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Florida Statute 794.023 | Lawyer Caselaw & Research
F.S. 794.023 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. 794.023
794.023 Sexual battery by multiple perpetrators; reclassification of offenses.
(1) The Legislature finds that an act of sexual battery, when committed by more than one person, presents a great danger to the public and is extremely offensive to civilized society. It is therefore the intent of the Legislature to reclassify offenses for acts of sexual battery committed by more than one person.
(2) A violation of s. 794.011 shall be reclassified as provided in this subsection if it is charged and proven by the prosecution that, during the same criminal transaction or episode, more than one person committed an act of sexual battery on the same victim.
(a) A felony of the second degree is reclassified to a felony of the first degree.
(b) A felony of the first degree is reclassified to a life felony.

This subsection does not apply to life felonies or capital felonies. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

History.s. 4, ch. 84-86; s. 17, ch. 93-156; s. 24, ch. 95-184; s. 20, ch. 97-194; s. 2, ch. 99-172.

F.S. 794.023 on Google Scholar

F.S. 794.023 on Casetext

Amendments to 794.023


Arrestable Offenses / Crimes under Fla. Stat. 794.023
Level: Degree
Misdemeanor/Felony: First/Second/Third

S794.023 2 - SEX ASSLT - MT 1 PERSON COMMIT 2ND DEG FEL SEX BATT 1 VIC - F: F
S794.023 2 - SEX ASSLT - MT 1 PERSON COMMIT 1ST DEG FEL SEX BATT 1 VIC - F: L
S794.023 2a - SEX ASSLT - REMOVED - F: F
S794.023 2b - SEX ASSLT - REMOVED - F: L



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . reclassification of the degree of felony under section 775.0845, section 775.087, section 775.0875 , or section 794.023 . . . may result from a reclassification of felony degrees under sections 775.0845, 775.087, 775.0875, or 794.023 . . .

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

. . . See §.794.023, Fla. Stat. . . . See § 794.023, Fla. Stat. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 156 So. 3d 1037 (Fla. 2015)

. . . § 794.023, Fla. Stat. . . .

STATE v. MUHAMMAD,, 148 So. 3d 159 (Fla. Dist. Ct. App. 2014)

. . . penis or any other object, without the victim’s consent” on February 1, 2012, contrary to sections 794.023 . . .

ROCA, v. STATE, 58 So. 3d 384 (Fla. Dist. Ct. App. 2011)

. . . See §§ 787.01(2), 794.023(2)(a), Fla. Stat. (1991); § 794.011(5), Fla. Stat. (Supp.1992). . . . Roca was charged with violating section 794.023, which enhances second-degree sexual batteries to first-degree . . . Section 794.023 is a penalty enhancement statute. Newman v. . . . Perhaps the postconviction court relied upon the 2010 version of section 794.023 which “reclassifies” . . . Because the 1991 version of section 794.023 was an enhanced penalty statute, Mr. . . .

DURBROW, v. STATE, 12 So. 3d 817 (Fla. Dist. Ct. App. 2009)

. . . second-degree felony; and one count of sexual battery by multiple perpetrators, sections 794.011(5) and 794.023 . . .

STATE v. HAUBRICK B., 997 So. 2d 1228 (Fla. Dist. Ct. App. 2008)

. . . perpetrators, “while the victim was physically helpless to resist,” citing sections 794.011(4) and 794.023 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 995 So. 2d 476 (Fla. 2008)

. . . . § 794.023, Fla. Stat. . . .

T. BRUCE, v. STATE, 988 So. 2d 715 (Fla. Dist. Ct. App. 2008)

. . . It is also irrelevant that such an offense was reclassified to a higher felony degree under s. 794.023 . . .

ALLEN, v. STATE, 988 So. 2d 694 (Fla. Dist. Ct. App. 2008)

. . . reclassifying his offense from a second degree felony to a first degree felony pursuant to section 794.023 . . . trial court determined that, because appellant’s offense had been reclassified pursuant to section 794.023 . . .

ALLEN, v. STATE, 982 So. 2d 1280 (Fla. Dist. Ct. App. 2008)

. . . Appellant’s sentence because the trial court erred in reclassifying the offense pursuant to section 794.023 . . . As the State concedes, it did not charge Appellant as a perpetrator under section 794.023. . . . See § 794.023(2), Fla. . . .

L. CLARK, III, v. STATE, 969 So. 2d 573 (Fla. Dist. Ct. App. 2007)

. . . See § 794.023(2)(b), Fla. Stat. (2001). . . .

STATE v. ROBINSON,, 873 So. 2d 1205 (Fla. 2004)

. . . victim is a minor and the defendant is not the victim’s parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.023 . . .

THERRIEN, v. STATE, 859 So. 2d 585 (Fla. Dist. Ct. App. 2003)

. . . or guilty to, regardless of adjudication, any violation of s. 794.011(2), (3), (4), (5), or (8), s. 794.023 . . .

ESPINDOLA, v. STATE, 855 So. 2d 1281 (Fla. Dist. Ct. App. 2003)

. . . of adjudication, any violation, or attempted violation, of s. 794.011(2), (3), (4), (5), or (8); s. 794.023 . . . (sexual battery on physically incapacitated victim is a first-degree felony); § 794.023(2)(b), Fla. . . .

STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- SUBMISSION, 850 So. 2d 1272 (Fla. 2003)

. . . fyr-the-e-vent-that multiple perp^odofs is-eharged-and proven, give-instruction on enhancement;-^- 794.023 . . . fa-fee- event that-multiple perpetrators is charged and proven, give instruction-on enhancement, § 794.023 . . . In the event that multiple perpetrators is charged and proven, give instruction on enhancement, § 794.023 . . .

HARTLINE, v. STATE, 806 So. 2d 595 (Fla. Dist. Ct. App. 2002)

. . . . §§ 800.04(3) and 794.023, Fla. Stat, (1995). . § 800.04(1), Fla. . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE CRIMINAL PUNISHMENT CODE, 810 So. 2d 826 (Fla. 2001)

. . . the degree of felony pursuaet-tounder section 775.0845, section 775.087, section 775.0875 or section 794.023 . . . from a reclassification of felony degrees pursuant founder sections 775.0845, 775.087, 775.0875, or 794.023 . . .

NEWMAN, v. STATE, 782 So. 2d 462 (Fla. Dist. Ct. App. 2001)

. . . reclassified these offenses to first-degree felonies because they involved multiple perpetrators, § 794.023 . . . State, 738 So.2d 981 (Fla. 2d DCA 1999), this court reversed Newman’s sentences, finding that section 794.023 . . .

AMENDMENT TO FLORIDA RULE OF CRIMINAL PROCEDURE d, 763 So. 2d 997 (Fla. 1999)

. . . of the degree of felony pursuant to section 775.0845, section 775.087, section 775.0875 or section 794.023 . . . result from a reclassification of felony degrees pursuant to sections 775.0845, 775.087, 775.0875, or 794.023 . . .

L. KEATON, v. STATE, 744 So. 2d 1235 (Fla. Dist. Ct. App. 1999)

. . . See § 794.023(2)(a), Fla. Stat. (1997). . . . However, section 794.023(2)(a) is not a felony reclassification statute. . . .

CUEVAS, v. STATE, 741 So. 2d 1234 (Fla. Dist. Ct. App. 1999)

. . . . § 794.023, Fla. Stat. (1995). . § 794.011(4); 777.011, Fla. Stat. (1995). .Mr. . . . offense, the defendant may be convicted and sentenced only for the greater of the crimes.” .Section 794.023 . . .

HARTLINE, v. STATE, 743 So. 2d 90 (Fla. Dist. Ct. App. 1999)

. . . degree felony to a first degree felony was improper because the reclassification provision, section 794.023 . . . charged under section 800.04, in counts four and five, the state also charged a “violation” of section 794.023 . . . At sentencing, the trial court used count four as the primary offense, and, pursuant to section 794.023 . . . The state argues that section 794.023 applies to section 800.04(3) as well as section 794.011, because . . . Finally, by its terms, the applicability of section 794.023 is limited to section 794.011. . . .

GIFFORD, v. STATE, 744 So. 2d 1046 (Fla. Dist. Ct. App. 1999)

. . . The court concluded that although attempted sexual battery is a third degree felony, under section 794.023 . . . Section 794.023 provides: (1) The Legislature finds that an act of sexual battery, when committed by . . . the rule that statutes defining criminal conduct are to be strictly construed, we hold that section 794.023 . . . The fifth district reached a similar conclusion concerning section 794.023 in Velasquez v. . . . under that statute, even though there were multiple perpetrators involved: [A] close reading of section 794.023 . . .

NEWMAN, v. STATE, 738 So. 2d 981 (Fla. Dist. Ct. App. 1999)

. . . See § 794.023(2)(a), Fla. Stat. (1997). . . . Section 794.023 was one of the statutes amended in October 1995 to include the “boilerplate” language . . . See § 794.023(1), Fla. Stat. (1997). . . . The foregoing provisions do not compel a conclusion that section 794.023 effected a reclassification . . . See § 794.023(1), Fla. Stat. (1997). . . .

GAMBLE, v. STATE, 723 So. 2d 905 (Fla. Dist. Ct. App. 1999)

. . . of the degree of felony pursuant to section 775.0845, section 775.087, section 775.0875 or section 794.023 . . .

In ADOPTION OF FLORIDA RULES OF CRIMINAL PROCEDURE AND TO IMPLEMENT THE FLORIDA CRIMINAL PUNISHMENT CODE, 721 So. 2d 265 (Fla. 1998)

. . . of the degree of felony pursuant to section 775.0845, section 775.087, section 775.0875 or section 794.023 . . . result from a reclassification of felony degrees pursuant to sections 775.0845, 775.087, 775.0875, or. 794.023 . . .

COLLIE, v. STATE, 710 So. 2d 1000 (Fla. Dist. Ct. App. 1998)

. . . adjudication, or has pled nolo contendere or guilty to, any violation of s. 794.011(2), (3), (4), or (5), s. 794.023 . . .

A. MADIWALE, M. v. SAVAIKO,, 117 F.3d 1321 (11th Cir. 1997)

. . . Specifically, the warrant affidavits include alleged violations of § 794.023; which prohibits sexual . . . These facts are adequate to establish arguable.probable cause that Florida Statutes § 794.023 and § 794.011 . . . Savaiko claimed in her search warrant affidavits that the laws violated were Florida Statutes § 794.023 . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE SENTENCING GUIDELINES, 685 So. 2d 1213 (Fla. 1996)

. . . level may result from a reclassification of felony degrees pursuant to 775.0845, 775.087, 775.0875, or 794.023 . . .

WILLIAMS, v. STATE, 678 So. 2d 443 (Fla. Dist. Ct. App. 1996)

. . . these life felonies cannot be enhanced under section 775.084(4), Florida Statutes (1993) or section 794.023 . . . offender statute, section 775.084(4), or under the statute pertaining to multiple perpetrators, section 794.023 . . .

STATE v. SMITH,, 668 So. 2d 639 (Fla. Dist. Ct. App. 1996)

. . . Additionally, section 794.023, Florida Statutes (1993) mandates an enhanced penalty for acts of sexual . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE RE SENTENCING GUIDELINES, 660 So. 2d 1374 (Fla. 1995)

. . . level may result from a reclassification of felony degrees pursuant to 775.0845, 775.087, 775.0875, or 794.023 . . .

STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 657 So. 2d 1152 (Fla. 1995)

. . . Note to judge In the event of multiple perpetrators, give instruction on enhancement, F.S. 794.023. . . .

VELASQUEZ, v. STATE, 657 So. 2d 1218 (Fla. Dist. Ct. App. 1995)

. . . The state argues that attempted sexual battery should be enhanced by section 794.023 to, at least, a . . . charged with an attempt to commit sexual battery with multiple perpetrators in violation of sections 794.023 . . . Had Velasquez been convicted of sexual battery, section 794.023 would have been applicable to elevate . . . However, a close reading of section 794.023 shows that it fails to address attempted sexual battery, . . .

TAYLOR, v. STATE, 619 So. 2d 1017 (Fla. Dist. Ct. App. 1993)

. . . abetting sexual battery as a first-degree felony rather than as a second-degree felony pursuant to section 794.023 . . . Section 794.023 requires enhancement of a second-degree felony to a first-degree felony when acts of . . .

STANDARD JURY INSTRUCTIONS- CRIMINAL CASES NO., 603 So. 2d 1175 (Fla. 1992)

. . . Note to Judge In the event of multiple perpetrators, give instruction on enhancement, F.S. 794.023. . . .

GORDON, v. STATE, 599 So. 2d 1048 (Fla. Dist. Ct. App. 1992)

. . . The court stated as its reasons for departure: (1) Section 794.023, Florida Statutes (1991), authorizes . . . Reason number one is invalid since section 794.023 allows enhanced penalties if the state charges and . . . commit sexual battery is contemplated by the statute since the failure to charge Gordon under section 794.023 . . .

MANTLE, v. STATE, 592 So. 2d 1190 (Fla. Dist. Ct. App. 1992)

. . . with which he was charged in the information (sexual battery by multiple perpetrators, §§ 794.011(5) & 794.023 . . .

STATE v. M. M. a, 557 So. 2d 217 (Fla. Dist. Ct. App. 1990)

. . . adult offense of being a principal to sexual battery in violation of sections 777.011, 794.011(3), and 794.023 . . .

THE FLORIDA BAR RE STANDARD JURY INSTRUCTIONS- CRIMINAL, 508 So. 2d 1221 (Fla. 1987)

. . . Note to Judge In the event of multiple perpetrators, give instruction on enhancement, F.S. 794.023. . . . Note to Judge In the event of multiple perpetrators, give instruction on enhancement, F.S. 794.023. . . . Note to Judge In the event of multiple perpetrators, give instruction on enhancement, F.S. 794.023.' . . . Note to Judge In the event of multiple perpetrators, give instruction on enhancement, F.S. 794.023. . . .