The 2023 Florida Statutes (including Special Session C)
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. . . ." § 794.011(1)(h), Fla. Stat. (2015). . . . The information cited section 794.011, which does not use the term butt . . . .
. . . . § 794.011(4)(a) ("Sexual battery"). . . .
. . . Appellant points to the conclusive presumption embodied within section 794.011(2)(a), Florida Statutes . . . Section 794.011, Florida Statutes (2002), the sexual battery statute, reflects that the presumption of . . . Schedule of Lesser Included Offenses, § 794.011. Khianthalat v. . . . The lack of consent presumption is not explicitly set forth in section 794.011(2), Florida Statutes ( . . . Id. ; see § 794.011(3) - (5), Fla. Stat. . . .
. . . of age), and with (Count Two) sexual battery (slight force), in violation of sections 800.04(4) and 794.011 . . . person other than the offender may not be admitted into evidence in a prosecution under s. 787.06, s. 794.011 . . . offense incited the sexual battery may not be admitted into evidence in a prosecution under s. 787.06, s. 794.011 . . .
. . . activity with a child while in a position of familial or custodial authority, in violation of section 794.011 . . .
. . . See § 794.011(8)(b) ; § 826.04 ; Olenchak v. . . . See § 794.011(8)(b), Fla. . . .
. . . ." § 794.011(1)(a), Fla. Stat. (2017). . . .
. . . . § 787.06(3)(g), 794.011(1), Fla. Stat. . . .
. . . See § 794.011(4) & (5), Fla. Stat. (2014). . . . See § 794.011(5)(b), Fla. Stat. (2014). . . .
. . . ." § 794.011(2)(a), Fla. Stat. (2013). . . .
. . . Appellant was charged with sexual battery on a person twelve years of age or older as prohibited by section 794.011 . . .
. . . by information with two counts of sexual battery on a mentally defective person pursuant to section 794.011 . . . arrested in July 2017 for two counts of sexual battery on a mentally defective person under section 794.011 . . .
. . . Florida Statutes, defines "sexual offense" to include the crime of sexual battery as codified in section 794.011 . . . Whisby was charged with three counts of sexual battery pursuant to section 794.011(3). . . .
. . . Graham, Jr., appeals his judgment and sentences for two counts of capital sexual battery under section 794.011 . . .
. . . Appellant's contention that the trial court improperly sentenced him to a first degree felony under section 794.011 . . .
. . . than eighteen years of age, by a person in familial or custodial authority in violation of section 794.011 . . . than eighteen years of age, by a person in familial or custodial authority in violation of section 794.011 . . . , "child molestation" includes, among other crimes, the sexual battery counts charged under section 794.011 . . .
. . . Florida Statutes, (false imprisonment of a child under 13 with a sexual battery or lewd act); d. section 794.011 . . . , Florida Statutes, (sexual battery), excluding section 794.011(10); e. section 800.04, Florida Statutes . . .
. . . See § 794.011(3), Fla. Stat. (1993). Kidnapping is a first degree felony. See § 787.01(2), Fla. . . .
. . . for one count of sexual battery under specified circumstances under paragraphs (b) and (e) of section 794.011 . . . instruction at issue, and provides that mental incapacity includes intoxication without consent: § 794.011 . . . section provides that "[w]hen consent of the victim is a defense to prosecution under s. 787.06, s. 794.011 . . . incapacity in the sexual battery statute to include involuntary, and not voluntary, intoxication. § 794.011 . . .
. . . consent, and without physical force and violence likely to cause serious personal injury under section 794.011 . . .
. . . (1)(e), Florida Statutes (2010), or physically incapacitated under section 794.011(1)(j), Florida Statutes . . . (1)(e) and physically incapacitated under subsection 794.011(1)(j). . . . Section 794.011(1)(e), Physically Helpless In order to show that the victim was physically helpless, . . . any other reason physically unable to communicate unwillingness to an act" at all relevant times. § 794.011 . . . voluntary intoxication cannot rise to the level of physical incapacitation contemplated by section 794.011 . . .
. . . order mistakenly based the designation on a conviction for sexual battery upon a child under section 794.011 . . . appellant was convicted of armed sexual battery on a person over twelve but under eighteen under section 794.011 . . .
. . . ." § 794.011(1)(h), Fla. Stat. (2009). . . .
. . . ." § 794.011(2)(a), Fla. Stat. (2016). . . . Daniels with nine counts of sexual battery on a child under twelve-capital sexual battery, see § 794.011 . . . Section 794.011(2)(a) provides as follows: A person 18 years of age or older who commits sexual battery . . . Thus, when the legislature said in section 794.011(2)(a) that capital sexual battery is a capital felony . . . stating that "[n]otwithstanding our determination that the sexual battery proscribed by subsection 794.011 . . .
. . . ." § 794.011(1)(g), Fla. Stat. (2014). . . .
. . . 2012), and one count of sexual battery on a victim less than twelve (12) years of age under section 794.011 . . .
. . . Stat. § 794.011, sets out a list of applicable definitions. . . . Stat. § 794.011(1)(h). In United States v. . . . Stat. § 794.011(2) - (10). . . . Stat. § 794.011(3) ; Fla. Std. Jury Instr. 11.2 (1989). . . . Stat. § 794.011(3) is also a violent felony under the ACCA. . . .
. . . (1)(g) ; and (5) X.W. had been conceived as the result of a sexual battery made unlawful by section 794.011 . . . No one disputes that this was an unlawful sexual battery in violation of section 794.011. . . . and that X.W. was conceived as the result of a sexual battery on S.B. that was unlawful under section 794.011 . . . clear and convincing evidence that X.W. was conceived through unlawful sexual battery under section 794.011 . . . trial court's determination that X.W. was conceived through an unlawful sexual battery under section 794.011 . . .
. . . State, 520 So.2d 260, 265 (Fla. 1988) (holding that charging document which referenced section 794.011 . . .
. . . See § 794.011(2)(a), Fla. Stat. (2012). . . .
. . . . §§ 794.011(3), 775.082(3)(a)3., 794.0115(2)(b), Fla. Stat. (2013). . . .
. . . See §§ 794.011(6), 775.082(3)(c),' Fla. Stat (2009). . . .
. . . State, 616 So.2d 1036, 1039 (Fla. 3d DCA 1993) (reversing conviction for sexual battery (under section 794.011 . . .
. . . The pertinent statutory provisions are found in section 794.011, Florida Statutes (2010). . . . . § 794.011(l)(h), (3), Fla. Stat. (2010). . . .
. . . by a person 18 years of age or older on a person less than 12 years of age, in violation of section 794.011 . . .
. . . In April 2013, Brown was charged with 12 counts of sexual battery without serious injury (section 794.011 . . .
. . . in prison followed by ten years of probation for the sexual battery, which is a life felony, see § 794.011 . . . prison followed by ten years of probation for the attempted sexual battery, a first-degree felony, see § 794.011 . . .
. . . Additionally, the appellant’s three convictions for violating section 794.011(5), Florida Statutes (2010 . . . State, 909 So.2d 600 (Fla. 2d DCA 2005) (holding that an offender who violates section 794.011(5) must . . .
. . . Section 794.011(l)(h), Florida Statutes (2014), defines sexual battery as “oral, anal, or vaginal penetration . . . sjexual activity” in section 800.04(l)(a) is identical to the definition of sexual battery in section 794.011 . . . alleges that the victim was between ages twelve and fifteen in a count charging a violation of section 794.011 . . .
. . . familial or custodial authority, between June 23 and December 31, 2004, in violation of Florida Statute 794.011 . . .
. . . Can a person be held under a capital felony when the capital punishment was abolished for 794.011? . . .
. . . Stat. (2008), sexual battery involving great physical force, see § 794.011(3), Fla. . . .
. . . pertinent language provides: (2)Any person who is convicted of a violation of s. 787.025(2)(c); s. 794.011 . . . or older, and the person: (e) Has previously been convicted of a violation of s. 787.025(2)(c); s. 794.011 . . . The DSFO Act provides: Any person who is convicted of a violation of section 787.025; section 794.011 . . . Has been previously convicted of a violation of section 787.025; section 794.011(2), (3), (4), (5), or . . . : • Luring or enticing a child, section 787.025, Florida Statutes (2005); • Sexual battery, section 794.011 . . .
. . . See § 794.011(3), Fla. Stat. (1995). . . .
. . . . § 794.011(2) and two counts of lewd and lascivious molestation on a child under 12 years old in-violation . . .
. . . . §§ 775.082(3)(b); 777.04(4)(a); 794.011(2), Fla. Stat. (1989). . . .
. . . . § 794.011(8)(b), Fla. Stat. (2014). . . .
. . . See § 794.011(5), Fla. Stat. (2012). . . .
. . . .” § 794.011(1)(h), Fla. Stat. (2012). . . .
. . . battery of a child under the age of twelve by a person under the age of eighteen in violation of section 794.011 . . . —In addition to any sanction imposed for a violation of ... s. 794.011, or for any offense of domestic . . . s. 784.045, s. 784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s. 784.083, s. 784.085, or s. 794.011 . . .
. . . See §§ 775.082(2) & 794.011(2)(a), Fla. Stat.; Kennedy v. . . .
. . . . § 794.011(5), Fla. Stat. (2010). . . .
. . . —An action related to an act constituting a violation of s, 794.011 involving a victim who was under . . .
. . . (2009), is a separate offense from aggravated assault (section 784.021) and sexual battery (section 794.011 . . .
. . . any person other than the offender shall not be admitted into evidence in a prosecution under ... s. 794.011 . . . was convicted of attempted sexual battery with an object (namely, his fingers) pursuant to sections 794.011 . . . Background Portillo was charged with attempted sexual battery under sections 794.011(5) and 777.04(1) . . . and any person other than the offender shall not be admitted into evidence in a prosecution under s. 794.011 . . . person other than the offender may not be admitted into evidence in a prosecution under s. 787.06, s. 794.011 . . .
. . . of sexual battery of a person 12 years of age or older, without physical force, contrary to section 794.011 . . .
. . . Florida’s crime of sexual battery (slight force) is governed by § 794.011(5) of the Florida code which . . . Stat. § 794.011(5) (West 2000). . . .
. . . term in Section 943.0435, Florida Statutes. (11) “Sexual offense” means a conviction under Section 794.011 . . . or apparent victim of the sexual offense was less than sixteen (16) years of age, excluding Section 794.011 . . . (a) It is unlawful for any person who has been convicted of a violation of Section 794.011 (sexual battery . . .
. . . . § 794.011(8), Fla. Stat. (2013). . . .
. . . 12 years of age by a defendant 18 years of age or older, a capital felony, in violation of section 794.011 . . . sexual battery by a familial or custodial authority, a first degree felony, in violation of section 794.011 . . . definition of sexual battery includes several alternatives, all of which constitute sexual battery. § 794.011 . . . The definitions contained in section 794.011, Florida Statutes, contemplate proof of sexual battery by . . .
. . . any other part of this section, whichever time is greater. (13)(a) If the victim of a violation of s. 794.011 . . . If the offense is a first or second degree felony violation of s. 794.011, and the offense is reported . . . (b) If the offense is a first degree felony violation of s. 794.011 and the victim was under 18 years . . . (c) If the offense is a violation of s. 794.011 and the victim was under 16 years of age at the time . . . on or before July 1, 2010. (14)(a) A prosecution for a first or second degree felony violation of s. 794.011 . . .
. . . with Great Bodily Harm Count 3 in the initial 2004 information charged sexual battery under section 794.011 . . .
. . . is not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.794.011 . . . , excluding s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8); . . .
. . . law enforcement agency or other governmental agency, whichever occurs earlier” for violations of “s. 794.011 . . . that the “Legislature finds that the least serious sexual battery offense, which is provided in s. 794.011 . . . battery and to be necessarily included in the offenses charged under subsections (3)-and (4)_” Section 794.011 . . . personal injury commits a felony of the second degree.... ” The Legislature’s characterization of section 794.011 . . . . §§ 794.011(2)(a), 775.082(1), Fla. Stat. (2000). . . .
. . . See § 794.011, Fla. Stat. (2011). At trial, the victim testified about the sexual encounter. . . .
. . . Appellant was charged with (Count 1) armed sexual battery, in violation of section 794.011(8), Florida . . . Judgment and Sentence, wherein it adjudicated Appellant guilty of both offenses charged, listed sections 794.011 . . . -Life, and the use of a deadly weapon was charged within the charge of sexual battery under section 794.011 . . . Count 1 charged Appellant with a violation of only section 794.011(3), Florida Statutes (1992), which . . .
. . . See §§ 775.21(4)(c)(l)(a), 794.011(4)(b), Fla. Stat. (1997); Sheppard v. . . .
. . . alleged that appellant “caus[ed] his penis to penetrate or unite with the anus of [C.B.] contrary to F.S. 794.011 . . . battery of a child by a person in position of familial or custodial authority, contrary to section 794.011 . . . Section 794.011(8)(b), Florida Statutes (1994), provided that a person who is in a position of familial . . . with, the sexual organ of another or the anal or vaginal penetration of another by any other object § 794.011 . . . See § 794.011(1)(h), Fla. . . .
. . . . § 794.011(2), and two counts of lewd and lascivious molestation, in violation of Fla. . . .
. . . term in Section 943.0435, Florida Statutes. (11) “Sexual offense” means a conviction under Section 794.011 . . . or apparent victim of the sexual offense was less than sixteen (16) years of age, excluding Section 794.011 . . . (a) It is unlawful for any person who has been convicted of a violation of Section 794.011 (sexual battery . . .
. . . . § 794.011 (sexual battery); Ga. Code Ann. § 16-6-1 (rape); Haw. Rev. Stat. . . .
. . . statute was enacted in 2010, and provides: An action related to an act constituting a violation of s, 794.011 . . . Section 794.011 is the sexual battery statute/- Section, 95.11(9),' therefore, provides that an action . . .
. . . 787.025(2)(c), where the victim is a minor and the defendant is not the victim’s parent or guardian; s. 794.011 . . . , excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. '827.071; s. . . .
. . . See §§ 794.011(2)(a), 775.082(1), Flá. Stat. (2012). . . .
. . . . § 794.011(2)(a)',Fla. Stat;(2011). . . . lewd and lascivious molestation convictions and enter judgments of conviction pursuant to sec: tions 794.011 . . . (citing §§ 794.011(2)(a)(b), 775.082(1)-(3), Fla. Stat. (2011)). . . .
. . . . § 794.011(5) (1999) (making it a second degree felony to “commit[ ] sexual battery upon a person 12 . . .
. . . (Defen- 794.011(5)(b) • 11.4 dant 18 or Older, victim , 18 or Older)_;____ Sexual battery (Defen- 794.011 . . . In § 794.011(8)(c), Fla. . . . Stat., according to § 794.011(6)(a), Fla. . . . If § 794.011(4)(d), Fla. . . . If § 794.011(5)(d), Fla. . . .
. . . Section 794.011(3), Florida Statutes (2014), provides that “[a] person who commits sexual battery upon . . . upon a person 12 years of age or older, which is a lesser-included offense of the charged offense. § 794.011 . . .
. . . . §§ 775.082(3)(c); 794.011(5)(a), Fla. Stat. (2009). . . .
. . . . § 794.011(2)(a). . . .
. . . . §§ 775.082(3)(b); 777.04(4)(a); 794.011(2), .Fla. Stat. (1989). . . .
. . . . § 794.011(1 )(h), (2)(a), Fla. Stat. (2008). ' . § 800.04(5)(a), (b), Fla. Stat. (2008). . . . . Section 794.011(1 )(h) defines "sexual battery” as "oral, anal, or vaginal penetration by, or union with . . . .” § 794.011(h), Fla. Stat. (2008). . . . QUINCE, J., dissents with an opinion. . § 794.011(2)(a), Fla. Stat. (2008). . § 800.04(5)(b), Fla. . . .
. . . The court must accept a guilty plea or conviction of unlawful sexual battery pursuant to s. 794.011 as . . . proof that the child was conceived as a result of conduct constituting a sexual battery under section 794.011 . . . evidence that K.S. was conceived as a result of M.H.’s conduct deemed unlawful pursuant to section 794.011 . . . clear and convincing evidence, that K.S. was conceived as a result of conduct proscribed by section 794.011 . . . Affirmed in part, reversed in part, and remanded. , LEVINE and FORST, JJ., concur. .Section 794.011(8 . . .
. . . eighteen years of age upon a child less than twelve years of age, a violation of sections 777.04(1) and 794.011 . . .
. . . . — An action related to an act constituting a violation of s. 794.011 involving a victim who was under . . .
. . . his conviction for sexual battery upon a person twelve years of age or older in violation of section 794.011 . . . twelve years of age or older when the victim is physically helpless to resist in violation of section 794.011 . . . observed that the judgment and scoresheet indicates the defendant was convicted of violating' section 794.011 . . . twelve years of age or older when the victim is physically helpless to resist in violation of section 794.011 . . .
. . . “[T]he age of the defendant is an element of capital sexual battery under section 794.011(2).” . . . The trial court entered judgments of conviction under “section 794.011(2)(b) of the Florida Statutes, . . .
. . . Actual sexual battery of a person older than 12 years of age (§ 794.011(5), Fla. . . . 2011)); sexual battery by a person less than 18 years of age on a child less' than 12 years of age (§ 794.011 . . .
. . . . • Appellant was convicted of multiple felonies, including sexual battery under section 794.011(3), . . . For the purpose of a conviction under section 794.011(3),. the physical force element .does not require . . .
. . . of a child less than twelve years of age by a defendant eighteen years or older, pursuant to section 794.011 . . .
. . . two counts of sexual battery by a person in a position of familial authority in violation of Section 794.011 . . . Section 775.15(7) provided in relevant part: If the victim of a violation of s. 794.011 ... is under . . . The amendment provided that: [I]f the offense is a first degree felony violation of s. 794.011 and the . . . defendant was charged in January 1989 with, among other things, sexual battery in violation of section 794.011 . . . legislature amended the limitations period in 1985 to extend the statute of limitations for violations of 794.011 . . .
. . . of another or the anal or vaginal penetration of another by any other object” without consent. ' § 794.011 . . . Schedule of Lesser Included Offenses, § 794.011.”). . . .
. . . . § 794.011(2)(a). A judge sentenced him to consecutive life sentences. . . .
. . . WITHOUT A FIREARM 812.13 ■ 2F Cvl BURGLARY WITH A FIREARM 810.02 & 775.087 IF OO SEXUAL BATTERY WITH A 794.011 . . . 1994) (affirming conviction for sexual battery with a deadly weapon based on a principal theory); § 794.011 . . .
. . . molestation” means conduct proscribed by s. 787.025(2)(c), s. 787.06(3)(g), former s. 787.06(3)(h), s. 794.011 . . . , excluding s. 794.011(10), • s. 794.05, former s. 796.03, former s. 796.035, s. 800.04, s. 827.071, . . .
. . . . § 794.011(2), and held in state custody pending his trial. . . .
. . . . § 794.011; Ga.Code Ann. § 16-6-5.1; Haw. . . .
. . . The defendant was convicted of violating section 794.011(8)(a), Florida Statutes (2012), for “committing . . .
. . . Florida Statutes, where the victim is a minor and the defendant is not the victim’s parent; or, Sections 794.011 . . .