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Florida Statute 794.011 | Lawyer Caselaw & Research
F.S. 794.011 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 794
SEXUAL BATTERY
View Entire Chapter
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:
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.

F.S. 794.011 on Google Scholar

F.S. 794.011 on Casetext

Amendments to 794.011


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



Annotations, Discussions, Cases:

Cases from cite.case.law:

RAMIREZ RAMOS, v. STATE, 274 So. 3d 395 (Fla. App. Ct. 2019)

. . . ." § 794.011(1)(h), Fla. Stat. (2015). . . . The information cited section 794.011, which does not use the term butt . . . .

UNITED STATES v. BABCOCK,, 924 F.3d 1180 (11th Cir. 2019)

. . . . § 794.011(4)(a) ("Sexual battery"). . . .

DE ARAGON II, v. STATE, 273 So. 3d 26 (Fla. App. Ct. 2019)

. . . 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. . . .

THORNE, v. STATE, 271 So. 3d 177 (Fla. App. Ct. 2019)

. . . 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 . . .

K. MCKENZIE, v. STATE, 272 So. 3d 808 (Fla. App. Ct. 2019)

. . . activity with a child while in a position of familial or custodial authority, in violation of section 794.011 . . .

STATE v. E. GRIFFIN, Jr., 268 So. 3d 929 (Fla. App. Ct. 2019)

. . . See § 794.011(8)(b) ; § 826.04 ; Olenchak v. . . . See § 794.011(8)(b), Fla. . . .

STUBBS, v. STATE, 275 So. 3d 631 (Fla. App. Ct. 2019)

. . . ." § 794.011(1)(a), Fla. Stat. (2017). . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 267 So. 3d 980 (Fla. 2019)

. . . . § 787.06(3)(g), 794.011(1), Fla. Stat. . . .

KIMMONS, v. STATE, 267 So. 3d 1082 (Fla. App. Ct. 2019)

. . . See § 794.011(4) & (5), Fla. Stat. (2014). . . . See § 794.011(5)(b), Fla. Stat. (2014). . . .

J. DEDOMINICIS, v. STATE, 267 So. 3d 422 (Fla. App. Ct. 2019)

. . . ." § 794.011(2)(a), Fla. Stat. (2013). . . .

R. KITCHEN, v. STATE, 266 So. 3d 265 (Fla. App. Ct. 2019)

. . . Appellant was charged with sexual battery on a person twelve years of age or older as prohibited by section 794.011 . . .

STATE v. ESTIME,, 259 So. 3d 884 (Fla. App. Ct. 2018)

. . . 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 . . .

WHISBY, v. STATE, 262 So. 3d 228 (Fla. App. Ct. 2018)

. . . 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. v. STATE, 260 So. 3d 475 (Fla. App. Ct. 2018)

. . . Graham, Jr., appeals his judgment and sentences for two counts of capital sexual battery under section 794.011 . . .

SCOTT, v. STATE, 258 So. 3d 548 (Fla. App. Ct. 2018)

. . . Appellant's contention that the trial court improperly sentenced him to a first degree felony under section 794.011 . . .

AGUILA, v. STATE, 255 So. 3d 522 (Fla. App. Ct. 2018)

. . . 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 . . .

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . 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 . . .

KEY, v. STATE, 254 So. 3d 1000 (Fla. App. Ct. 2018)

. . . See § 794.011(3), Fla. Stat. (1993). Kidnapping is a first degree felony. See § 787.01(2), Fla. . . .

AMELIO, v. STATE, 253 So. 3d 1150 (Fla. App. Ct. 2018)

. . . 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 . . .

J. MARS, v. STATE, 251 So. 3d 339 (Fla. App. Ct. 2018)

. . . consent, and without physical force and violence likely to cause serious personal injury under section 794.011 . . .

ARROYO, v. STATE, 252 So. 3d 374 (Fla. App. Ct. 2018)

. . . (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 . . .

Al BURGESS, v. STATE, 252 So. 3d 767 (Fla. App. Ct. 2018)

. . . 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 . . .

TAMBRIZ- RAMIREZ, v. STATE, 248 So. 3d 1087 (Fla. 2018)

. . . ." § 794.011(1)(h), Fla. Stat. (2009). . . .

STATE v. KWITOWSKI, Jr., 250 So. 3d 210 (Fla. App. Ct. 2018)

. . . ." § 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 . . .

ROBINSON, v. STATE, 241 So. 3d 972 (Fla. App. Ct. 2018)

. . . ." § 794.011(1)(g), Fla. Stat. (2014). . . .

LOOR, v. STATE, 240 So. 3d 136 (Fla. App. Ct. 2018)

. . . 2012), and one count of sexual battery on a victim less than twelve (12) years of age under section 794.011 . . .

UNITED STATES v. DESHAZIOR,, 882 F.3d 1352 (11th Cir. 2018)

. . . 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. . . .

IN INTEREST OF X. W. a Ad v. C. W., 255 So. 3d 882 (Fla. App. Ct. 2018)

. . . (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 . . .

RICHARDS, IV, v. STATE, 237 So. 3d 426 (Fla. App. Ct. 2018)

. . . State, 520 So.2d 260, 265 (Fla. 1988) (holding that charging document which referenced section 794.011 . . .

J. CARRION, v. STATE, 235 So. 3d 1051 (Fla. Dist. Ct. App. 2018)

. . . See § 794.011(2)(a), Fla. Stat. (2012). . . .

CASIANO, v. STATE, 232 So. 3d 526 (Fla. Dist. Ct. App. 2017)

. . . . §§ 794.011(3), 775.082(3)(a)3., 794.0115(2)(b), Fla. Stat. (2013). . . .

WILLIAMS, v. STATE, 232 So. 3d 933 (Fla. 2017)

. . . See §§ 794.011(6), 775.082(3)(c),' Fla. Stat (2009). . . .

BENTLEY, v. STATE, 233 So. 3d 1231 (Fla. Dist. Ct. App. 2017)

. . . State, 616 So.2d 1036, 1039 (Fla. 3d DCA 1993) (reversing conviction for sexual battery (under section 794.011 . . .

HENRY, v. STATE, 229 So. 3d 390 (Fla. Dist. Ct. App. 2017)

. . . The pertinent statutory provisions are found in section 794.011, Florida Statutes (2010). . . . . § 794.011(l)(h), (3), Fla. Stat. (2010). . . .

RODRIGUEZ, v. STATE, 230 So. 3d 1249 (Fla. Dist. Ct. App. 2017)

. . . by a person 18 years of age or older on a person less than 12 years of age, in violation of section 794.011 . . .

S. BROWN, v. STATE, 232 So. 3d 1065 (Fla. Dist. Ct. App. 2017)

. . . In April 2013, Brown was charged with 12 counts of sexual battery without serious injury (section 794.011 . . .

MATIAS, v. STATE, 228 So. 3d 677 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

FLINT, III, v. STATE, 227 So. 3d 759 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

FLEMING, v. STATE, 227 So. 3d 1254 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

CURRY, v. STATE, 227 So. 3d 628 (Fla. Dist. Ct. App. 2017)

. . . familial or custodial authority, between June 23 and December 31, 2004, in violation of Florida Statute 794.011 . . .

YOUNG, v. FLORIDA COMMISSION ON OFFENDER REVIEW,, 225 So. 3d 940 (Fla. Dist. Ct. App. 2017)

. . . Can a person be held under a capital felony when the capital punishment was abolished for 794.011? . . .

CAYLOR, v. STATE v. L., 218 So. 3d 416 (Fla. 2017)

. . . Stat. (2008), sexual battery involving great physical force, see § 794.011(3), Fla. . . .

J. ACEVEDO, v. STATE, 218 So. 3d 878 (Fla. 2017)

. . . 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 . . .

BELL, v. STATE, 219 So. 3d 221 (Fla. Dist. Ct. App. 2017)

. . . See § 794.011(3), Fla. Stat. (1995). . . .

GONZALEZ, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 689 F. App'x 917 (11th Cir. 2017)

. . . . § 794.011(2) and two counts of lewd and lascivious molestation on a child under 12 years old in-violation . . .

GAY, v. STATE, 217 So. 3d 1191 (Fla. Dist. Ct. App. 2017)

. . . . §§ 775.082(3)(b); 777.04(4)(a); 794.011(2), Fla. Stat. (1989). . . .

SCOTT, v. STATE, 218 So. 3d 476 (Fla. Dist. Ct. App. 2017)

. . . . § 794.011(8)(b), Fla. Stat. (2014). . . .

HWANG, v. STATE, 219 So. 3d 67 (Fla. Dist. Ct. App. 2017)

. . . See § 794.011(5), Fla. Stat. (2012). . . .

M. TIRADO, v. STATE, 219 So. 3d 146 (Fla. Dist. Ct. App. 2017)

. . . .” § 794.011(1)(h), Fla. Stat. (2012). . . .

MCNEIL, v. STATE, 215 So. 3d 55 (Fla. 2017)

. . . 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 . . .

G. HEADY, v. STATE, 215 So. 3d 164 (Fla. Dist. Ct. App. 2017)

. . . See §§ 775.082(2) & 794.011(2)(a), Fla. Stat.; Kennedy v. . . .

JONES, v. STATE, 214 So. 3d 774 (Fla. Dist. Ct. App. 2017)

. . . . § 794.011(5), Fla. Stat. (2010). . . .

DOE NO. v. NUR- UL- ISLAM ACADEMY, INC. a Ul- a, 217 So. 3d 85 (Fla. Dist. Ct. App. 2017)

. . . —An action related to an act constituting a violation of s, 794.011 involving a victim who was under . . .

TAMBRIZ- RAMIREZ, v. STATE, 213 So. 3d 920 (Fla. Dist. Ct. App. 2017)

. . . (2009), is a separate offense from aggravated assault (section 784.021) and sexual battery (section 794.011 . . .

PORTILLO, v. STATE, 211 So. 3d 1135 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

CABRIANO, v. STATE, 211 So. 3d 147 (Fla. Dist. Ct. App. 2017)

. . . of sexual battery of a person 12 years of age or older, without physical force, contrary to section 794.011 . . .

UNITED STATES v. RAMIREZ,, 677 F. App'x 575 (11th Cir. 2017)

. . . 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). . . .

DOE v. MIAMI- DADE COUNTY, FLORIDA, 846 F.3d 1180 (11th Cir. 2017)

. . . 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 . . .

ROBINSON, v. STATE, 211 So. 3d 59 (Fla. Dist. Ct. App. 2017)

. . . . § 794.011(8), Fla. Stat. (2013). . . .

STUCKEY, v. L. JONES,, 226 F. Supp. 3d 1298 (N.D. Fla. 2016)

. . . 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 . . .

SMITH, v. STATE, 211 So. 3d 176 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

GUZMAN, v. STATE, 211 So. 3d 204 (Fla. Dist. Ct. App. 2016)

. . . with Great Bodily Harm Count 3 in the initial 2004 information charged sexual battery under section 794.011 . . .

GOSLING, v. STATE, 205 So. 3d 860 (Fla. Dist. Ct. App. 2016)

. . . 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); . . .

MATHIS, v. STATE, 204 So.3d 104 (Fla. Dist. Ct. App. 2016)

. . . 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). . . .

C. FLOYD, v. STATE, 202 So. 3d 137 (Fla. Dist. Ct. App. 2016)

. . . See § 794.011, Fla. Stat. (2011). At trial, the victim testified about the sexual encounter. . . .

BICKING, III, v. STATE, 200 So. 3d 799 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

JONES, v. STATE, 206 So.3d 87 (Fla. Dist. Ct. App. 2016)

. . . See §§ 775.21(4)(c)(l)(a), 794.011(4)(b), Fla. Stat. (1997); Sheppard v. . . .

BLAIR, v. STATE, 201 So. 3d 800 (Fla. Dist. Ct. App. 2016)

. . . 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. . . .

ENRIQUEZ, v. SECRETARY, DEPARTMENT OF CORRECTIONS,, 662 F. App'x 650 (11th Cir. 2016)

. . . . § 794.011(2), and two counts of lewd and lascivious molestation, in violation of Fla. . . .

DOE v. MIAMI- DADE COUNTY,, 838 F.3d 1050 (11th Cir. 2016)

. . . 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 . . .

UNITED STATES v. ALFARO,, 835 F.3d 470 (4th Cir. 2016)

. . . . § 794.011 (sexual battery); Ga. Code Ann. § 16-6-1 (rape); Haw. Rev. Stat. . . .

HAWKINS, v. STATE, 195 So. 3d 1196 (Fla. Dist. Ct. App. 2016)

. . . See § 794.011(3), Fla. . . .

W. D. v. ARCHDIOCESE OF MIAMI, INC. a St. J. Q. M. O. P. O. REV. E. B., 197 So. 3d 584 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

SENGER, v. STATE, 200 So. 3d 137 (Fla. Dist. Ct. App. 2016)

. . . 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. . . .

COLON, v. STATE, 191 So. 3d 985 (Fla. Dist. Ct. App. 2016)

. . . See §§ 794.011(2)(a), 775.082(1), Flá. Stat. (2012). . . .

MONROE, v. STATE, 191 So. 3d 395 (Fla. 2016)

. . . . § 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)). . . .

UNITED STATES v. MILLER,, 819 F.3d 1314 (11th Cir. 2016)

. . . . § 794.011(5) (1999) (making it a second degree felony to “commit[ ] sexual battery upon a person 12 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTIONS A A, 190 So. 3d 1055 (Fla. 2016)

. . . (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. . . .

BRIGHT, v. STATE, 191 So. 3d 497 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

WILLIAMS, v. STATE, 189 So. 3d 288 (Fla. Dist. Ct. App. 2016)

. . . . §§ 775.082(3)(c); 794.011(5)(a), Fla. Stat. (2009). . . .

SALERNO, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 646 F. App'x 757 (11th Cir. 2016)

. . . . § 794.011(2)(a). . . .

GAY, v. STATE, 186 So. 3d 1137 (Fla. Dist. Ct. App. 2016)

. . . . §§ 775.082(3)(b); 777.04(4)(a); 794.011(2), .Fla. Stat. (1989). . . .

ROUGHTON, v. STATE, 185 So. 3d 1207 (Fla. 2016)

. . . . § 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. . . .

GUARDIAN AD LITEM PROGRAM, v. M. H. W. S., 184 So. 3d 1253 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

J. McCARRON, DOC v. STATE, 185 So. 3d 666 (Fla. Dist. Ct. App. 2016)

. . . eighteen years of age upon a child less than twelve years of age, a violation of sections 777.04(1) and 794.011 . . .

FIRESTONE, v. SHOLOM,, 183 So. 3d 1225 (Fla. Dist. Ct. App. 2016)

. . . . — An action related to an act constituting a violation of s. 794.011 involving a victim who was under . . .

OLENCHAK, v. STATE, 183 So. 3d 1227 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

WHITE, v. STATE, 183 So. 3d 1168 (Fla. Dist. Ct. App. 2016)

. . . “[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, . . .

C. HANF, v. STATE, 182 So. 3d 704 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

BRITTEN, v. STATE, 181 So. 3d 1215 (Fla. Dist. Ct. App. 2015)

. . . . • 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 . . .

CASCANTE, v. STATE, 181 So. 3d 1209 (Fla. Dist. Ct. App. 2015)

. . . of a child less than twelve years of age by a defendant eighteen years or older, pursuant to section 794.011 . . .

BROWN, v. STATE, 179 So. 3d 466 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

OSBORN, v. STATE, 177 So. 3d 1034 (Fla. Dist. Ct. App. 2015)

. . . 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.”). . . .

ESPINOSA, v. SECRETARY, DEPARTMENT OF CORRECTIONS,, 804 F.3d 1137 (11th Cir. 2015)

. . . . § 794.011(2)(a). A judge sentenced him to consecutive life sentences. . . .

JACKSON, v. STATE, 175 So. 3d 368 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

COTTON, v. STATE, 176 So. 3d 310 (Fla. Dist. Ct. App. 2015)

. . . 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, . . .

A. ZELAYA, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 798 F.3d 1360 (11th Cir. 2015)

. . . . § 794.011(2), and held in state custody pending his trial. . . .

CRAWFORD v. CUOMO P., 796 F.3d 252 (2d Cir. 2015)

. . . . § 794.011; Ga.Code Ann. § 16-6-5.1; Haw. . . .

J. ACEVEDO, v. STATE, 174 So. 3d 437 (Fla. Dist. Ct. App. 2015)

. . . The defendant was convicted of violating section 794.011(8)(a), Florida Statutes (2012), for “committing . . .

DOE I, v. CITY OF PALM BAY,, 169 So. 3d 1211 (Fla. Dist. Ct. App. 2015)

. . . Florida Statutes, where the victim is a minor and the defendant is not the victim’s parent; or, Sections 794.011 . . .