CopyCited 40 times | Published | Court of Appeals for the Eleventh Circuit | 2010 WL 2382401
...Sorakrai,
543 So. 2d 294, 295 (Fla.
2d DCA 1989) (“It is our judgment that conduct violative of section
800.04 carries
with it the same concept of ‘strict liability’ that has traditionally characterized
‘statutory rape.’ Thus, we are persuaded that section
794.021 forecloses [the
defendant] from a defense based upon the victim’s misrepresentation of her age or
a bona fide belief that she was sixteen years or older.”); Linehan v....
CopyCited 39 times | Published | Supreme Court of Florida | 2001 WL 617716
...n to mercy by a majority of the jury, in which case the punishment shall be life imprisonment. In 1974, the statute under which Huffman was charged was repealed. See ch. 74-121, § 1, at 372, Laws of Fla. In the same chapter, the Legislature enacted section 794.021, titled "Involuntary Sexual Battery." [2] In 1981, this Court held that a sentence of death for capital sexual battery constituted cruel and unusual punishment....
CopyCited 19 times | Published | Florida 2nd District Court of Appeal | 1989 WL 41177
...ion with, the sexual organ of another or the anal or vaginal penetration of another by any other object...." In fleshing out chapter 794 in order fully to codify the elements of the crime formerly known as statutory rape, the legislature provided in section 794.021 that: When, in this chapter, the criminality of conduct depends upon the victim's being below a certain specified age, ignorance of the age is no defense....
...Neither shall misrepresentation of age by such person nor a bona fide belief that such person is over the specified age be a defense. Because of the apparent dependence of section
800.04(2) upon section
794.011(1)(h), it is our view that the legislature intended section
794.021 to be operative in the implementation of section
800.04(2)....
...e of chastity and the presence of consent. It is our judgment that conduct violative of section
800.04 carries with it the same concept of "strict liability" that has traditionally characterized "statutory rape." Simmons. Thus, we are persuaded that section
794.021 forecloses Sorakrai from a defense based upon the victim's misrepresentation of her age or a bona fide belief that she was sixteen years or older....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 5871, 2009 WL 1424047
...Brown has not argued that the trial judge failed to comply with rule 3.985. Therefore, we need not decide whether the trial judge's remarks on the record were sufficient to comply with the rule. [5] Section
794.022 in the 1974 supplement contains an erroneous reference to section
794.021 (ignorance of victim's age no defense)....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 2012 WL 2400879, 2012 Fla. App. LEXIS 10401
...A strict liability statute imposes criminal liability regardless of fault. For example, statutory rape is a strict liability crime. See §§
794.05, .021, Florida Statutes (2012); Hodge v. State,
866 So.2d 1270, 1272 (Fla. 4th DCA 2004) (“[T]he legislature left no doubt as to its intention that [section
794.021] be treated as a strict liability crime for which the State was not required to prove scienter ......
...do not include mens rea as an element of the offense, and these statutes, when legislative intent is clearly stated, have withstood constitutional challenge. For example, the Florida Supreme Court upheld the constitutionality of sections
794.05 and
794.021, imposing strict liability for statutory rape where mens rea is not an element of the offense, and lack of knowledge or mistake may not be raised as an affirmative defense....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
...charged. See Brown v. State,
206 So.2d 377 (Fla. 1968). Count II of the information, which charged the defendant with sexual battery, charged the use of a deadly weapon, as above quoted. The information recites the applicable statutory provision as Section
794.021(2), Florida Statutes (1975)....
...Smith was tried a third time resulting in the judgment and sentence here appealed. [2] Section
794.011, Florida Statutes (1975), which replaced the prior rape statute, Section 794.01, Florida Statutes (1973), became effective on October 1, 1974. Ch. 74-121, Laws of Florida. Section
794.021, which is cited in the information, does not create an offense but merely abolishes the defense of ignorance or belief as to the age of the victim....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2004 WL 432501
...4th DCA 2002), review granted,
837 So.2d 412 (Fla.2003). Turning to the statute in question, the legislature left no doubt as to its intention that this offense be treated as a strict liability crime for which the State was not required to prove criminal scienter on the part of Hodge. Section
794.021, Florida Statutes (2000), unequivocally provides that ignorance or mistake of the victim's age is not a defense to the crime for which Hodge was charged: When, in this chapter, the criminality of conduct depends upon the victim's being below a certain specified age, ignorance of the age is no defense....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2006 WL 2682580
...erson 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree[.] The statute does not require the State to prove the defendant's knowledge of the minor's age. To the contrary, section 794.021, Florida Statutes (2003), provides that ignorance or belief as to a victim's age is no defense....
...State,
866 So.2d 1270, 1272 (Fla. 4th DCA 2004), our statute settles the question: [T]he legislature left no doubt as to its intention that this offense be treated as a strict liability crime for which the State was not required to prove criminal scienter . . . . Section
794.021, Florida Statutes (2000), unequivocally provides that ignorance or mistake of the victim's age is not a defense to the crime[.] Appellant does not, indeed, argue that the statute is equivocal or doubtful in disallowing ignorance of age as a defense....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 360, 2009 WL 188047
...ith State v. Rife,
789 So.2d 288 (Fla.2001). Of course, neither the victim's misrepresentation of her age nor Mr. Rivera's bona fide belief that she was at least eighteen years of age would have been a defense to the crime with which he was charged. §
794.021; see Feliciano v....
CopyCited 1 times | Published | Supreme Court of Florida | 2016 WL 1460708
...Give if requested. Khianthalat v. State,
974 So. 2d 359 (Fla. 2008).
Consent of (victim) is not a defense to the crime charged.
Give if requested. §
794.022, Fla. Stat.
(Victim’s) lack of chastity is not a defense to the crime charged.
§
794.021, Fla....
...§
794.011(1)(h), Fla. Stat.
However, any act done for bona fide medical purposes is not a sexual
battery.
Give if requested. §
794.022, Fla. Stat.
(Victim’s) lack of chastity is not a defense to the crime charged.
Give if applicable. §
794.021, Fla....
...3d 90 (Fla. 5th DCA 2013).
“An object” includes a finger.
“Union” means contact.
Give if applicable.
§
794.011(1)(h), Fla. Stat.
However, any act done for bona fide medical purposes is not a sexual
battery.
§
794.021, Fla....
...State,
113 So. 3d 90 (Fla. 5th DCA 2013).
“An object” includes a finger.
“Union” means contact.
Give if requested. §
794.022, Fla. Stat.
(Victim’s) lack of chastity is not a defense to the crime charged.
§
794.021, Fla....
...State,
113 So. 3d 90 (Fla. 5th DCA 2013).
“An object” includes a finger.
“Union” means contact.
Give if requested. §
794.022, Fla. Stat.
(Victim’s) lack of chastity is not a defense to the crime charged.
§
794.021, Fla....
...§
794.011(1)(h), Fla. Stat.
However, any act done for bona fide medical purposes is not a sexual
battery.
Lakey v. State,
113 So. 3d 90 (Fla. 5th DCA 2013).
“An object” includes a finger.
“Union” means contact.
§
794.021, Fla....
CopyPublished | Supreme Court of Florida
...Stat.
Sexual activity does not include an act done for a bona fide medical
purpose.
Give if requested. §
794.05(3), Fla. Stat.
(Victim’s) lack of chastity is not a defense to the crime charged.
Give if requested. Feliciano v. State,
937 So. 2d 818 (Fla. 1st DCA 2006);
§
794.021, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...Sorakrai,
543 So. 2d 294, 295 (Fla.
2d DCA 1989) (“It is our judgment that conduct violative of section
800.04 carries
with it the same concept of ‘strict liability’ that has traditionally characterized
‘statutory rape.’ Thus, we are persuaded that section
794.021 forecloses [the
defendant] from a defense based upon the victim’s misrepresentation of her age or
a bona fide belief that she was sixteen years or older.”); Linehan v....
CopyPublished | Supreme Court of Florida | 2015 WL 358011
...Give if applicable.
“Union” means contact.
Give if requested. Khianthalat v. State,
974 So. 2d 359 (Fla. 2008).
Consent of (victim) is not a defense to the crime charged.
Give if requested. §
794.022, Fla. Stat.
(Victim’s) lack of chastity is not a defense to the crime charged.
§
794.021, Fla....
...- 15 -
Definition. Give if applicable.
“Union” means contact.
Give if requested. §
794.022, Fla. Stat.
(Victim’s) lack of chastity is not a defense to the crime charged.
§
794.021, Fla....
...However, any act done for bona fide medical purposes is not a sexual
battery.
Definition. Give if applicable.
“Union” means contact.
Give if requested. §
794.022, Fla. Stat.
(Victim’s) lack of chastity is not a defense to the crime charged.
§
794.021, Fla....
CopyPublished | Supreme Court of Florida
...“Union” means contact. Give if requested. Khianthalat v. State,
974 So.2d 359 (Fla.2008). Consent of (victim) is not a defense to the crime charged. Give if requested. § 794-022, Fla. Stat. (Victim’s) lack of chastity is not a defense to the crime charged. §
794.021, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1978 Fla. App. LEXIS 15480
indictment, the first count alleging a violation of F.S.
794.021(1) (apparently intending to allege a violation
