: Apr 4, 2002 | Docket: 64816072

Published

position of familial authority pursuant to section 794.011(8)(b), Florida Statutes (1997), and one count

Holt v. State

808 So. 2d 290, 2002 WL 341120

District Court of Appeal of Florida | Filed: Mar 6, 2002 | Docket: 1738460

Published

age by a familial custodian, in violation of section 794.011(8)(b), Florida Statutes. He was sentenced to

Moore v. Proctor

795 So. 2d 235, 2001 Fla. App. LEXIS 13453, 2001 WL 1131664

District Court of Appeal of Florida | Filed: Sep 26, 2001 | Docket: 64808808

Published

two counts of sexual battery in violation of section 794.011, the trial court could allow his residence

Hill v. State

796 So. 2d 564, 2001 WL 945840

District Court of Appeal of Florida | Filed: Aug 22, 2001 | Docket: 1249266

Published

force likely to cause serious injury. See Fla. Stat. 794.011(3)[1989][2]. Thus, the Defendant was convicted

D.R. v. State

790 So. 2d 1242, 2001 Fla. App. LEXIS 11366

District Court of Appeal of Florida | Filed: Aug 10, 2001 | Docket: 64807287

Published

IN UNION WITH [KT.’S] VAGINA, contrary to Section 794.011(2), Florida Statutes, COUNT 2: In the county

Turner v. State

788 So. 2d 320, 2001 Fla. App. LEXIS 7002, 2001 WL 523536

District Court of Appeal of Florida | Filed: May 18, 2001 | Docket: 64806382

Published

dispute that this offense is a life felony. See § 794.011(2), Fla. Stat. (1991). As a result, proceedings

Turner v. State

788 So. 2d 320, 2001 Fla. App. LEXIS 7002, 2001 WL 523536

District Court of Appeal of Florida | Filed: May 18, 2001 | Docket: 64806382

Published

dispute that this offense is a life felony. See § 794.011(2), Fla. Stat. (1991). As a result, proceedings

J.M. v. State

783 So. 2d 1204, 2001 Fla. App. LEXIS 5967

District Court of Appeal of Florida | Filed: May 1, 2001 | Docket: 64805094

Published

battery on a child under 12, a violation of section 794.011(2), Florida Statutes (1999). Psy*1205chological

Beasley v. State

782 So. 2d 970, 2001 Fla. App. LEXIS 4766, 2001 WL 361752

District Court of Appeal of Florida | Filed: Apr 11, 2001 | Docket: 64804876

Published

sexual battery with slight force pursuant to section 794.011(5), Florida Statutes (1993). Order affirmed;

Poole v. State

778 So. 2d 1048, 2001 Fla. App. LEXIS 1317, 2001 WL 120075

District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 64803925

Published

threatening to use a deadly weapon in violation of section 794.011(3), Florida Statutes (1993). However, the trial

State v. Torresgrossa

776 So. 2d 1009, 2001 Fla. App. LEXIS 363, 2001 WL 43003

District Court of Appeal of Florida | Filed: Jan 19, 2001 | Docket: 64803357

Published

order. Torresgrossa was charged with violating section 794.011(4)(e): (4) A person who commits sexual battery

Horn v. State

774 So. 2d 26, 2000 Fla. App. LEXIS 11324, 2000 WL 1250771

District Court of Appeal of Florida | Filed: Sep 6, 2000 | Docket: 64802630

Published

conviction should be listed as a life felony. See § 794.011(2)(b), Fla. Stat. (1993). Accordingly, we affirm

Green v. State

765 So. 2d 910, 2000 Fla. App. LEXIS 10915, 2000 WL 1206372

District Court of Appeal of Florida | Filed: Aug 25, 2000 | Docket: 64799909

Published

proscribed the crime of sexual battery in section 794.011(l)(h), which is the offense that both men and

Sinyard v. State

799 So. 2d 1067, 2000 Fla. App. LEXIS 8980, 2000 WL 987717

District Court of Appeal of Florida | Filed: Jul 19, 2000 | Docket: 64810149

Published

count one is a second-degree felony under section 794.011(5), Florida Statutes (1997), not a life felony

Sinyard v. State

799 So. 2d 1067, 2000 Fla. App. LEXIS 8980, 2000 WL 987717

District Court of Appeal of Florida | Filed: Jul 19, 2000 | Docket: 64810149

Published

count one is a second-degree felony under section 794.011(5), Florida Statutes (1997), not a life felony

Bowman v. State

760 So. 2d 1053, 2000 Fla. App. LEXIS 7567, 2000 WL 786831

District Court of Appeal of Florida | Filed: Jun 21, 2000 | Docket: 64798130

Published

of twelve without physical force or violence. § 794.011(4)(e), Fla. Stat. (1997). “Mentally defective”

State v. Knox

753 So. 2d 681, 2000 Fla. App. LEXIS 2707, 2000 WL 275230

District Court of Appeal of Florida | Filed: Mar 15, 2000 | Docket: 64795947

Published

convicted and adjudicated guilty of a violation of section 794.011(8)(b), Florida Statutes (1997). The trial court

Aysisayh v. State

752 So. 2d 667, 2000 Fla. App. LEXIS 457, 2000 WL 61761

District Court of Appeal of Florida | Filed: Jan 26, 2000 | Docket: 64795569

Published

first-degree felony, or a second-degree felony. See section 794.011, Fla. Stat. (1979).

Hartline v. State

743 So. 2d 90, 1999 Fla. App. LEXIS 12107, 1999 WL 729058

District Court of Appeal of Florida | Filed: Sep 10, 1999 | Docket: 64791652

Published

applies only if a charge is brought pursuant to section 794 .011. Since he was charged and convicted pursuant

S.B. v. State

745 So. 2d 346, 1999 Fla. App. LEXIS 10588, 1999 WL 577004

District Court of Appeal of Florida | Filed: Aug 6, 1999 | Docket: 64792378

Published

dissenting. The issue in this case is whether section 794.011(2)(b), Florida Statutes, which criminalizes

Hutchison v. State

733 So. 2d 1151, 1999 Fla. App. LEXIS 8180, 1999 WL 396973

District Court of Appeal of Florida | Filed: Jun 18, 1999 | Docket: 64788497

Published

affirm because Hutchison has not shown that section 794.011(2), Florida Statutes, is unconstitutional.

Horn v. State

736 So. 2d 728, 1999 Fla. App. LEXIS 7856, 1999 WL 391497

District Court of Appeal of Florida | Filed: Jun 16, 1999 | Docket: 64789220

Published

and WHATLEY and STRINGER, JJ„ Concur. . See § 794.011, Fla. Stat. (1995). . See § 800.04, Fla. Stat

Clements v. State

734 So. 2d 543, 1999 Fla. App. LEXIS 6840, 1999 WL 495229

District Court of Appeal of Florida | Filed: May 28, 1999 | Docket: 64788602

Published

Clements guilty of sexual battery in violation of section 794.011(5), Florida Statutes (1997), a second-degree

Hudson v. State

732 So. 2d 422, 1999 Fla. App. LEXIS 5015, 1999 WL 225559

District Court of Appeal of Florida | Filed: Apr 20, 1999 | Docket: 64788165

Published

the use of great force, a life felony under section 794.011(3), Florida Statutes. As to each of these counts

Fayne v. State

740 So. 2d 31, 1999 Fla. App. LEXIS 3835, 1999 WL 163001

District Court of Appeal of Florida | Filed: Mar 26, 1999 | Docket: 64790558

Published

presence of a child, under the age of 16 years. § 794.011, Fla. Stat., and § 800.04, Fla. Stat. Fayne made

Smith v. Moore

170 F.3d 1051

Court of Appeals for the Eleventh Circuit | Filed: Mar 25, 1999 | Docket: 212194

Published

Stat. § 806.01 (defining arson); Fla. Stat. § 794.011 (defining sexual battery); Fla. Stat. § 812.13

McArthur v. State

730 So. 2d 333, 1999 Fla. App. LEXIS 2466, 1999 WL 110792

District Court of Appeal of Florida | Filed: Mar 5, 1999 | Docket: 64787499

Published

1st DCA 1996) (if the legislature had meant section 794.011(7) to include those who are convicted of attempted

Hausen v. State

730 So. 2d 327, 1999 Fla. App. LEXIS 2201, 1999 WL 94915

District Court of Appeal of Florida | Filed: Feb 26, 1999 | Docket: 64787496

Published

(count two) sexual battery in violation of section 794.011(5), (count three) lewd act on a child in violation

Baker v. State

723 So. 2d 338, 1998 Fla. App. LEXIS 15634, 1998 WL 852509

District Court of Appeal of Florida | Filed: Dec 11, 1998 | Docket: 64785093

Published

810.02(1) and (2)(b), Fla. Stat. (1995). . § 794.011 (3), Fla. Stat. (1995).

Isom v. State

722 So. 2d 237, 1998 WL 830660

District Court of Appeal of Florida | Filed: Nov 30, 1998 | Docket: 1241870

Published

person in custodial authority, a violation of section 794.011(8)(b). He is also charged with four counts

State v. Wilford

720 So. 2d 617, 1998 Fla. App. LEXIS 14707, 1998 WL 798737

District Court of Appeal of Florida | Filed: Nov 19, 1998 | Docket: 64784231

Published

conclusively prove that penetration occurred. Section 794.011(1)(h), Florida Statutes, defines sexual battery

State v. Riveron

723 So. 2d 845, 1998 Fla. App. LEXIS 14255, 1998 WL 821738

District Court of Appeal of Florida | Filed: Nov 12, 1998 | Docket: 64785264

Published

defendant with sexual battery in violation of section 794.011(5), Florida Statutes (1989), a second-degree

Butler v. State

715 So. 2d 337, 1998 Fla. App. LEXIS 10753, 1998 WL 455510

District Court of Appeal of Florida | Filed: Aug 7, 1998 | Docket: 64782038

Published

child under the age of twelve, pursuant to section 794.011(2), Florida Statutes. (1995). Butler asserts

Schroeder v. State

715 So. 2d 331, 1998 Fla. App. LEXIS 9704, 1998 WL 429067

District Court of Appeal of Florida | Filed: Jul 31, 1998 | Docket: 64782034

Published

witness. The state alleged defendant violated section 794.011(4)(e), Florida Statute (1995), by committing

Auriemme v. State

714 So. 2d 1112, 1998 Fla. App. LEXIS 8181, 1998 WL 387280

District Court of Appeal of Florida | Filed: Jul 10, 1998 | Docket: 64781959

Published

— the statutory maximum for the offenses. See § 794.011(3) Fla. Stat. (1997). AFFIRMED. COBB and ANTOON

Haye v. State

713 So. 2d 1061, 1998 Fla. App. LEXIS 8007, 1998 WL 349589

District Court of Appeal of Florida | Filed: Jul 2, 1998 | Docket: 64781757

Published

DENIED. DAUKSCH and PETERSON, JJ., concur. . § 794.011(3); Fla. Stat. (1989). . § 812.13(2)(a), Fla

Hollingsworth v. State

711 So. 2d 1358, 1998 Fla. App. LEXIS 7141, 1998 WL 314567

District Court of Appeal of Florida | Filed: Jun 17, 1998 | Docket: 64781251

Published

the sexual battery, which is a life felony. See § 794.011(3), Fla. Stat. (1993). At the time of the offense

Turner v. State

710 So. 2d 688, 1998 Fla. App. LEXIS 4754, 1998 WL 204797

District Court of Appeal of Florida | Filed: Apr 29, 1998 | Docket: 64780858

Published

the child’s age, “any activity proscribed in section 794.011(l)(h), perpetrated upon a victim of less than

Williams v. State

706 So. 2d 137, 1998 Fla. App. LEXIS 2029, 1998 WL 95308

District Court of Appeal of Florida | Filed: Mar 6, 1998 | Docket: 64779094

Published

AFFIRMED. GOSHORN and THOMPSON, JJ., concur. . § 794.011(5), Fla. Stat. (1993).

Kever v. State

704 So. 2d 222, 1998 Fla. App. LEXIS 880, 1998 WL 17026

District Court of Appeal of Florida | Filed: Jan 21, 1998 | Docket: 64778280

Published

“mentally defective” as that term is defined in section 794.011(l)(b), Florida Statutes, we reverse the appellant’s

Balas v. Ruzzo

703 So. 2d 1076, 1997 WL 629142

District Court of Appeal of Florida | Filed: Jan 2, 1998 | Docket: 1704184

Published

concur. NOTES [1] Section 794.011(4)(b), Florida Statutes. [2] Section 794.011(4)(c), Florida Statutes

Dean v. State

702 So. 2d 1358, 1997 Fla. App. LEXIS 14567, 1997 WL 774681

District Court of Appeal of Florida | Filed: Dec 18, 1997 | Docket: 64777421

Published

and was convicted of, a second-degree felony. § 794.011(5), Fla. Stat. (1989) (sexual battery). The statutory

Freels v. State

701 So. 2d 1207, 1997 Fla. App. LEXIS 13292, 1997 WL 730606

District Court of Appeal of Florida | Filed: Nov 26, 1997 | Docket: 64777003

Published

not under a conviction for sexual battery. See § 794.011(7), Fla. Stat. (1993). If his counsel had explained

Jenkins v. State

701 So. 2d 129, 1997 Fla. App. LEXIS 13326, 1997 WL 731897

District Court of Appeal of Florida | Filed: Nov 26, 1997 | Docket: 64776458

Published

years. See § 777.04(4)(b), Fla. Stat (1987); § 794.011(3), Fla. Stat. (1987). The defendant need not

Jenkins v. State

701 So. 2d 129, 1997 Fla. App. LEXIS 13326, 1997 WL 731897

District Court of Appeal of Florida | Filed: Nov 26, 1997 | Docket: 64776458

Published

years. See § 777.04(4)(b), Fla. Stat (1987); § 794.011(3), Fla. Stat. (1987). The defendant need not

Wright v. State

699 So. 2d 327, 1997 Fla. App. LEXIS 10706, 1997 WL 592105

District Court of Appeal of Florida | Filed: Sep 24, 1997 | Docket: 64775873

Published

charged with sexual battery in violation of section 794.011(5), Florida Statutes (1993).. He entered a

Riggsby v. State

696 So. 2d 1337, 1997 Fla. App. LEXIS 8384, 1997 WL 408750

District Court of Appeal of Florida | Filed: Jul 23, 1997 | Docket: 64775080

Published

count of capital sexual battery, pursuant to section 794.011(2)(a), Florida Statutes (1993), and four counts

Darby v. State

689 So. 2d 427, 1997 Fla. App. LEXIS 2346, 1997 WL 115276

District Court of Appeal of Florida | Filed: Mar 12, 1997 | Docket: 64771665

Published

by Darby to his conviction and sentence for section 794.011(4)(b), Florida Statutes (1995) and affirm the

Roberts v. State

687 So. 2d 959, 1997 Fla. App. LEXIS 1009, 1997 WL 63668

District Court of Appeal of Florida | Filed: Feb 14, 1997 | Docket: 64771096

Published

one who is convicted of sexual battery under section 794.011(8)(b), Florida Statutes (1995): 794.011 Sexual

Baker v. State

687 So. 2d 64, 1997 Fla. App. LEXIS 351, 1997 WL 35184

District Court of Appeal of Florida | Filed: Jan 31, 1997 | Docket: 64770636

Published

two counts of sexual battery in violation of section 794.011(5), Florida Statutes (1995). At sentencing

Ficklin v. State

686 So. 2d 708, 1996 Fla. App. LEXIS 13451, 1996 WL 738372

District Court of Appeal of Florida | Filed: Dec 30, 1996 | Docket: 64770427

Published

appellant with sexual battery pursuant to section 794.011, Florida Statutes (1993), and the jury found

Boroughs v. State

684 So. 2d 274, 1996 WL 695269

District Court of Appeal of Florida | Filed: Dec 6, 1996 | Docket: 1482512

Published

committed without the consent of the victim. Section 794.011(5), Fla. Stat.[5] Consent is defined as, intelligent

Gaffney v. State

681 So. 2d 1211, 1996 Fla. App. LEXIS 11374, 1996 WL 631566

District Court of Appeal of Florida | Filed: Nov 1, 1996 | Docket: 64768557

Published

PETERSON, C.J., and THOMPSON, J., concur. . § 794.011(2), Fla. Stat. (1985).

Johnson v. State

682 So. 2d 215, 1996 Fla. App. LEXIS 11369, 1996 WL 629804

District Court of Appeal of Florida | Filed: Nov 1, 1996 | Docket: 64768667

Published

Johnson’s convictions for the three counts under section 794.011(8)(b), Florida Statutes, as to whether there

M.J.C. v. State

681 So. 2d 1203, 1996 Fla. App. LEXIS 11408, 21 Fla. L. Weekly Fed. D 2301

District Court of Appeal of Florida | Filed: Oct 25, 1996 | Docket: 64768552

Published

offenders less than eighteen years of age. See § 794.011(2)(b). In accordance with the provisions of section

Holland v. State

681 So. 2d 308, 1996 Fla. App. LEXIS 10472, 1996 WL 581902

District Court of Appeal of Florida | Filed: Oct 11, 1996 | Docket: 64768228

Published

battery with a deadly weapon, a violation of section 794.011(3), Florida Statutes (1991). Attempted sexual

Patel v. State

679 So. 2d 850, 1996 Fla. App. LEXIS 9726, 1996 WL 523182

District Court of Appeal of Florida | Filed: Sep 17, 1996 | Docket: 64767461

Published

defense to the crime proscribed by tMs section.” Section 794.011(l)(h), Florida Statutes (1989), defines “sexual

State v. Stone

677 So. 2d 982, 1996 Fla. App. LEXIS 8300, 1996 WL 446697

District Court of Appeal of Florida | Filed: Aug 9, 1996 | Docket: 64766500

Published

with two counts of capital sexual battery, section 794.011(2), Florida Statutes, and two counts of lewd

Williams v. State

678 So. 2d 443, 1996 Fla. App. LEXIS 8222, 1996 WL 441631

District Court of Appeal of Florida | Filed: Aug 7, 1996 | Docket: 64766715

Published

with great force is a life felony pursuant to section 794.011(3), Florida Statutes (1993). A defendant who

Swaim v. State

677 So. 2d 913, 1996 Fla. App. LEXIS 7037, 1996 WL 368410

District Court of Appeal of Florida | Filed: Jul 5, 1996 | Docket: 64766472

Published

less than twelve years of age pursuant to section 794.011(2), Florida Statutes. We find merit in one

Vitagliano v. State

680 So. 2d 500, 1996 WL 191048

District Court of Appeal of Florida | Filed: Apr 28, 1996 | Docket: 64767860

Published

constitutes the crime of sexual battery under section 794.011.” Jozens v. State, 649 So.2d 322, 323 (Fla

Barnhart v. State

670 So. 2d 1082, 1996 Fla. App. LEXIS 2662, 1996 WL 120984

District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 64763484

Published

on attempted capital sexual battery. Under section 794.011(l)(h), “sexual battery” means oral, anal, or

Carter v. State

668 So. 2d 1123, 1996 Fla. App. LEXIS 2188, 1996 WL 99321

District Court of Appeal of Florida | Filed: Mar 8, 1996 | Docket: 64762781

Published

the offenses, these offenses are life felonies. § 794.011(2), Fla.Stat. (1991). Mr. Carter pleaded guilty

McQuirk v. State

667 So. 2d 441, 1996 Fla. App. LEXIS 474, 1996 WL 27688

District Court of Appeal of Florida | Filed: Jan 26, 1996 | Docket: 64761996

Published

AFFIRMED. GOSHORN and GRIFFIN, JJ., concur. . § 794.011(5), Fla.Stat. (1993).

D.D.M. v. State

662 So. 2d 384, 1995 Fla. App. LEXIS 11572

District Court of Appeal of Florida | Filed: Nov 3, 1995 | Docket: 64759926

Published

directions. HARRIS and GRIFFIN, JJ., concur. . § 794.011(2), Fla.Stat. (1993). . § 800.04(1), Fla.Stat

Velasquez v. State

657 So. 2d 1218, 1995 Fla. App. LEXIS 7114, 1995 WL 385377

District Court of Appeal of Florida | Filed: Jun 30, 1995 | Docket: 64757846

Published

crime been a first degree felony. However, section 794.011(5) makes the completed offense a second degree

Anderson v. State

669 So. 2d 262, 1995 Fla. App. LEXIS 6580, 1995 WL 358094

District Court of Appeal of Florida | Filed: Jun 16, 1995 | Docket: 64762849

Published

physically incapacitated victim in violation of section 794.011(4)(f), Florida Statutes (1991), and sexual

Madison v. State

654 So. 2d 1310, 1995 Fla. App. LEXIS 6007, 1995 WL 331467

District Court of Appeal of Florida | Filed: Jun 6, 1995 | Docket: 64756412

Published

which reflects a conviction for violation of section 794.011(3), Florida Statutes (1993), a life felony

Thompson v. State

655 So. 2d 221, 1995 Fla. App. LEXIS 5735, 1995 WL 322780

District Court of Appeal of Florida | Filed: May 31, 1995 | Docket: 64756482

Published

physically incapacitated victim, in violation of section 794.011(4)(f), Florida Statutes (1991), and sexual

Trotter v. State

652 So. 2d 481, 1995 Fla. App. LEXIS 3071, 1995 WL 123677

District Court of Appeal of Florida | Filed: Mar 24, 1995 | Docket: 64755154

Published

C.J., and PARKER and LAZZARA, JJ., concur. . § 794.011(3), Fla.Stat. (1991). . § 810.02(2)(a), Fla

Widner v. State

646 So. 2d 258, 1994 Fla. App. LEXIS 11344, 1994 WL 655716

District Court of Appeal of Florida | Filed: Nov 23, 1994 | Docket: 64752505

Published

following standard jury instruction as to section 794.011(2), Florida Statutes: Before you can find the

Castaline v. State

645 So. 2d 561, 1994 Fla. App. LEXIS 11022, 1994 WL 637730

District Court of Appeal of Florida | Filed: Nov 16, 1994 | Docket: 64752246

Published

Compare §§ 836.05, 784.021, Fla. Stat. (1991) with § 794.011, Fla.Stat. (1991). 4. Fourth, we reject the claim

Patterson v. State

641 So. 2d 456, 1994 Fla. App. LEXIS 7994, 1994 WL 419595

District Court of Appeal of Florida | Filed: Aug 12, 1994 | Docket: 64750396

Published

Resentence. GOSHORN and THOMPSON, JJ., concur. . § 794.011(2), Fla.Stat. (1989). . § 800.04(1), Fla.Stat

Blotz v. State

640 So. 2d 1240, 1994 Fla. App. LEXIS 8003, 1994 WL 419056

District Court of Appeal of Florida | Filed: Aug 12, 1994 | Docket: 64750096

Published

count one; sexual battery in violation of section 794.011, counts two and three; and aggravated assault

Chapman v. State

639 So. 2d 682, 1994 Fla. App. LEXIS 6643, 1994 WL 321596

District Court of Appeal of Florida | Filed: Jul 6, 1994 | Docket: 64749642

Published

THREADGILL, A.C.J., and LAZZARA, J., concur. . § 794.011(2), Fla.Stat. (1989). . § 800.04(1), Fla.Stat

Bryan v. State

638 So. 2d 608, 1994 Fla. App. LEXIS 6329, 1994 WL 275347

District Court of Appeal of Florida | Filed: Jun 23, 1994 | Docket: 64749210

Published

less than 12 years of age, a life felony. See § 794-011(2)(b), Fla.Stat. (1993). In July 1993, Bryan tendered

Nelson v. State

638 So. 2d 184, 1994 Fla. App. LEXIS 5806, 1994 WL 261295

District Court of Appeal of Florida | Filed: Jun 15, 1994 | Docket: 64749098

Published

state that appellant was convicted under section 794.011(4)(e), which prohibits sexual battery upon

Winchester v. State

639 So. 2d 84, 1994 Fla. App. LEXIS 5309, 1994 WL 236197

District Court of Appeal of Florida | Filed: Jun 3, 1994 | Docket: 64749515

Published

565 So.2d 1361 (Fla.App. 4th DCA 1990), that section 794.011(2), Florida Statutes (1981), refers to a person’s

Kopko v. State

638 So. 2d 529, 1994 Fla. App. LEXIS 3913, 19 Fla. L. Weekly Fed. D 967

District Court of Appeal of Florida | Filed: Apr 29, 1994 | Docket: 64749188

Published

1992). . § 800.04, Fla.Stat. (Supp.1986). .§ 794.011(2), Fla.Stat. (Supp.1986).

Stoudmire v. State

636 So. 2d 118, 1994 Fla. App. LEXIS 3549, 1994 WL 133535

District Court of Appeal of Florida | Filed: Apr 19, 1994 | Docket: 64748139

Published

with a deadly weapon is a life felony under section 794.011(3), Florida Statutes (1991), and is punishable

Hinson v. State

634 So. 2d 1120, 1994 Fla. App. LEXIS 3265, 1994 WL 114748

District Court of Appeal of Florida | Filed: Apr 8, 1994 | Docket: 64747603

Published

two counts of sexual battery in violation of section 794.011(3), Florida Statutes (1991), a life felony

Button v. State

641 So. 2d 106, 1994 Fla. App. LEXIS 1664, 1994 WL 63492

District Court of Appeal of Florida | Filed: Mar 2, 1994 | Docket: 64750289

Published

battery on a child under twelve, in violation of section 794.011(2), Florida Statutes. The crimes charged in

Lambert v. State

630 So. 2d 230, 1994 Fla. App. LEXIS 323, 1994 WL 22561

District Court of Appeal of Florida | Filed: Jan 26, 1994 | Docket: 64745770

Published

for the crime of sexual battery contrary to section 794.011, Florida Statutes (1991), a life felony. The

Wilson v. State

630 So. 2d 1186, 1994 Fla. App. LEXIS 75, 1994 WL 7684

District Court of Appeal of Florida | Filed: Jan 14, 1994 | Docket: 64746015

Published

of capital sexual battery, a violation of section 794.011(2), Florida Statutes (1991). The state concedes

Thompson v. State

627 So. 2d 74, 1993 Fla. App. LEXIS 11641, 1993 WL 474115

District Court of Appeal of Florida | Filed: Nov 19, 1993 | Docket: 64744265

Published

physically incapacitated victim, in violation of Section 794.011(4)®, Florida Statutes (1991), and sexual activity

Haas v. State

625 So. 2d 103, 1993 Fla. App. LEXIS 10319, 1993 WL 405179

District Court of Appeal of Florida | Filed: Oct 12, 1993 | Docket: 64743308

Published

(Fla.1989). SMITH and KAHN, JJ., concur. . Section 794.011(2), Florida Statutes (1987), makes it a life

Blowe v. State

621 So. 2d 587, 1993 Fla. App. LEXIS 7935, 1993 WL 284663

District Court of Appeal of Florida | Filed: Jul 30, 1993 | Docket: 64697720

Published

who commits a sexual battery in violation of section 794.011(3), Florida Statutes (1989), is guilty of a

Hicks v. State

622 So. 2d 14, 1993 Fla. App. LEXIS 6731, 1993 WL 221393

District Court of Appeal of Florida | Filed: Jun 25, 1993 | Docket: 64697977

Published

Apparently, defense counsel was referring to section 794.-011(4)(b): *15A person who commits sexual battery

Department of Health & Rehabilitative Services v. Smith

618 So. 2d 379, 1993 Fla. App. LEXIS 5841, 1993 WL 177768

District Court of Appeal of Florida | Filed: May 28, 1993 | Docket: 64696286

Published

of interviews that a victim of a violation of § 794.011, § 800.-04, § 827.03, or § 827.04 who is under

Taylor v. State

619 So. 2d 1017, 1993 Fla. App. LEXIS 5754, 1993 WL 177752

District Court of Appeal of Florida | Filed: May 28, 1993 | Docket: 64696913

Published

principal in the first degree to a violation of section 794.011. Pursuant to section 777.-011, Taylor “could

Ashwood v. State

616 So. 2d 199, 1993 Fla. App. LEXIS 4226, 1993 WL 114674

District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 64695302

Published

Ashwood was improperly sentenced. Pursuant to section 794.-011(3), Florida Statutes (1989), sexual battery

Bonney v. State

613 So. 2d 532, 1993 Fla. App. LEXIS 641, 1993 WL 17752

District Court of Appeal of Florida | Filed: Jan 27, 1993 | Docket: 64693971

Published

with a deadly weapon, a life felony under section 794.011(3), Florida Statutes (1989), and burglary,

Lee v. State

606 So. 2d 1222, 1992 Fla. App. LEXIS 10607, 1992 WL 277245

District Court of Appeal of Florida | Filed: Oct 12, 1992 | Docket: 64670912

Published

for sexual battery with a firearm because section 794.-011(3), under which he was convicted, provides

Mishoe v. State

601 So. 2d 1284, 1992 Fla. App. LEXIS 13752, 1992 WL 150866

District Court of Appeal of Florida | Filed: Jul 2, 1992 | Docket: 64668792

Published

GOSHORN, C.J., COBB and COWART, JJ., concur. . § 794.011(2), Fla.Stat. (1989). . § 784.03, Fla.Stat.

Pelham v. State

595 So. 2d 581, 1992 Fla. App. LEXIS 3303, 1992 WL 57544

District Court of Appeal of Florida | Filed: Mar 25, 1992 | Docket: 64665943

Published

with a deadly weapon which is a life felony. § 794.011(3), Fla.Stat. (1989). Because life felonies are

Pelham v. State

595 So. 2d 581, 1992 Fla. App. LEXIS 3325, 1992 WL 57543

District Court of Appeal of Florida | Filed: Mar 25, 1992 | Docket: 64665942

Published

with a deadly weapon which is a life felony. § 794.011(3), Fla.Stat. (1989). Because life felonies are

Washington v. State

597 So. 2d 840, 1992 Fla. App. LEXIS 2826, 1992 WL 55224

District Court of Appeal of Florida | Filed: Mar 24, 1992 | Docket: 64666841

Published

Sexual battery with a firearm, in violation of Section 794.011(2), Florida Statutes (1989) — sentenced to

James v. State

595 So. 2d 297, 1992 Fla. App. LEXIS 3501, 1992 WL 51095

District Court of Appeal of Florida | Filed: Mar 20, 1992 | Docket: 64665884

Published

committing a sexual battery in violation of section 794.011(5), Florida Statutes (1991). The judgment and

In the Interest of B.T. v. State

594 So. 2d 299, 17 Fla. L. Weekly Supp. 114, 1992 Fla. LEXIS 236, 1992 WL 24972

Supreme Court of Florida | Filed: Feb 13, 1992 | Docket: 64665478

Published

same,” an offense under the provisions of section 794.011(4)(e), Florida Statutes (1989). The original

State v. Theriault

590 So. 2d 992

District Court of Appeal of Florida | Filed: Dec 5, 1991 | Docket: 64663934

Published

concur. . § 800.04(1), Fla.Stat. (1985). . § 794.011(2), Fla.Stat. (1985). . § 794.041(2)(b), Fla

Leaty v. State

590 So. 2d 512, 1991 Fla. App. LEXIS 12112, 1991 WL 256227

District Court of Appeal of Florida | Filed: Dec 4, 1991 | Docket: 64663736

Published

Sexual battery is categorized as a life felony. § 794.011(3), Fla.Stat. (1989). A life felony is not enumerated

Hernandez v. State

586 So. 2d 1344, 1991 Fla. App. LEXIS 13951, 1991 WL 203107

District Court of Appeal of Florida | Filed: Oct 11, 1991 | Docket: 64662151

Published

to prove the crime charged, a violation of section 794.-011, Florida Statutes (1985), by failing to prove

Jaggers v. State

588 So. 2d 613, 1991 Fla. App. LEXIS 9449, 1991 WL 191612

District Court of Appeal of Florida | Filed: Sep 27, 1991 | Docket: 64662778

Published

less than twelve years of age in violation of section 794.011(2), Florida Statutes (1985), upon retrial after

McConnellv. State

581 So. 2d 251, 1991 Fla. App. LEXIS 6098, 1991 WL 115602

District Court of Appeal of Florida | Filed: Jun 26, 1991 | Docket: 64659500

Published

identifies his conviction for sexual battery under section 794.011(2), Florida Statutes (1989), as a life felony

Banaszak v. State

579 So. 2d 867, 1991 Fla. App. LEXIS 4744, 1991 WL 85540

District Court of Appeal of Florida | Filed: May 22, 1991 | Docket: 64658813

Published

battery of a child is a capital felony under section 794.011(2), Florida Statutes (1989), it is not subject

State v. Young

579 So. 2d 380, 1991 Fla. App. LEXIS 4477, 1991 WL 77661

District Court of Appeal of Florida | Filed: May 16, 1991 | Docket: 64658668

Published

less than 12 years of age, in violation of section 794.011(2), Florida Statutes, which provides in relevant

Studstill v. State

578 So. 2d 484, 1991 Fla. App. LEXIS 3717, 1991 WL 61766

District Court of Appeal of Florida | Filed: Apr 25, 1991 | Docket: 64658279

Published

vagina of [the victim] contrary to section 794.011(5).” Section 794.011(l)(h) defines the term “sexual battery”

Downey v. State

578 So. 2d 792, 1991 Fla. App. LEXIS 3558, 1991 WL 56384

District Court of Appeal of Florida | Filed: Apr 18, 1991 | Docket: 64658329

Published

likely to cause serious injury in violation of section 794.-011(3), Florida Statutes (1989). Based upon the

Gautreaux v. State

588 So. 2d 1, 1991 WL 174436

District Court of Appeal of Florida | Filed: Apr 12, 1991 | Docket: 64662528

Published

force likely to cause serious personal injury.” § 794.011(3), Fla.Stat. (1989). Further, appellant’s argument

Wise v. State

576 So. 2d 428, 1991 Fla. App. LEXIS 2294, 1991 WL 35878

District Court of Appeal of Florida | Filed: Mar 20, 1991 | Docket: 64657349

Published

three counts of sexual battery pursuant to section 794.-011(4)(b). However, the state concedes that the

Stamper v. State

576 So. 2d 425, 1991 Fla. App. LEXIS 2364, 1991 WL 35412

District Court of Appeal of Florida | Filed: Mar 20, 1991 | Docket: 64657346

Published

mandatory terms for his convictions under section 794.011(2) constitute cruel and unusual punishment

Morgan v. State

575 So. 2d 778, 1991 Fla. App. LEXIS 1797, 1991 WL 27504

District Court of Appeal of Florida | Filed: Mar 7, 1991 | Docket: 64656886

Published

defendant guilty on four counts of sexual battery, section 794.011(3), Florida Statutes (1989), one count of kidnapping

Interest of B.T. v. State

573 So. 2d 101, 1991 Fla. App. LEXIS 49

District Court of Appeal of Florida | Filed: Jan 3, 1991 | Docket: 64655868

Published

“without the victim’s consent ... contrary to section 794.-011(5), Florida Statutes, a second degree felony

Davis v. State

567 So. 2d 25, 1990 Fla. App. LEXIS 7164, 1990 WL 135820

District Court of Appeal of Florida | Filed: Sep 19, 1990 | Docket: 64653155

Published

not likely to cause serious personal injury. § 794.011(5), Fla.Stat. (1985). The trial court convicted

Stidham v. State

567 So. 2d 14, 1990 Fla. App. LEXIS 6583, 1990 WL 126172

District Court of Appeal of Florida | Filed: Aug 31, 1990 | Docket: 64653147

Published

battery on a child under twelve in violation of section 794.011, Florida Statutes (1985), and two counts of

Constantine v. State

566 So. 2d 321, 1990 Fla. App. LEXIS 6267, 1990 WL 118957

District Court of Appeal of Florida | Filed: Aug 17, 1990 | Docket: 64652710

Published

concurrent life sentences for sexual battery. § 794.011(2), Fla.Stat. (1981). Even if he should ultimately

Harris v. State

566 So. 2d 823, 1990 Fla. App. LEXIS 6210, 1990 WL 117266

District Court of Appeal of Florida | Filed: Aug 16, 1990 | Docket: 64652927

Published

includes any act defined as sexual battery under section 794.-011(l)(h) upon any child under the age of 16 years

Haggerty v. State

566 So. 2d 825, 1990 Fla. App. LEXIS 6360, 1990 WL 121405

District Court of Appeal of Florida | Filed: Aug 16, 1990 | Docket: 64652928

Published

Commits an act defined as sexual battery under section 794.011(l)(h) upon any child under the age of 16 years

Laster v. State

564 So. 2d 536, 1990 Fla. App. LEXIS 4729, 1990 WL 91862

District Court of Appeal of Florida | Filed: Jul 5, 1990 | Docket: 64651847

Published

upon a person less than twelve years of age, section 794.011(2), Florida Statutes (1985), and lewd and lascivious

Tillman v. State

559 So. 2d 754, 1990 Fla. App. LEXIS 2977, 1990 WL 57992

District Court of Appeal of Florida | Filed: May 2, 1990 | Docket: 64649668

Published

with “penetration” but not “union with” under section 794.011(l)(h), Florida Statutes (1987), however, the

Bateson v. Dugger

556 So. 2d 498, 1990 Fla. App. LEXIS 640, 1990 WL 7638

District Court of Appeal of Florida | Filed: Feb 6, 1990 | Docket: 64647991

Published

likely to cause serious injury, contrary to section 794.011(3), Florida Statutes (1983), and kidnapping

Hodak v. State

555 So. 2d 1326, 1990 Fla. App. LEXIS 545, 1990 WL 6439

District Court of Appeal of Florida | Filed: Feb 1, 1990 | Docket: 64647733

Published

the basis that the trial court misconstrued section 794.011(1)(h), Florida Statutes (1987), in denying

Nash v. State

552 So. 2d 1195, 14 Fla. L. Weekly 2755, 1989 Fla. App. LEXIS 6689, 1989 WL 143450

District Court of Appeal of Florida | Filed: Nov 30, 1989 | Docket: 64646624

Published

, concur. . § 800.04, Fla.Stat. (1987). . § 794.011(2), Fla.Stat. (1987).

Nash v. State

552 So. 2d 1195, 14 Fla. L. Weekly 2755, 1989 Fla. App. LEXIS 6689, 1989 WL 143450

District Court of Appeal of Florida | Filed: Nov 30, 1989 | Docket: 64646624

Published

, concur. . § 800.04, Fla.Stat. (1987). . § 794.011(2), Fla.Stat. (1987).

Haines v. State

552 So. 2d 320, 14 Fla. L. Weekly 2694, 1989 Fla. App. LEXIS 6705, 1989 WL 139117

District Court of Appeal of Florida | Filed: Nov 21, 1989 | Docket: 64646359

Published

convicted of sexual battery in violation of section 794.011(2), Florida Statutes (1987), a capital felony

Haines v. State

552 So. 2d 320, 14 Fla. L. Weekly 2694, 1989 Fla. App. LEXIS 6705, 1989 WL 139117

District Court of Appeal of Florida | Filed: Nov 21, 1989 | Docket: 64646359

Published

convicted of sexual battery in violation of section 794.011(2), Florida Statutes (1987), a capital felony

Campbell v. State

553 So. 2d 184, 14 Fla. L. Weekly 2095, 1989 Fla. App. LEXIS 5025, 1989 WL 104001

District Court of Appeal of Florida | Filed: Sep 7, 1989 | Docket: 64646752

Published

guilty of attempted sexual battery pursuant to section 794.011(4)(e), Florida Statutes. That subsection provides:

Thomas v. State

547 So. 2d 1282, 14 Fla. L. Weekly 2022, 1989 Fla. App. LEXIS 4790, 1989 WL 99681

District Court of Appeal of Florida | Filed: Aug 30, 1989 | Docket: 64644543

Published

sexual battery upon a child in violation of section 794.011(2), Florida Statutes (1987). Appellant pled

Arencibia v. State

539 So. 2d 531, 14 Fla. L. Weekly 624, 1989 Fla. App. LEXIS 1136, 1989 WL 18795

District Court of Appeal of Florida | Filed: Mar 7, 1989 | Docket: 64640858

Published

minor child of seven years in violation of section 794.011(2), Florida Statutes (1983). He received a

Ellis v. State

538 So. 2d 118, 14 Fla. L. Weekly 397, 1989 Fla. App. LEXIS 621, 1989 WL 10922

District Court of Appeal of Florida | Filed: Feb 9, 1989 | Docket: 64640344

Published

ERVIN, J., concur. . The attempt to commit a Section 794.011(2) sexual battery does indeed appear to be

Collier v. State

535 So. 2d 316, 13 Fla. L. Weekly 2651, 1988 Fla. App. LEXIS 5487, 1988 WL 130067

District Court of Appeal of Florida | Filed: Dec 8, 1988 | Docket: 64639173

Published

attempted sexual battery in Florida rather than section 794.011(5) Florida Statutes. In order to determine

Frison v. State

533 So. 2d 954, 13 Fla. L. Weekly 2569, 1988 Fla. App. LEXIS 5112, 1988 WL 123689

District Court of Appeal of Florida | Filed: Nov 23, 1988 | Docket: 64638590

Published

battery with a deadly weapon in violation of section 794.011(3), Florida Statutes (1987). His sentencing

Cordts v. State

532 So. 2d 1363, 13 Fla. L. Weekly 2482, 1988 Fla. App. LEXIS 4922, 1988 WL 117621

District Court of Appeal of Florida | Filed: Nov 9, 1988 | Docket: 64638131

Published

contention that the crime of sexual battery under section 794.011, Florida Statutes (1985), is not committed

Molden v. State

530 So. 2d 1000, 13 Fla. L. Weekly 1990, 1988 Fla. App. LEXIS 4003, 1988 WL 87450

District Court of Appeal of Florida | Filed: Aug 24, 1988 | Docket: 64636918

Published

cause serious personal injury, contrary to Section 794.011(5), Florida Statutes (1984 Supp.). The same

United States v. Howard

691 F. Supp. 1398, 1988 U.S. Dist. LEXIS 9311, 1988 WL 87093

District Court, S.D. Florida | Filed: Aug 11, 1988 | Docket: 1391476

Published

multiple counts of sexual battery. Fla.Stat. § 794.011. The State dismissed these charges when the United

Snodderly v. State

528 So. 2d 982, 13 Fla. L. Weekly 1723, 1988 Fla. App. LEXIS 3291, 1988 WL 75574

District Court of Appeal of Florida | Filed: Jul 22, 1988 | Docket: 64636148

Published

child under the age of eleven, in violation of section 794.011(2), Florida Statutes. We find no reversible

Wise v. State

528 So. 2d 507, 13 Fla. L. Weekly 1669, 1988 Fla. App. LEXIS 3021, 1988 WL 72249

District Court of Appeal of Florida | Filed: Jul 13, 1988 | Docket: 64636033

Published

upon a child twelve years of age or under. Section 794.011(2), Florida Statutes (1987), continues to categorize

Ingraham v. State

527 So. 2d 222, 13 Fla. L. Weekly 1072, 1988 Fla. App. LEXIS 1782, 1988 WL 40958

District Court of Appeal of Florida | Filed: May 5, 1988 | Docket: 64635623

Published

likely to cause serious personal injury” under section 794.011(3) and included in the charge that he “did

Batie v. State

521 So. 2d 295, 13 Fla. L. Weekly 582, 1988 Fla. App. LEXIS 5867, 1988 WL 18121

District Court of Appeal of Florida | Filed: Mar 4, 1988 | Docket: 64633154

Published

years *296old by a person 18 years or older, section 794.011(2), Florida Statutes. At a post-trial hearing

State v. Perez

519 So. 2d 669, 13 Fla. L. Weekly 261, 1988 Fla. App. LEXIS 244

District Court of Appeal of Florida | Filed: Jan 22, 1988 | Docket: 64632500

Published

and reverse. The crimes were charged under section 794.011(2), Florida Statutes (Supp.1974 and 1975)1

McClain v. State

516 So. 2d 53, 12 Fla. L. Weekly 2763, 1987 Fla. App. LEXIS 11308, 1987 WL 2114

District Court of Appeal of Florida | Filed: Dec 2, 1987 | Docket: 64631201

Published

his three stepchildren. He was charged under section 794.011, Florida Statutes (1985). The act was said

Crouse v. State

518 So. 2d 287, 12 Fla. L. Weekly 2280, 1987 Fla. App. LEXIS 10292, 1987 WL 677

District Court of Appeal of Florida | Filed: Sep 16, 1987 | Docket: 64631965

Published

second reason for departure is invalid because section 794.011(4)(e), Florida Statutes (1981), provided for

Broxson v. State

510 So. 2d 1255, 12 Fla. L. Weekly 2024, 1987 Fla. App. LEXIS 9966

District Court of Appeal of Florida | Filed: Aug 19, 1987 | Docket: 64628825

Published

with the threat or use of a deadly weapon. Section 794.011(3), Florida Statutes (1985). At trial, the

In Interest of M.C.N. v. State

511 So. 2d 1019, 12 Fla. L. Weekly 1790, 1987 Fla. App. LEXIS 9431

District Court of Appeal of Florida | Filed: Jul 23, 1987 | Docket: 64629064

Published

and guilt adjudicated based on violation of section 794.011(5), Florida Statutes (1985) (forcible rape)

Karchesky v. State

509 So. 2d 403, 12 Fla. L. Weekly 1657, 1987 Fla. App. LEXIS 9149

District Court of Appeal of Florida | Filed: Jul 9, 1987 | Docket: 64628231

Published

considered a necessarily lesser offense of section 794.011(5), sexual battery (with or without chastity

Golden v. State

509 So. 2d 1154, 12 Fla. L. Weekly 1495, 1987 Fla. App. LEXIS 8902

District Court of Appeal of Florida | Filed: Jun 17, 1987 | Docket: 64628394

Published

cause serious personal injury is a life felony. § 794.-011(3), Fla.Stat. (1983). An attempted life felony

Florida Bar Re Standard Jury Instructions—Criminal

508 So. 2d 1221, 12 Fla. L. Weekly 259, 1987 Fla. LEXIS 1921

Supreme Court of Florida | Filed: May 28, 1987 | Docket: 64628105

Published

BATTERY-VICTIM LESS THAN TWELVE YEARS OF AGE, F.S. 794.011(2); (2) An amendment to SEXUAL BATTERY-VICTIM

Gresham v. State

506 So. 2d 41, 12 Fla. L. Weekly 1097, 1987 Fla. App. LEXIS 7911

District Court of Appeal of Florida | Filed: Apr 22, 1987 | Docket: 64626697

Published

battery, a capital felony, in violation of section 794.011(2), Florida Statutes (1985). He was sentenced

Wilson v. State

502 So. 2d 950, 12 Fla. L. Weekly 342, 1987 Fla. App. LEXIS 6402

District Court of Appeal of Florida | Filed: Jan 23, 1987 | Docket: 64625147

Published

retaliation, a felony of the first degree under section 794.011(4)(c), Florida Statutes (1985), are excessive

Duval v. State

500 So. 2d 570, 11 Fla. L. Weekly 2568, 1986 Fla. App. LEXIS 11198

District Court of Appeal of Florida | Filed: Dec 3, 1986 | Docket: 64624249

Published

was charged with sexual battery violative of section 794.011(3), Florida Statutes (1984), and was tried

Foreman v. State

498 So. 2d 601, 11 Fla. L. Weekly 2568, 1986 Fla. App. LEXIS 11197

District Court of Appeal of Florida | Filed: Dec 3, 1986 | Docket: 64623492

Published

threat of force or violence in violation of section 794.011(4)(b). An element of that crime is the threat

Croney v. State

495 So. 2d 926, 11 Fla. L. Weekly 2196, 1986 Fla. App. LEXIS 10065

District Court of Appeal of Florida | Filed: Oct 15, 1986 | Docket: 64622249

Published

finger penetrated the vagina of [the victim]. Section 794.011(l)(h), Florida Statutes (1985), provides: *928(h)

Florida Parole & Probation Commission v. Griffin

497 So. 2d 1242, 11 Fla. L. Weekly 1853, 1986 Fla. App. LEXIS 9459

District Court of Appeal of Florida | Filed: Aug 22, 1986 | Docket: 64623212

Published

personal injury, a second degree felony under section 794.011(5), Florida Statutes (1981). He was adjudicated

Meekins v. State

492 So. 2d 484, 11 Fla. L. Weekly 1795, 1986 Fla. App. LEXIS 9392

District Court of Appeal of Florida | Filed: Aug 13, 1986 | Docket: 64620980

Published

felony and requires, correction. Pursuant to section 794.011(4)(b), Florida Statutes (1984), it is a felony

Diggs v. State

489 So. 2d 1228, 11 Fla. L. Weekly 1324, 1986 Fla. App. LEXIS 8281

District Court of Appeal of Florida | Filed: Jun 12, 1986 | Docket: 64620089

Published

likely to cause serious injury in violation of section 794.011(3), Florida Statutes (1985). He was convicted

Diggs v. State

489 So. 2d 1228, 11 Fla. L. Weekly 1324, 1986 Fla. App. LEXIS 8281

District Court of Appeal of Florida | Filed: Jun 12, 1986 | Docket: 64620089

Published

likely to cause serious injury in violation of section 794.011(3), Florida Statutes (1985). He was convicted

Hayes v. State

488 So. 2d 902, 11 Fla. L. Weekly 1174, 1986 Fla. App. LEXIS 7948

District Court of Appeal of Florida | Filed: May 22, 1986 | Docket: 64619508

Published

battery with a deadly weapon is a life felony. § 794.011(3), Fla. Stat. (1985). An attempt to commit a

Dirk v. State

479 So. 2d 265, 10 Fla. L. Weekly 2671, 1985 Fla. App. LEXIS 17173

District Court of Appeal of Florida | Filed: Dec 5, 1985 | Docket: 64615892

Published

13(2)(c), Fla.Stat. (1983), case no. 85-407. . § 794.011(4)(b), Fla.Stat. (1983), case no. 85-407. .

Dirk v. State

479 So. 2d 265, 10 Fla. L. Weekly 2671, 1985 Fla. App. LEXIS 17173

District Court of Appeal of Florida | Filed: Dec 5, 1985 | Docket: 64615892

Published

13(2)(c), Fla.Stat. (1983), case no. 85-407. . § 794.011(4)(b), Fla.Stat. (1983), case no. 85-407. .

Sanchious v. State

478 So. 2d 1191, 10 Fla. L. Weekly 2636, 1985 Fla. App. LEXIS 17105

District Court of Appeal of Florida | Filed: Nov 29, 1985 | Docket: 64615751

Published

REMAND. COBB, C.J., and ORFINGER, J., concur. . § 794.011(3), Fla.Stat. (1983). . § 775.082(3)(d), Fla

Jones v. State

478 So. 2d 493, 10 Fla. L. Weekly 2549, 1985 Fla. App. LEXIS 16691

District Court of Appeal of Florida | Filed: Nov 14, 1985 | Docket: 64615528

Published

likely to cause serious personal injury under section 794.011, Florida Statutes (1983). Jones contends that

In the Interest of M.A.

477 So. 2d 47, 10 Fla. L. Weekly 2397, 1985 Fla. App. LEXIS 16384

District Court of Appeal of Florida | Filed: Oct 23, 1985 | Docket: 64614810

Published

for two counts of sexual battery pursuant to section 794.011(2), Florida Statutes (1983). The sole point

Robinson v. State

471 So. 2d 632, 10 Fla. L. Weekly 1562, 1985 Fla. App. LEXIS 14795

District Court of Appeal of Florida | Filed: Jun 25, 1985 | Docket: 64612746

Published

cause serious personal injury. We affirm. Section 794.011(3), Florida Statutes, under which appellant

Miller v. State

467 So. 2d 1084, 10 Fla. L. Weekly 1072, 1985 Fla. App. LEXIS 13678

District Court of Appeal of Florida | Filed: Apr 26, 1985 | Docket: 64611558

Published

appellant with sexual battery, contrary to section 794.011(3), Florida Statutes (1983), and burglary of

Foreman v. State

458 So. 2d 1213, 9 Fla. L. Weekly 2418, 1984 Fla. App. LEXIS 16574

District Court of Appeal of Florida | Filed: Nov 16, 1984 | Docket: 64608186

Published

(1983). Sexual battery is a first degree felony. § 794.011(4)(b), Fla.Stat. (1983). Of the five points raised

Wade v. Parole & Probation Commission

457 So. 2d 575, 9 Fla. L. Weekly 2174, 1984 Fla. App. LEXIS 15477

District Court of Appeal of Florida | Filed: Oct 11, 1984 | Docket: 64607406

Published

count for sexual battery in *576violation of section 794.011(5). Wade was convicted of the sexual battery

Keen v. State

456 So. 2d 571, 9 Fla. L. Weekly 2099, 1984 Fla. App. LEXIS 15225

District Court of Appeal of Florida | Filed: Sep 28, 1984 | Docket: 64607031

Published

offense against a four year old victim is section 794.011(2), Florida Statutes (1983). Therefore, when

Weekley v. State

453 So. 2d 896, 9 Fla. L. Weekly 1722, 1984 Fla. App. LEXIS 14623

District Court of Appeal of Florida | Filed: Aug 8, 1984 | Docket: 64606234

Published

over the age of eighteen years, proscribed by section 794.011(2), Florida Statutes, is still a life sentence

Washington v. State

452 So. 2d 82, 1984 Fla. App. LEXIS 13365

District Court of Appeal of Florida | Filed: May 23, 1984 | Docket: 64605619

Published

person of the age eleven or younger contrary to Section 794.-011, Florida Statutes (1981), and two counts of

Washington v. State

452 So. 2d 82, 1984 Fla. App. LEXIS 13365

District Court of Appeal of Florida | Filed: May 23, 1984 | Docket: 64605619

Published

person of the age eleven or younger contrary to Section 794.-011, Florida Statutes (1981), and two counts of

Leduc v. State

448 So. 2d 32, 1984 Fla. App. LEXIS 12399

District Court of Appeal of Florida | Filed: Mar 27, 1984 | Docket: 64604049

Published

persons under the age of eleven in violation of Section 794.011(2), Florida Statutes (1981), and one count

State v. Mendoza

444 So. 2d 570, 1984 Fla. App. LEXIS 11600

District Court of Appeal of Florida | Filed: Jan 31, 1984 | Docket: 64602445

Published

eleven years of age or younger, a violation of Section 794.011(2), Florida Statutes (1981). The trial court

Stark v. State

444 So. 2d 1081, 1984 Fla. App. LEXIS 11433

District Court of Appeal of Florida | Filed: Jan 25, 1984 | Docket: 64602575

Published

his victims to coerce submission contrary to Section 794.-011(4)(e), Florida Statutes (1981). At the conclusion

State v. Jimenez

443 So. 2d 204

District Court of Appeal of Florida | Filed: Dec 13, 1983 | Docket: 64601947

Published

eleven years of age or younger in violation of Section 794.011(2), Florida Statutes (1981). He entered a plea

Dupree v. State

436 So. 2d 317, 1983 Fla. App. LEXIS 20028

District Court of Appeal of Florida | Filed: Aug 10, 1983 | Docket: 64599079

Published

not likely to cause serious personal injury, Section 794.011(5), Florida Statutes (1981), Dupree appeals

Davenport v. State

429 So. 2d 1352, 1983 Fla. App. LEXIS 19161

District Court of Appeal of Florida | Filed: Apr 20, 1983 | Docket: 64596485

Published

REMANDED. SCHEB and RYDER, JJ., concur. . See § 794.011(5), Fla.Stat. (1981). . See § 784.03, Fla.Stat

C.W.P. v. State

424 So. 2d 200, 1983 Fla. App. LEXIS 18445

District Court of Appeal of Florida | Filed: Jan 5, 1983 | Docket: 64594416

Published

eleven years of age or younger, pursuant to Section 794.011(2), Florida Statutes. Appellant challenged

L.J. v. State

421 So. 2d 198, 1982 Fla. App. LEXIS 21661

District Court of Appeal of Florida | Filed: Nov 9, 1982 | Docket: 64592982

Published

penetration of another by any object; ...” Section 794.011(1)(f) Fla.Stat. (1981). An attempt to commit

Bowers v. State

420 So. 2d 369, 1982 Fla. App. LEXIS 21314

District Court of Appeal of Florida | Filed: Oct 8, 1982 | Docket: 64592526

Published

(2) sexual battery with the threat of force [Section 794.011(4)(b), Florida Statutes (1981)]; and (3) aggravated

Yero v. State

420 So. 2d 338, 1982 Fla. App. LEXIS 21352

District Court of Appeal of Florida | Filed: Oct 5, 1982 | Docket: 64592512

Published

battery upon a person 11 years of age pursuant to F.S. 794.011(2). A Pre-Sentence Investigation Report was

Ault v. State

415 So. 2d 147, 1982 Fla. App. LEXIS 20349

District Court of Appeal of Florida | Filed: Jun 16, 1982 | Docket: 64590570

Published

charged with sexual battery in violation of section 794.011(5), Florida Statutes (1979). He pled nolo conten-dere

Smith v. State

412 So. 2d 47, 1982 Fla. App. LEXIS 19701

District Court of Appeal of Florida | Filed: Apr 7, 1982 | Docket: 64589050

Published

following his conviction for sexual battery under section 794.011(5), Florida Statutes (1979). The record clearly

Thomas v. State

404 So. 2d 1128, 1981 Fla. App. LEXIS 21420

District Court of Appeal of Florida | Filed: Oct 20, 1981 | Docket: 64585577

Published

involuntary sexual battery in violation of Section 794.-011(5), Florida Statutes (1977). As to Count I

S. L. S. v. State

404 So. 2d 1105, 1981 Fla. App. LEXIS 21244

District Court of Appeal of Florida | Filed: Oct 8, 1981 | Docket: 64585568

Published

upon a person eleven years of age or younger. § 794.011(2), Florida Statutes. Following presentation of

Christian v. State

400 So. 2d 141, 1981 Fla. App. LEXIS 20228

District Court of Appeal of Florida | Filed: Jun 17, 1981 | Docket: 64583421

Published

battery with a deadly weapon in violation of section 794.011(3) and on Count IV, kidnapping in violation

Studstill v. State

394 So. 2d 1040, 1981 Fla. App. LEXIS 18703

District Court of Appeal of Florida | Filed: Feb 11, 1981 | Docket: 64580806

Published

concur. . § 787.01(l)(a)2, Fla.Stat. (1979). . § 794.011(3), Fla.Stat. (1979). . §§ 812.13(1) and 812

Wright v. State

390 So. 2d 118, 1980 Fla. App. LEXIS 17597

District Court of Appeal of Florida | Filed: Nov 12, 1980 | Docket: 64578793

Published

classification of “eleven years of age or younger.” See Section 794.011(2). We answer in the negative and therefore

Shue v. State

386 So. 2d 1256, 1980 Fla. App. LEXIS 16824

District Court of Appeal of Florida | Filed: Jul 30, 1980 | Docket: 64577761

Published

eleven years of age or younger in violation of section 794.011(2), Florida Statutes (1975). The jury returned

Davis v. State

384 So. 2d 53, 1980 Fla. App. LEXIS 16360

District Court of Appeal of Florida | Filed: Jun 4, 1980 | Docket: 64576408

Published

sentence for attempted sexual battery under Section 794.011(4)(e), Florida Statutes (1979). He also appeals

Denton v. State

382 So. 2d 1381, 1980 Fla. App. LEXIS 16137

District Court of Appeal of Florida | Filed: May 7, 1980 | Docket: 64575825

Published

sentenced to a term not exceeding thirty years. Section 794.011(5), Florida Statutes (1977), provides that

Lake v. State

380 So. 2d 1120, 1980 Fla. App. LEXIS 15644

District Court of Appeal of Florida | Filed: Mar 5, 1980 | Docket: 64574837

Published

involuntary sexual battery in violation of Section 794.-011(3), Florida Statutes (1977). Count II of the

Howell v. State

379 So. 2d 1292, 1979 Fla. App. LEXIS 16337

District Court of Appeal of Florida | Filed: Dec 21, 1979 | Docket: 64574415

Published

contendere to a charge of sexual battery under § 794.011, F.S. The order finds: Defendant appeared before

McClanahan v. State

377 So. 2d 240, 1979 Fla. App. LEXIS 15917

District Court of Appeal of Florida | Filed: Nov 28, 1979 | Docket: 64573015

Published

threats with a deadly weapon pursuant to Florida Statute 794.011(2). The jury was furnished a verdict form

Roberts v. State

376 So. 2d 247, 1979 Fla. App. LEXIS 15537

District Court of Appeal of Florida | Filed: Sep 19, 1979 | Docket: 64572513

Published

involuntary sexual battery in violation of Section 794.011(2), Florida Statutes (1977), it being charged

Grange v. State

371 So. 2d 723, 1979 Fla. App. LEXIS 15264

District Court of Appeal of Florida | Filed: Jun 15, 1979 | Docket: 64570504

Published

, concur. . A second degree felony under Section 794.-011(4)(b), Florida Statutes (1977). . A felony

Donaldson v. State

371 So. 2d 1073, 1979 Fla. App. LEXIS 15290

District Court of Appeal of Florida | Filed: Jun 12, 1979 | Docket: 64570609

Published

cause serious personal harm, in violation of Section 794.011(5) Florida Statutes (1974). *1074The sole point

Godwin v. State

369 So. 2d 577, 1979 Fla. LEXIS 4633

Supreme Court of Florida | Filed: Mar 29, 1979 | Docket: 64569584

Published

or younger, a capital felony forbidden by section 794.-011(2), Florida Statutes (1975). The trial court

Wade v. State

368 So. 2d 76, 1979 Fla. App. LEXIS 14202

District Court of Appeal of Florida | Filed: Feb 28, 1979 | Docket: 64568818

Published

was convicted of two separate violations of Section 794.-011(4)(b), Florida Statutes (1975), for a single

Simmons v. State

369 So. 2d 609, 1978 Fla. App. LEXIS 17277

District Court of Appeal of Florida | Filed: Sep 27, 1978 | Docket: 64569595

Published

threatened to use a deadly weapon contrary to Section 794.-011(3), Florida Statutes, (1975) (Count I) and

Wheeler v. State

362 So. 2d 377

District Court of Appeal of Florida | Filed: Aug 17, 1978 | Docket: 1363040

Published

degrees. Chapter 74-121, Laws of Florida; Section 794.011, Florida Statutes (1977). Not until 1975, after

Turner v. State

363 So. 2d 1, 1978 Fla. App. LEXIS 15929

District Court of Appeal of Florida | Filed: Jun 28, 1978 | Docket: 64566474

Published

Associate Judge, concur. . § 794.011(3), Florida Statutes (1975). . § 794.011(5), Florida Statutes (1975)

Smith v. State

357 So. 2d 427, 1978 Fla. App. LEXIS 15714

District Court of Appeal of Florida | Filed: Mar 23, 1978 | Docket: 64563867

Published

produce “serious personal injury” is defined by Section 794.-011(1)(e) as force likely to cause “great bodily

Donaldson v. State

356 So. 2d 351, 1978 Fla. App. LEXIS 15480

District Court of Appeal of Florida | Filed: Feb 27, 1978 | Docket: 64563390

Published

(apparently intending to allege a violation of F.S. 794.011(2)) and the second count in violation of F.S

Donaldson v. State

356 So. 2d 351, 1978 Fla. App. LEXIS 15480

District Court of Appeal of Florida | Filed: Feb 27, 1978 | Docket: 64563390

Published

(apparently intending to allege a violation of F.S. 794.011(2)) and the second count in violation of F.S

Smiley v. State

354 So. 2d 922, 1978 Fla. App. LEXIS 14913

District Court of Appeal of Florida | Filed: Feb 1, 1978 | Docket: 64562625

Published

sister, Annette. Sexual battery, as defined by Section 794.011, supra, “means oral, anal, or vaginal penetration

Brice v. State

348 So. 2d 636, 1977 Fla. App. LEXIS 16028

District Court of Appeal of Florida | Filed: Jul 29, 1977 | Docket: 64559644

Published

concur. . § 794.01 l(4)(b), Fla.Stat. (1973). . § 794.011(5), Fla.Stat. (1975). . § 784.011, Fla.Stat

Phillips v. State

352 So. 2d 73, 1977 Fla. App. LEXIS 15702

District Court of Appeal of Florida | Filed: May 27, 1977 | Docket: 64561381

Published

sufficient only to support a conviction under Section 794.011(5), Florida Statutes (1974 Supplement to Florida

Born v. State

339 So. 2d 310, 1976 Fla. App. LEXIS 15969

District Court of Appeal of Florida | Filed: Nov 23, 1976 | Docket: 64555900

Published

and lack of consent as required by Fla.Stat. § 794.-011(5). After carefully considering the record on

Barrington v. State

338 So. 2d 85, 1976 Fla. App. LEXIS 15586

District Court of Appeal of Florida | Filed: Oct 13, 1976 | Docket: 64555380

Published

his conviction of the crime of sexual battery (F.S. 794.011(4)(a)) and his resulting sentence of life imprisonment

Jackson v. State

336 So. 2d 390, 1976 Fla. App. LEXIS 15296

District Court of Appeal of Florida | Filed: Jul 27, 1976 | Docket: 64554739

Published

by use of a deadly weapon in violation of Section 794.011(3) F.S.A. He was found guilty by a jury of