Florida Statutes
Fla. Stat. § 794.011 (2025)
Sexual battery.
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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.
(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:
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.
(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).
(c) The offense described in paragraph (5)(b) is included in an offense charged under paragraph (4)(b).
(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.
(c) This subsection may be cited as the “Junny Rios-Martinez, Jr. Act of 1992.”
(8) Without regard to the willingness or consent of the victim, which is not a defense to prosecution under this subsection, a person who is in a position of familial or custodial authority to a person less than 18 years of age and who:
(a) Solicits that person to engage in any act which would constitute sexual battery 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.
Arrestable Offenses under F.S. 794.011
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§794.011(5a)SEX ASSLTBY 18Y OLDR VIC 12Y UND 18Y NO PHY FORC VIOL
§794.011(3)SEX ASSLTW WEAPON OR FORCE SEX BATT VICTIM 12 YOA OLDER
§794.011(4)SEX ASSLTRENUMBERED. SEE REC # 7682
§794.011(5)SEX ASSLTRENUMBERED. SEE REC # 7686
§794.011(10)MAKING FALSE REPORTACCUSE LEO OR GOVERNMENT AGENT SEXUAL BATTERY
§794.011(2a)SEX ASSLTBY 18 YOA OLDER SEX BATTERY VICT UNDER 12 YOA
§794.011(2b)SEX ASSLTBY UNDER 18 YOA SEX BATTERY VICTIM UND 12 YOA
§794.011(4a)SEX ASSLTSEX BAT 12 YR LES 18 YR BY PRSN 18 YR OR OLD
§794.011(4b)SEX ASSLTSEX BATT ON 18+ YOA BY PERSON 18 YOA
§794.011(4c)SEX ASSLTSEX BATT ON 12+ YOA BY PERSON LT 18 YOA
§794.011(4d)SEX ASSLTSEX BATT ON 12+ YOA BY PRSN LT 18 YOA SUB OFF
§794.011(5b)SEX ASSLTBY 18Y OLDR VIC 18Y OLDR NO PHY FORC VIOL
§794.011(5c)SEX ASSLTBY 18Y UNDR VIC 12Y OLDR NO PHY FORC VIOL
§794.011(5d)SEX ASSLTSEX BAT VIC 12Y OLDR NO PHY FOR VIOL SUB OFF
§794.011(8a)SEX ASSLTSOL SEX BATT ACT BY CUSTODIAN VICT UND 18 YOA
§794.011(8b)SEX ASSLTBY CUSTODIAN SEX BATT VICT 12 YOA UNDER 18 YOA
§794.011(8c)SEX ASSLTUND 18 YOA CUSTODIAN SEX BATT VICT UND 12 YOA
§794.011(8c)SEX ASSLTBY 18 YOA OLDR CUSTOD SEX BATT VICT UND 12 YOA
Notes of Decisions
Cited in 1,229
cases (92 in the last 5 years), 1974–2026 · leading case: Gilbert Dudley, III v. State of Florida, 139 So. 3d 273 (Fla. 2014).
Gilbert Dudley, III v. State of Florida, 139 So. 3d 273 (Fla. 2014). “§ 794.011, Fla. Stat. The term “mentally defective,” which is the focal point of our analysis, is defined by section 794.”
United States v. Edwin DeShazior, 882 F.3d 1352 (11th Cir. 2018). “The Probation Office prepared a Presentence Investigation Report ("PSI") which indicated that Deshazior was subject to a fifteen-year statutory mandatory minimum sentence under the ACCA based on the following prior felony convictions under Florida law: (i) a 1989 conviction for…”
Gould v. State, 577 So. 2d 1302 (Fla. 1991). “[3] Section 794.011, Florida Statutes (1985), provides: (4) A person who commits sexual battery upon a person 12 years of age or older, without that person's consent, under any of the following circumstances is guilty of a felony of the first degree, punishable as provided in s.”
State v. Meshell, 2 So. 3d 132 (Fla. 2009). “Although the Fifth District reversed the trial court's judgment, holding that pursuant to its precedent the convictions for both Counts 1 and 3 violated double jeopardy, the district court noted that its ruling was inconsistent with various Florida district court of appeal…”
James Houston Roughton v. State of Florida, 185 So. 3d 1207 (Fla. 2016). “§ 794.011(1 )(h), (2)(a), Fla. Stat. (2008).”
Shaara v. State, 581 So. 2d 1339 (Fla. 1st DCA 1991). “For reasons not explained nor made apparent in the record, the jury instructions on the sexual battery *1341 counts, prepared by the state and approved by defense counsel and the court, were phrased in terms of sexual battery by use of a deadly weapon, an offense proscribed by…”
Williams v. State, 957 So. 2d 595 (Fla. 2007). “2d at 1079 , created the possibility that one or more of the offenses specified in that statute could constitute lesser included offenses to sexual battery under section 794.011. In determining whether lewd or lascivious battery is a permissive lesser included offense of sexual…”
Adaway v. State, 902 So. 2d 746 (Fla. 2005). “Adaway's conduct, oral-vaginal union, would not have constituted capital sexual battery before the 1974 amendment to section 794.011. [5] For a life felony committed after July 1, 1995, the trial court may impose a term of imprisonment of life or a term of years not exceeding…”
State v. Rife, 789 So. 2d 288 (Fla. 2001). “Section 794.011(1)(a), Florida Statutes (1997), provides that "`Consent' means intelligent, knowing, and voluntary consent and does not include coerced submission.”
In Re Stand. Jury Instructions in Crim. Cases-instructions 7.8, 7.8(a), & 11.1-11.6(a), 190 So. 3d 1055 (Fla. 2016). “§ 794.011(1) (c), Fla. Stat. “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her…”
Mathis v. State, 682 So. 2d 175 (Fla. 1st DCA 1996). “Bryant was not familiar with the term "mentally defective," as defined in section 794.011. Of critical importance is the fact that Ms.”
Boyd v. State, 910 So. 2d 167 (Fla. 2005). “" § 794.011(1)(a), Fla. Stat. (1997). The State presented substantial evidence that Boyd sexually battered Dacosta, including evidence that Boyd and Dacosta did not know each other before she encountered Boyd while looking for a ride back to her vehicle after obtaining gas at…”
794.011(1): 7 cases
Coley v. State, 616 So. 2d 1017 (Fla. 3d DCA 1993).
In Re Stand. Jury Instructions in Crim. Cases-instructions 7.8, 7.8(a), & 11.1-11.6(a), 190 So. 3d 1055 (Fla. 2016). “§ 794.011(1) (c), Fla. Stat. “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her…”
Marcus Jamal Graham v. State of Florida, 170 So. 3d 141 (Fla. 1st DCA 2015).
Wilson v. State, 622 So. 2d 31 (Fla. 1st DCA 1993).
Gary Flores v. State of Florida (Fla. 4th DCA 2024).
794.011(1)(a): 15 cases
State v. Rife, 789 So. 2d 288 (Fla. 2001). “Section 794.011(1)(a), Florida Statutes (1997), provides that "`Consent' means intelligent, knowing, and voluntary consent and does not include coerced submission.”
Boyd v. State, 910 So. 2d 167 (Fla. 2005). “" § 794.011(1)(a), Fla. Stat. (1997). The State presented substantial evidence that Boyd sexually battered Dacosta, including evidence that Boyd and Dacosta did not know each other before she encountered Boyd while looking for a ride back to her vehicle after obtaining gas at…”
Thomas v. State, 894 So. 2d 126 (Fla. 2004).
Dinkens v. State, 976 So. 2d 660 (Fla. 1st DCA 2008).
Stephen Stubbs v. State of Florida, 275 So. 3d 631 (Fla. 4th DCA 2019).
794.011(1)(b): 10 cases
Gilbert Dudley, III v. State of Florida, 139 So. 3d 273 (Fla. 2014). “§ 794.011, Fla. Stat. The term “mentally defective,” which is the focal point of our analysis, is defined by section 794.”
Mathis v. State, 682 So. 2d 175 (Fla. 1st DCA 1996). “Bryant was not familiar with the term "mentally defective," as defined in section 794.011. Of critical importance is the fact that Ms.”
State v. Dudley, 64 So. 3d 746 (Fla. 5th DCA 2011).
Dinkens v. State, 976 So. 2d 660 (Fla. 1st DCA 2008).
Schimele v. State, 784 So. 2d 591 (Fla. 4th DCA 2001).
794.011(1)(c): 2 cases
Coley v. State, 616 So. 2d 1017 (Fla. 3d DCA 1993).
James Amelio v. State of Florida, 253 So. 3d 1150 (Fla. 4th DCA 2018).
794.011(1)(d): 2 cases
Perez v. State, 479 So. 2d 266 (Fla. 5th DCA 1985).
McIlwain v. State, 402 So. 2d 1194 (Fla. 5th DCA 1981).
794.011(1)(e): 10 cases
Coley v. State, 616 So. 2d 1017 (Fla. 3d DCA 1993).
State v. Subido, 925 So. 2d 1052 (Fla. 5th DCA 2006).
Arroyo v. State, 252 So. 3d 374 (Fla. 3d DCA 2018).
Gould v. State, 558 So. 2d 481 (Fla. 2d DCA 1990).
Hufham v. State, 400 So. 2d 133 (Fla. 5th DCA 1981).
794.011(1)(f): 19 cases
Lanier v. State, 443 So. 2d 178 (Fla. 3d DCA 1983).
Coleman v. State, 484 So. 2d 624 (Fla. 1st DCA 1986).
Hodges v. State, 403 So. 2d 1375 (Fla. 5th DCA 1981).
Hendricks v. State, 360 So. 2d 1119 (Fla. 3d DCA 1978).
Banks v. State, 342 So. 2d 469 (Fla. 1976).
794.011(1)(g): 4 cases
State v. Meshell, 2 So. 3d 132 (Fla. 2009). “Although the Fifth District reversed the trial court's judgment, holding that pursuant to its precedent the convictions for both Counts 1 and 3 violated double jeopardy, the district court noted that its ruling was inconsistent with various Florida district court of appeal…”
Saavedra v. State, 576 So. 2d 953 (Fla. 1st DCA 1991).
Alonso v. State, 821 So. 2d 423 (Fla. 3d DCA 2002).
Dylan Robinson v. State of Florida, 241 So. 3d 972 (Fla. 1st DCA 2018).
794.011(1)(h): 100 cases
Adaway v. State, 902 So. 2d 746 (Fla. 2005). “Adaway's conduct, oral-vaginal union, would not have constituted capital sexual battery before the 1974 amendment to section 794.011. [5] For a life felony committed after July 1, 1995, the trial court may impose a term of imprisonment of life or a term of years not exceeding…”
James Houston Roughton v. State of Florida, 185 So. 3d 1207 (Fla. 2016). “§ 794.011(1 )(h), (2)(a), Fla. Stat. (2008).”
Bottoson v. Moore, 833 So. 2d 693 (Fla. 2002).
Corona v. State, 64 So. 3d 1232 (Fla. 2011).
Boyd v. State, 910 So. 2d 167 (Fla. 2005). “" § 794.011(1)(a), Fla. Stat. (1997). The State presented substantial evidence that Boyd sexually battered Dacosta, including evidence that Boyd and Dacosta did not know each other before she encountered Boyd while looking for a ride back to her vehicle after obtaining gas at…”
794.011(1)(i): 2 cases
George O. Shrader v. State of Florida, 278 So. 3d 270 (Fla. 2d DCA 2019).
Shrader v. Sec'y, Dep't of Corr. (Hillsborough Cnty.) (M.D. Fla. 2025).
794.011(1)(j): 7 cases
Arroyo v. State, 252 So. 3d 374 (Fla. 3d DCA 2018).
Soukup v. State, 760 So. 2d 1072 (Fla. 5th DCA 2000).
Gary Flores v. State of Florida (Fla. 4th DCA 2024).
Anthony Alexander v. State of Florida, 417 So. 3d 368 (Fla. 4th DCA 2025).
Nimer Abdallah v. The State of Florida, 335 So. 3d 696 (Fla. 3d DCA 2021).
794.011(10): 5 cases
John Doe 1 v. Miami-Dade Cnty., 846 F.3d 1180 (11th Cir. 2017).
In Re: Amendments to the Florida Rules of Crim. Procedure-2018 Regular-cycle Report., 265 So. 3d 494 (Fla. 2018).
Harvey v. State, 17 So. 3d 890 (Fla. 4th DCA 2009).
John Doe 1 v. Miami-Dade Cnty., 838 F.3d 1050 (11th Cir. 2016).
794.011(2): 277 cases
Banks v. State, 342 So. 2d 469 (Fla. 1976).
Rusaw v. State, 451 So. 2d 469 (Fla. 1984).
Adaway v. State, 902 So. 2d 746 (Fla. 2005). “Adaway's conduct, oral-vaginal union, would not have constituted capital sexual battery before the 1974 amendment to section 794.011. [5] For a life felony committed after July 1, 1995, the trial court may impose a term of imprisonment of life or a term of years not exceeding…”
State v. Boatwright, 559 So. 2d 210 (Fla. 1990).
Velazquez v. State, 648 So. 2d 302 (Fla. 5th DCA 1995).
794.011(2)(B): 1 case
Riley v. State, 884 So. 2d 218 (Fla. 2d DCA 2004).
794.011(2)(a): 100 cases
James Houston Roughton v. State of Florida, 185 So. 3d 1207 (Fla. 2016). “§ 794.011(1 )(h), (2)(a), Fla. Stat. (2008).”
Ralph Monroe v. State of Florida, 191 So. 3d 395 (Fla. 2016).
Welsh v. State, 850 So. 2d 467 (Fla. 2003).
Baugh v. State, 961 So. 2d 198 (Fla. 2007).
Beber v. State, 887 So. 2d 1248 (Fla. 2004).
794.011(2)(a)(b): 1 case
Ralph Monroe v. State of Florida, 191 So. 3d 395 (Fla. 2016).
794.011(2)(b): 23 cases
Therrien v. State, 859 So. 2d 585 (Fla. 1st DCA 2003).
Hernandez v. State, 946 So. 2d 1270 (Fla. 2d DCA 2007).
State v. J.M., 824 So. 2d 105 (Fla. 2002).
Stephen C. Hanf v. State of Florida, 182 So. 3d 704 (Fla. 1st DCA 2015).
State v. Surin, 920 So. 2d 1162 (Fla. 3d DCA 2006).
794.011(3): 225 cases
Williams v. State, 957 So. 2d 595 (Fla. 2007). “2d at 1079 , created the possibility that one or more of the offenses specified in that statute could constitute lesser included offenses to sexual battery under section 794.011. In determining whether lewd or lascivious battery is a permissive lesser included offense of sexual…”
Holton v. State, 573 So. 2d 284 (Fla. 1991).
McWatters v. State, 36 So. 3d 613 (Fla. 2010).
Shaara v. State, 581 So. 2d 1339 (Fla. 1st DCA 1991). “For reasons not explained nor made apparent in the record, the jury instructions on the sexual battery *1341 counts, prepared by the state and approved by defense counsel and the court, were phrased in terms of sexual battery by use of a deadly weapon, an offense proscribed by…”
Cotton v. State, 395 So. 2d 1287 (Fla. 1st DCA 1981).
794.011(4): 47 cases
Stand. Jury Instructions in Crim. Cases (95-1), 657 So. 2d 1152 (Fla. 1995).
Stand. Jury Instructions in Crim. Cases-Submission 2002-1, 850 So. 2d 1272 (Fla. 2003).
Dautel v. State, 658 So. 2d 88 (Fla. 1995).
Shaara v. State, 581 So. 2d 1339 (Fla. 1st DCA 1991). “For reasons not explained nor made apparent in the record, the jury instructions on the sexual battery *1341 counts, prepared by the state and approved by defense counsel and the court, were phrased in terms of sexual battery by use of a deadly weapon, an offense proscribed by…”
Florida Bar Re Stand. Jury Instructions—Crim., 508 So. 2d 1221 (Fla. 1987).
794.011(4)(a): 38 cases
Gould v. State, 577 So. 2d 1302 (Fla. 1991). “[3] Section 794.011, Florida Statutes (1985), provides: (4) A person who commits sexual battery upon a person 12 years of age or older, without that person's consent, under any of the following circumstances is guilty of a felony of the first degree, punishable as provided in s.”
Shaara v. State, 581 So. 2d 1339 (Fla. 1st DCA 1991). “For reasons not explained nor made apparent in the record, the jury instructions on the sexual battery *1341 counts, prepared by the state and approved by defense counsel and the court, were phrased in terms of sexual battery by use of a deadly weapon, an offense proscribed by…”
Stephen Olenchak v. State of Florida, 183 So. 3d 1227 (Fla. 4th DCA 2016).
Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003).
State v. Sedia, 614 So. 2d 533 (Fla. 4th DCA 1993).
794.011(4)(a)(d): 1 case
Coley v. State, 616 So. 2d 1017 (Fla. 3d DCA 1993).
794.011(4)(b): 53 cases
Shaara v. State, 581 So. 2d 1339 (Fla. 1st DCA 1991). “For reasons not explained nor made apparent in the record, the jury instructions on the sexual battery *1341 counts, prepared by the state and approved by defense counsel and the court, were phrased in terms of sexual battery by use of a deadly weapon, an offense proscribed by…”
Hodges v. State, 386 So. 2d 888 (Fla. 1st DCA 1980).
Gillespie v. State, 440 So. 2d 8 (Fla. 1st DCA 1983).
Smith v. State, 365 So. 2d 405 (Fla. 3d DCA 1978).
United States v. Andres Gomez, 955 F.3d 1250 (11th Cir. 2020).
794.011(4)(c): 9 cases
Hitchcock v. State, 991 So. 2d 337 (Fla. 2008).
Yesnes v. State, 440 So. 2d 628 (Fla. 1st DCA 1983).
Allen v. State, 666 So. 2d 259 (Fla. 4th DCA 1996).
MacIas v. State, 959 So. 2d 782 (Fla. 4th DCA 2007).
Ospina v. State, 579 So. 2d 810 (Fla. 5th DCA 1991).
794.011(4)(d): 2 cases
In Re Stand. Jury Instructions in Crim. Cases-instructions 7.8, 7.8(a), & 11.1-11.6(a), 190 So. 3d 1055 (Fla. 2016). “§ 794.011(1) (c), Fla. Stat. “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her…”
State v. Colley, 744 So. 2d 1172 (Fla. 2d DCA 1999).
794.011(4)(e): 45 cases
Coleman v. State, 485 So. 2d 1342 (Fla. 1st DCA 1986).
Gilbert Dudley, III v. State of Florida, 139 So. 3d 273 (Fla. 2014). “§ 794.011, Fla. Stat. The term “mentally defective,” which is the focal point of our analysis, is defined by section 794.”
Hoover v. State, 511 So. 2d 629 (Fla. 1st DCA 1987).
Donton v. State, 1 So. 3d 1092 (Fla. 1st DCA 2009).
State v. Rawls, 649 So. 2d 1350 (Fla. 1994).
794.011(4)(e)(4): 1 case
Garrett Statler v. State of Florida, 349 So. 3d 873 (Fla. 2022).
794.011(4)(e)(5): 1 case
Garrett Statler v. State of Florida, 349 So. 3d 873 (Fla. 2022).
794.011(4)(f): 7 cases
Price v. State, 995 So. 2d 401 (Fla. 2008).
State v. Anderson, 695 So. 2d 309 (Fla. 1997).
Soukup v. State, 760 So. 2d 1072 (Fla. 5th DCA 2000).
Thompson v. State, 650 So. 2d 969 (Fla. 1994).
Shaara v. State, 581 So. 2d 1339 (Fla. 1st DCA 1991). “For reasons not explained nor made apparent in the record, the jury instructions on the sexual battery *1341 counts, prepared by the state and approved by defense counsel and the court, were phrased in terms of sexual battery by use of a deadly weapon, an offense proscribed by…”
794.011(4)(g): 1 case
Bleiweiss v. State, 24 So. 3d 1215 (Fla. 4th DCA 2009).
794.011(5): 188 cases
Gould v. State, 577 So. 2d 1302 (Fla. 1991). “[3] Section 794.011, Florida Statutes (1985), provides: (4) A person who commits sexual battery upon a person 12 years of age or older, without that person's consent, under any of the following circumstances is guilty of a felony of the first degree, punishable as provided in s.”
Hodges v. State, 386 So. 2d 888 (Fla. 1st DCA 1980).
Stand. Jury Instructions in Crim. Cases (95-1), 657 So. 2d 1152 (Fla. 1995).
Gould v. State, 558 So. 2d 481 (Fla. 2d DCA 1990).
Shaara v. State, 581 So. 2d 1339 (Fla. 1st DCA 1991). “For reasons not explained nor made apparent in the record, the jury instructions on the sexual battery *1341 counts, prepared by the state and approved by defense counsel and the court, were phrased in terms of sexual battery by use of a deadly weapon, an offense proscribed by…”
794.011(5)(a): 11 cases
In Re Stand. Jury Instructions in Crim. Cases-instructions 7.8, 7.8(a), & 11.1-11.6(a), 190 So. 3d 1055 (Fla. 2016). “§ 794.011(1) (c), Fla. Stat. “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her…”
Vernord Lavon Bright v. State of Florida, 191 So. 3d 497 (Fla. 1st DCA 2016).
Christopher J. Mars v. State of Florida, 251 So. 3d 339 (Fla. 1st DCA 2018).
Henry James Washington v. State of Florida, 328 So. 3d 364 (Fla. 1st DCA 2021).
Dominguez v. State of Florida, 429 So. 3d 636 (Fla. 2d DCA 2026).
794.011(5)(b): 8 cases
United States v. Andres Gomez, 955 F.3d 1250 (11th Cir. 2020).
Garrett Statler v. State of Florida, 349 So. 3d 873 (Fla. 2022).
Steven Earl Kimmons v. State of Florida, 267 So. 3d 1082 (Fla. 1st DCA 2019).
Debose v. State of Florida (Fla. 1st DCA 2024).
Jose Reyna v. State of Florida, 302 So. 3d 1025 (Fla. 4th DCA 2020).
794.011(5)(d): 1 case
In Re Stand. Jury Instructions in Crim. Cases-instructions 7.8, 7.8(a), & 11.1-11.6(a), 190 So. 3d 1055 (Fla. 2016). “§ 794.011(1) (c), Fla. Stat. “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her…”
794.011(6): 8 cases
Mathis v. State, 682 So. 2d 175 (Fla. 1st DCA 1996). “Bryant was not familiar with the term "mentally defective," as defined in section 794.011. Of critical importance is the fact that Ms.”
Coley v. State, 616 So. 2d 1017 (Fla. 3d DCA 1993).
Interest of B.T. v. State, 573 So. 2d 101 (Fla. 1st DCA 1991).
Huffman v. State, 301 So. 2d 815 (Fla. 2d DCA 1974).
State v. Haubrick, 997 So. 2d 1228 (Fla. 1st DCA 2008).
794.011(6)(a): 1 case
In Re Stand. Jury Instructions in Crim. Cases-instructions 7.8, 7.8(a), & 11.1-11.6(a), 190 So. 3d 1055 (Fla. 2016). “§ 794.011(1) (c), Fla. Stat. “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her…”
794.011(6)(b): 1 case
In Re Stand. Jury Instructions in Crim. Cases-instructions 7.8, 7.8(a), & 11.1-11.6(a), 190 So. 3d 1055 (Fla. 2016). “§ 794.011(1) (c), Fla. Stat. “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her…”
794.011(7): 9 cases
Zopf v. Singletary, 686 So. 2d 680 (Fla. 1st DCA 1996).
Hoch v. State, 679 So. 2d 847 (Fla. 2d DCA 1996).
Jones v. State, 834 So. 2d 226 (Fla. 2d DCA 2002).
Lee v. State, 766 So. 2d 374 (Fla. 1st DCA 2000).
Freels v. State, 701 So. 2d 1207 (Fla. 1st DCA 1997).
794.011(8): 20 cases
State v. Rife, 789 So. 2d 288 (Fla. 2001). “Section 794.011(1)(a), Florida Statutes (1997), provides that "`Consent' means intelligent, knowing, and voluntary consent and does not include coerced submission.”
State v. Partlow, 840 So. 2d 1040 (Fla. 2003).
Clements v. State, 979 So. 2d 256 (Fla. 2d DCA 2007).
Robinson v. State, 211 So. 3d 59 (Fla. 4th DCA 2017).
Collie v. State, 710 So. 2d 1000 (Fla. 2d DCA 1998).
794.011(8)(a): 10 cases
In Re Stand. Jury Instructions in Crim. Cases-instructions 7.8, 7.8(a), & 11.1-11.6(a), 190 So. 3d 1055 (Fla. 2016). “§ 794.011(1) (c), Fla. Stat. “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her…”
Guardian Ad Litem Prog. v. M.H., the Father, & W.S., the Mother, 184 So. 3d 1253 (Fla. 4th DCA 2016).
Thomas E. Taylor v. United States, 396 F.3d 1322 (11th Cir. 2005).
Durant v. State, 94 So. 3d 669 (Fla. 5th DCA 2012).
Carlos J. Acevedo v. State of Florida, 174 So. 3d 437 (Fla. 4th DCA 2015).
794.011(8)(b): 72 cases
State v. Rife, 789 So. 2d 288 (Fla. 2001). “Section 794.011(1)(a), Florida Statutes (1997), provides that "`Consent' means intelligent, knowing, and voluntary consent and does not include coerced submission.”
Hess v. State, 794 So. 2d 1249 (Fla. 2001).
Roberts v. State, 715 So. 2d 302 (Fla. 5th DCA 1998).
Rutledge v. State, 1 So. 3d 1122 (Fla. 1st DCA 2009).
Chavis v. State, 796 So. 2d 607 (Fla. 2d DCA 2001).
794.011(8)(c): 1 case
In Re Stand. Jury Instructions in Crim. Cases-instructions 7.8, 7.8(a), & 11.1-11.6(a), 190 So. 3d 1055 (Fla. 2016). “§ 794.011(1) (c), Fla. Stat. “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her…”
794.011(b): 1 case
Hudson v. State, 939 So. 2d 146 (Fla. 4th DCA 2006).
794.011(f): 3 cases
Adaway v. State, 902 So. 2d 746 (Fla. 2005). “Adaway's conduct, oral-vaginal union, would not have constituted capital sexual battery before the 1974 amendment to section 794.011. [5] For a life felony committed after July 1, 1995, the trial court may impose a term of imprisonment of life or a term of years not exceeding…”
Gibson v. State, 721 So. 2d 363 (Fla. 2d DCA 1998).
Begley v. State, 483 So. 2d 70 (Fla. 4th DCA 1986).
794.011(h): 5 cases
James Houston Roughton v. State of Florida, 185 So. 3d 1207 (Fla. 2016). “§ 794.011(1 )(h), (2)(a), Fla. Stat. (2008).”
Gould v. State, 577 So. 2d 1302 (Fla. 1991). “[3] Section 794.011, Florida Statutes (1985), provides: (4) A person who commits sexual battery upon a person 12 years of age or older, without that person's consent, under any of the following circumstances is guilty of a felony of the first degree, punishable as provided in s.”
Guardian Ad Litem Prog. v. C.W. (In re X.W.), 255 So. 3d 882 (Fla. 2d DCA 2018).
Guardian Ad Litem Prog. v. Dept. of Child. & Families (Fla. 2d DCA 2018).
State v. Phillips, 42 Fla. Supp. 2d 119 (Fla. Cir. Ct. 1990).
794.011(h)(3): 1 case
James Ernest Hitchcock v. Louie L. Wainwright, 745 F.2d 1332 (11th Cir. 1985).
794.011(l)(a): 2 cases
Caylor v. State, 78 So. 3d 482 (Fla. 2011).
State v. Nardi, 779 So. 2d 596 (Fla. 4th DCA 2001).
794.011(l)(b): 5 cases
Bowman v. State, 760 So. 2d 1053 (Fla. 4th DCA 2000).
Schroeder v. State, 715 So. 2d 331 (Fla. 5th DCA 1998).
Cabrera v. State, 988 So. 2d 1190 (Fla. 5th DCA 2008).
Kever v. State, 704 So. 2d 222 (Fla. 1st DCA 1998).
Santos v. State, 110 So. 3d 341 (Miss. Ct. App. 2013).
794.011(l)(e): 1 case
Jones v. State, 478 So. 2d 493 (Fla. 5th DCA 1985).
794.011(l)(f): 2 cases
Morgan v. State, 146 So. 3d 508 (Fla. 5th DCA 2014).
LaMarca v. Turner, 662 F. Supp. 647 (S.D. Fla. 1987).
794.011(l)(g): 1 case
State v. Meshell, 2 So. 3d 132 (Fla. 2009). “Although the Fifth District reversed the trial court's judgment, holding that pursuant to its precedent the convictions for both Counts 1 and 3 violated double jeopardy, the district court noted that its ruling was inconsistent with various Florida district court of appeal…”
794.011(l)(h): 36 cases
State v. Meshell, 2 So. 3d 132 (Fla. 2009). “Although the Fifth District reversed the trial court's judgment, holding that pursuant to its precedent the convictions for both Counts 1 and 3 violated double jeopardy, the district court noted that its ruling was inconsistent with various Florida district court of appeal…”
Caylor v. State, 78 So. 3d 482 (Fla. 2011).
Fleming v. State, 227 So. 3d 1254 (Fla. 2d DCA 2017).
Thomas E. Taylor v. United States, 396 F.3d 1322 (11th Cir. 2005).
Hendricks v. State, 34 So. 3d 819 (Fla. 1st DCA 2010).
794.011(l)(j): 1 case
Davis v. State, 567 So. 2d 25 (Fla. 2d DCA 1990).
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