Arrestable Offenses / Crimes under Fla. Stat. 794.023
CopyCited 110 times | Published | Court of Appeals for the Eleventh Circuit | 1997 U.S. App. LEXIS 19000, 1997 WL 381277
...ctor, recommended by Medicaid, who apparently
did not specialize in treating sexual abuse. [Savaiko Depo., Vol. I, at 119-120; Hogan Depo. at
68].
4
Savaiko claimed in her search warrant affidavits that the laws violated were Florida Statutes
§
794.023, sexual battery by multiple perpetrators; §
794.011(2), sexual battery on a child under
twelve years of age by an offender under 18 years of age; §
777.03, accessory after the fact; §
777.011, aiding and abetting commission of a crime;...
...reporting statute, for the reasons discussed earlier, obtaining the warrants would have violated
clearly established law.
However, Savaiko also premised the search warrants on violations of other statutes.
Specifically, the warrant affidavits include alleged violations of §
794.023, which prohibits sexual
battery by multiple perpetrators, and §
794.011(2), which prohibits sexual battery on a child under
twelve years of age by an offender under eighteen years of age....
...The affidavits also stated that Savaiko had
sworn statements by two former Ranch employees that reports documenting the abuse and the
identities of the perpetrators were kept at the Ranch building and the residence. These facts are
adequate to establish arguable probable cause that Florida Statutes §
794.023 and §
794.011(2) had
been violated....
CopyCited 75 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230
...antially limited in his or her ability to resist or flee an act. Give if However, any act done for bona fide medical purposes is applicable not a sexual battery. Note to In the event of multiple perpetrators, give instruction on Judge enhancement, F.S. 794.023....
CopyCited 36 times | Published | Supreme Court of Florida | 2007 WL 2002611
...Give if applicable. However, any act done for bona fide medical purposes is not a sexual battery. Definition. Give if applicable. "Union" means contact. In the event that multiple perpetrators is charged and proven, give instruction on enhancement. § 794.023, Fla....
CopyCited 18 times | Published | Florida 3rd District Court of Appeal | 2003 WL 22399573
...[11] This section provides: (b) A sexual predator who has been convicted of or found to have committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation, or attempted violation, of s.
794.011(2), (3), (4), (5), or (8); s.
794.023; s....
...See §
775.21(4)(a), Fla. Stat. (a single capital, life, or first-degree felony violation of chapter 794 automatically qualifies person as "sexual predator"); §
794.011(4)(a), Fla. Stat. (sexual battery on physically incapacitated victim is a first-degree felony); §
794.023(2)(b), Fla....
CopyCited 14 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 864, 2008 Fla. LEXIS 2049, 2008 WL 4736377
..."Serious personal injury" means great bodily harm or pain, permanent disability, or permanent disfigurement. Give if applicable. However, any act done for bona fide medical purposes is not a sexual battery. In the event that multiple perpetrators is charged and proven, give instruction on enhancement. § 794.023, Fla....
...limited in his or her ability to resist or flee an act. Give if applicable. However, any act done for bona fide medical purposes is not a sexual battery. In the event that multiple perpetrators is charged and proven, give instruction on enhancement. § 794.023, Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1999 WL 4950
...iminal Procedure was amended to provide: "An offense does not become unlisted and subject to the provisions of section 921.0013, because of a reclassification of the degree of felony pursuant to section
775.0845, section
775.087, section
775.0875 or section
794.023." See Amendments to Florida Rules of Criminal Procedure re: Sentencing Guidelines,
685 So.2d 1213,1214 (Fla.1996)....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1999 WL 641853
...tery. Sexual battery, he argues, is a second degree felony, *1047 while attempted sexual battery is only a third degree felony. The trial court denied relief. The court concluded that although attempted sexual battery is a third degree felony, under section 794.023, Florida Statutes (1997), a sexual battery committed by multiple offenders warrants an enhanced penalty, thereby justifying the increase of Gifford's offense to a second degree felony....
...The court also concluded that three other grounds asserted by Gifford in his motion were without merit; as to those grounds, we agree that Gifford's claims were without merit. The lower court erred in concluding that the attempted sexual battery could be enhanced from a third degree felony to a second degree felony. Section 794.023 provides: (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....
...y. The statute makes no provision for enhancing third degree felonies, such as the attempted sexual battery in this case, to second degree felonies. Applying the rule that statutes defining criminal conduct are to be strictly construed, we hold that section
794.023 does not apply to the crime of attempted sexual battery. See §
775.021(1), Fla. Stat. (1997). The fifth district reached a similar conclusion concerning section
794.023 in Velasquez v. State,
657 So.2d 1218 (Fla. 5th DCA 1995), holding that an attempted sexual battery could not be enhanced under that statute, even though there were multiple perpetrators involved: [A] close reading of section
794.023 shows that it fails to address attempted sexual battery, and the enhancement provisions relate only to second degree felonies and first degree felonies....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1996 WL 64775
...adults, regardless of their consent. See State v. Johns,
576 So.2d 1332 (Fla. 5th DCA 1991); State v. Sorakrai,
543 So.2d 294 (Fla. 2d DCA 1989); L.L.N. v. State,
504 So.2d 6 (Fla. 2d DCA 1986), review denied,
511 So.2d 299 (Fla.1987). Additionally, section
794.023, Florida Statutes (1993) mandates an enhanced penalty for acts of sexual battery committed by more than one person based upon a public policy that such acts are a danger to the public and offensive to civilized society....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1999 WL 776086
...This instruction would be similar to, but in the reverse direction, the instruction on lesser included offenses. This procedure might well eliminate limited jury pardons with unintended consequences without affecting the jury's general pardon power. NOTES [1] §
794.011(4), Fla. Stat. (1995). [2] §
794.023, Fla....
...... aggravated child abuse.' The State was authorized to charge appellant of both crimes. However, when the underlying crime is an element of the greater offense, the defendant may be convicted and sentenced only for the greater of the crimes." [5] Section 794.023(2), Florida Statutes....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2007 WL 4244230
...(2001) (prohibiting sexual battery upon a person "physically helpless to resist"). The State alleged, and the jury found, that two of appellant's three roommates participated in the encounter, elevating the offense from a first-degree felony to a life felony. See § 794.023(2)(b), Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 497, 1998 Fla. LEXIS 1829, 1998 WL 650579
...(E) A life felony within offense level 10. An offense does not become unlisted and subject to the provisions of section
921.0023 because of a reclassification of the degree of felony pursuant to section
775.0845, section
775.087, section
775.0875 or section
794.023, Florida Statutes, or any other law that provides an enhanced penalty for a felony offense....
...9, and 10 must be scored as felonies one offense level beneath the incomplete or inchoate offense. (11) An increase in offense severity level may result from a reclassification of felony degrees pursuant to sections
775.0845,
775.087,
775.0875, or.
794.023....
CopyCited 1 times | Published | Supreme Court of Florida
...(E) Aa life felony within offense level 10.
An offense does not become unlisted and subject to the provisions of section
921.0023 because of a reclassification of the degree of felony under section
775.0845, section
775.087, section
775.0875, or section
794.023, Florida Statutes,
or any other law that provides an enhanced penalty for a felony offense.
(d) General Rules and Definitions.
(1) One or more Criminal Punishment Code scoresheets must be
prepared for each offe...
...levels 3, 4, 5, 6, 7, 8, 9, and 10 must be scored as felonies one1 offense level
beneath the incomplete or inchoate offense.
(11) An increase in offense severity level may result from a
reclassification of felony degrees under sections
775.0845,
775.087,
775.0875, or
794.023, Florida Statutes....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 24 Fla. L. Weekly Fed. D 1619
...See sections
794.011(5),
775.082(3)(c), Florida Statutes (1997). However, if a defendant has participated in a sexual battery involving multiple perpetrators, his second degree felony offense "shall be punishable as if it were a felony of the first degree." See §
794.023(2)(a), Fla....
...d perpetrator law. Nevertheless, it seems apparent that the legislature amended it in response to Cabal, to make clear that it is a reclassification statute. But such is not so apparent with respect to the multiple perpetrator statute at issue here. Section 794.023 was one of the statutes amended in October 1995 to include the "boilerplate" language referred to in the Cabal opinion....
...sponse to the Cabal decision. In light of this, the legislature's failure to make corresponding changes to the multiple perpetrator law speaks almost as loudly as its expressed declaration that the intent of that statute is to enhance penalties. See § 794.023(1), Fla....
...s to reclassification. The State also points out that Florida Rule of Criminal Procedure 3.703(d)(11) states that an "increase in offense severity level may result from a reclassification of felony degrees pursuant to
775.0845,
775.087,
775.0875, or
794.023 [,]" and that rule 3.703(c)(2) provides that "[a]n offense does not become unlisted and subject to the provisions of section 921.0013, because of a reclassification of the degree of felony pursuant to section
775.0845, section
775.087, section
775.0875 or section
794.023." (Emphases supplied.) We note that language corresponding to the latter rule provision has been included in section
921.0022(2), Florida Statutes (Supp.1998). The foregoing provisions do not compel a conclusion that section
794.023 effected a reclassification of Newman's offenses....
...penalty enhancement provision. On the other hand, if we were to ascribe to those provisions the meaning urged by the State, they would conflict with the declaration in subsection (1) that the statute was enacted to "provide enhanced penalties." See § 794.023(1), Fla....
...This would create an ambiguity which, under the rule of lenity, must be resolved in favor of the defendant. See §
775.021, Fla. Stat. (1997); Cabal,
678 So.2d at 318; Schloesser v. State,
697 So.2d 942, 943 (Fla. 2d DCA 1997). For all the foregoing reasons, we conclude that section
794.023 is a penalty enhancement statute, and that the trial court erred by reclassifying Newman's crimes to first degree felonies....
CopyCited 1 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 338, 1995 Fla. LEXIS 1139, 1995 WL 410690
perpetrators, give instruction on enhancement, F.S.
794.023. Note to judge The option of the word “[with]
CopyCited 1 times | Published | Supreme Court of Florida | 2016 WL 1460708
...”
“Student” means a person younger than 18 years of age who is enrolled
at a school.
- 26 -
In the event that multiple perpetrators is charged and proven, give
instruction on enhancement. § 794.023, Fla....
...qualified as a Dangerous Sexual Felony Offender, pursuant to §
794.0115, Fla.
Stat.
- 28 -
In the event that multiple perpetrators is charged and proven, a special
instruction is necessary. See §
794.023, Fla....
...“Florida Virtual School” or the “K-8 Virtual School.”
“Student” means a person younger than 18 years of age who is enrolled
at a school.
In the event that multiple perpetrators is charged and proven, give
instruction on enhancement. § 794.023, Fla....
...See Instruction 11.16 or 11.16(a) if the State charged that the defendant
qualified as a Dangerous Sexual Felony Offender, pursuant to §
794.0115, Fla.
Stat.
In the event that multiple perpetrators is charged and proven, a special
instruction is necessary. See §
794.023, Fla....
...See Instruction 11.16 or 11.16(a) if the State charged that the defendant
qualified as a Dangerous Sexual Felony Offender, pursuant to §
794.0115, Fla.
Stat.
In the event that multiple perpetrators is charged and proven, a special
instruction is necessary. See §
794.023, Fla....
CopyPublished | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 626, 2001 Fla. LEXIS 1929, 2001 WL 1130811
...(E)A life felony within offense level 10. An offense does not become unlisted and subject to the provisions of section
921.0023 because of a reclassification of the degree of felony pursuaet-tounder section
775.0845, section
775.087, section
775.0875 or section
794.023, Florida Statutes, or any other law that provides an enhanced penalty for a felony offense....
...0 must be scored as felonies one offense level beneath the incomplete or inchoate offense. *829 (11) An increase in offense severity level may result from a reclassification of felony degrees pursuant founder sections
775.0845,
775.087,
775.0875, or
794.023....
CopyPublished | Supreme Court of Florida | 12 Fla. L. Weekly 259, 1987 Fla. LEXIS 1921
perpetrators, give instruction on enhancement, F.S.
794.023. Note to Judge The option of the word “[with]
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 3440, 2001 WL 273231
...Newman was convicted of three counts of sexual battery involving multiple perpetrators. Although sexual battery is a second-degree felony, the trial court reclassified these offenses to first-degree felonies because they involved multiple perpetrators, §
794.023(2)(a), Fla. Stat. (1997), and sentenced Newman to three life sentences as a habitual violent felony offender. In Newman v. State,
738 So.2d 981 (Fla. 2d DCA 1999), this court reversed Newman’s sentences, finding that section
794.023(2)(a) was an enhancement statute, not a reclassification statute....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 5827, 1992 WL 118358
...Gordon’s guidelines score sheet authorizes a recommended range of 3V2 to 4½ years incarceration or a permitted range of up to 5½ years. The trial court imposed a sentence of 7 years incarceration followed by 5 years probation. The court stated as its reasons for departure: (1) Section 794.023, Florida Statutes (1991), authorizes enhancement for acts of sexual battery committed by more than one person....
...(5) Society should be protected from Gordon’s propensity to commit future criminal acts. While the period of probation following incarceration is allowable, the period of incarceration in excess of 5V2 years is not, because the reasons for departure are invalid. Reason number one is invalid since section 794.023 allows enhanced penalties if the state charges and proves that more than one person committed the act of sexual battery on the same victim. We need not explore whether an attempt to commit sexual battery is contemplated by the statute since the failure to charge Gordon under section 794.023 invalidates this reason for departure....
CopyPublished | Florida 1st District Court of Appeal | 2008 WL 2338526
...PER CURIAM. Appellant, Jack Allen, appeals his conviction and sentence for sexual battery. We affirm the conviction without further comment. However, we reverse Appellant's sentence because the trial court erred in reclassifying the offense pursuant to section 794.023, Florida Statutes (2004). As the State concedes, it did not charge Appellant as a perpetrator under section 794.023. Therefore, reclassification was improper. See § 794.023(2), Fla....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 572, 2003 Fla. LEXIS 1146, 2003 WL 21511321
...in, permanent disability, or permanent disfigurement. Give if applicable However, any act done for bona fide medical purposes is not a sexual battery. fyr-the-e-vent-that multiple perp^odofs is-eharged-and proven, give-instruction on enhancement;-^- 794.023, FlaStat....
...1st BGA-1386)-at pages 627r4£&r Lesser Included Offenses [[Image here]] Comment This instruction was adopted in 1981 and was amended in 1987, and 1995, and 2003. fa-fee- event that-multiple perpetrators is charged and proven, give instruction-on enhancement, § 794.023, Fla.Stat....
...State-, k8k So.Sd 62Jp (Fla* — 1st DC A 1986), at pages 687, 688.- Lesser Included Offenses [[Image here]] Comment This instruction was adopted in 1981 and was amended in 1987, and 1995 and 2003. In the event that multiple perpetrators is charged and proven, give instruction on enhancement, § 794.023, Fla.Stat....
CopyPublished | Supreme Court of Florida
...(E) Aa life felony within offense level 10.
An offense does not become unlisted and subject to the provisions of section
921.0023 because of a reclassification of the degree of felony under section
775.0845, section
775.087, section
775.0875, or section
794.023, Florida Statutes,
or any other law that provides an enhanced penalty for a felony offense.
(d) General Rules and Definitions.
(1) One or more Criminal Punishment Code scoresheets must be
prepared for each offe...
...levels 3, 4, 5, 6, 7, 8, 9, and 10 must be scored as felonies one1 offense level
beneath the incomplete or inchoate offense.
(11) An increase in offense severity level may result from a
reclassification of felony degrees under sections
775.0845,
775.087,
775.0875, or
794.023, Florida Statutes....
CopyPublished | Supreme Court of Florida | 2015 WL 358011
...Stat.
Ignorance of (victim’s) age, (victim’s) misrepresentation of his or her
age, or a defendant’s bona fide belief of (victim’s) age is not a defense to the
crime charged.
In the event that multiple perpetrators is charged and proven, give
instruction on enhancement.
§ 794.023, Fla....
...not a sexual
battery.
Give if requested. §
794.022, Fla. Stat.
(Victim’s) lack of chastity is not a defense to the crime charged.
In the event that multiple perpetrators is charged and proven, give
instruction on enhancement. §
794.023, Fla....
...not a sexual
battery.
Give if requested. §
794.022, Fla. Stat.
(Victim’s) lack of chastity is not a defense to the crime charged.
In the event that multiple perpetrators is charged and proven, give
instruction on enhancement. §
794.023, Fla....
...not a sexual
battery.
Give if requested. §
794.022, Fla. Stat.
(Victim’s) lack of chastity is not a defense to the crime charged.
In the event that multiple perpetrators is charged and proven, give instruction
on enhancement. §
794.023, Fla._Stat.
The option of the word "[with] (victim)" in 2a is provided to reflect the manner
in which the crime was committed....
CopyPublished | Supreme Court of Florida
...Ignorance of (victim’s) age, (victim’s) misrepresentation of his or her age, or a defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged. dn-the-event-that-m/idUple-perpetrators is-eharged-andproven-give-instruction on enhancement? § 794.023, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 8222, 1996 WL 441631
...M. Leonard Otis Williams challenges his convictions and sentences for two counts of sexual battery. We affirm the judgments but reverse the sentences because these life felonies cannot be enhanced under section
775.084(4), Florida Statutes (1993) or section
794.023, Florida Statutes (1993)....
...Sexual battery with great force is a life felony pursuant to section
794.011(3), Florida Statutes (1993). A defendant who is convicted of a life felony cannot have his sentence enhanced under the habitual offender statute, section
775.084(4), or under the statute pertaining to multiple perpetrators, section
794.023....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 4866, 2011 WL 1331547
...Roca was convicted of kidnapping (count 1) and three counts of sexual battery with use of force not likely to cause serious injury with the offense being committed by more than one person during the same criminal episode (counts 6, 7, and 8). See §§
787.01(2),
794.023(2)(a), Fla....
...degree felonies for which the maximum penalty as a habitual felony offender is thirty years. The postconviction court summarily denied the motion. It reasoned that counts 6 and 8 were first-degree felonies because Mr. Roca was charged with violating section 794.023, which enhances second-degree sexual batteries to first-degree felonies. The State properly concedes that the postconviction court erred in reclassifying the second-degree felony sexual battery convictions to first-degree felonies. Section 794.023 is a penalty enhancement statute....
...2d DCA 1999). Mr. Roca qualified to be sentenced for these second-degree felonies to a maximum of thirty years as a habitual felony offender. See §
775.084(4)(a)(2), Fla. Stat. (1991). Perhaps the postconviction court relied upon the 2010 version of section
794.023 which “reclassifies” offenses of sexual battery committed by more than one person....
...Roca must be sentenced under the laws in effect at the time of the offense. See Vonador v. State,
857 So.2d 323, 324 (Fla. 2d DCA 2003) (stating that “it is axiomatic that a criminal sentence is governed by the laws in effect at the time of the offense”). Because the 1991 version of section
794.023 was an enhanced penalty statute, Mr....
