The 2023 Florida Statutes (including Special Session C)
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. . . 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 . . .
. . . See §.794.023, Fla. Stat. . . . See § 794.023, Fla. Stat. . . .
. . . § 794.023, Fla. Stat. . . .
. . . penis or any other object, without the victim’s consent” on February 1, 2012, contrary to sections 794.023 . . .
. . . 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. . . .
. . . second-degree felony; and one count of sexual battery by multiple perpetrators, sections 794.011(5) and 794.023 . . .
. . . perpetrators, “while the victim was physically helpless to resist,” citing sections 794.011(4) and 794.023 . . .
. . . . § 794.023, Fla. Stat. . . .
. . . It is also irrelevant that such an offense was reclassified to a higher felony degree under s. 794.023 . . .
. . . 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 . . .
. . . 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. . . .
. . . See § 794.023(2)(b), Fla. Stat. (2001). . . .
. . . 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 . . .
. . . or guilty to, regardless of adjudication, any violation of s. 794.011(2), (3), (4), (5), or (8), s. 794.023 . . .
. . . 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. . . .
. . . 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 . . .
. . . . §§ 800.04(3) and 794.023, Fla. Stat, (1995). . § 800.04(1), Fla. . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . See § 794.023(2)(a), Fla. Stat. (1997). . . . However, section 794.023(2)(a) is not a felony reclassification statute. . . .
. . . . § 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 . . .
. . . 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. . . .
. . . 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 . . .
. . . 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). . . .
. . . of the degree of felony pursuant to section 775.0845, section 775.087, section 775.0875 or section 794.023 . . .
. . . 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 . . .
. . . adjudication, or has pled nolo contendere or guilty to, any violation of s. 794.011(2), (3), (4), or (5), s. 794.023 . . .
. . . 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 . . .
. . . level may result from a reclassification of felony degrees pursuant to 775.0845, 775.087, 775.0875, or 794.023 . . .
. . . 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 . . .
. . . Additionally, section 794.023, Florida Statutes (1993) mandates an enhanced penalty for acts of sexual . . .
. . . level may result from a reclassification of felony degrees pursuant to 775.0845, 775.087, 775.0875, or 794.023 . . .
. . . Note to judge In the event of multiple perpetrators, give instruction on enhancement, F.S. 794.023. . . .
. . . 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, . . .
. . . 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 . . .
. . . Note to Judge In the event of multiple perpetrators, give instruction on enhancement, F.S. 794.023. . . .
. . . 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 . . .
. . . with which he was charged in the information (sexual battery by multiple perpetrators, §§ 794.011(5) & 794.023 . . .
. . . adult offense of being a principal to sexual battery in violation of sections 777.011, 794.011(3), and 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.' . . . Note to Judge In the event of multiple perpetrators, give instruction on enhancement, F.S. 794.023. . . .