Arrestable Offenses / Crimes under Fla. Stat. 794.05
S794.05 - SEX ASSLT - RENUMBERED. SEE REC # 2711 - F: S
CopyCited 76 times | Published | Supreme Court of Florida | 1992 WL 4876
...OINTS MAY BE ASSESSED FOR PENETRATION UNDER VICTIM INJURY IN CALCULATING THE SENTENCING GUIDELINES SCORESHEET FOR "CATEGORY 2: SEXUAL OFFENSES" FOR A CONVICTION OF THE OFFENSE OF CARNAL INTERCOURSE WITH AN UNMARRIED PERSON UNDER THE AGE OF 18 YEARS, SECTION 794.05, FLORIDA STATUTES....
...We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution. We answer the question in the negative, approve Thompson, and remand this case for resentencing consistent with this decision. In this case, Marcus E. Karchesky was tried and convicted under section 794.05, Florida Statutes (1985), of three counts of unlawful carnal intercourse with an unmarried person under eighteen years of age....
...In Thompson, the Second District Court of Appeal took a contrary view and, in considering the assessment of points for victim injury for an identical offense, stated: "Since victim injury is not an element of the offense of carnal intercourse, see section
794.05, the trial court erred in assessing the eighty-five points."
483 So.2d at 1-2....
...in the committee note which has been approved by neither the legislature nor this Court the majority is in effect requiring a slight and imperfect tail to wag a large, healthy dog. In the present case, the defendant was convicted of violating section 794.05, Florida Statutes (1985), which proscribes having "unlawful carnal intercourse" with an unmarried person under eighteen years of age....
CopyCited 71 times | Published | Supreme Court of Florida | 151 Fla. 778, 1942 Fla. LEXIS 1267
basic offense (Section 7552, C.G.L., 1927, now Section
794.05, Florida Statutes, 1941) is silent as to the
CopyCited 71 times | Published | Supreme Court of Florida | 2001 WL 776269
...State,
537 So.2d 982, 983-84 (Fla.1989), this Court detailed the history of the enactment of the sentencing guidelines. [9] Chapter 794 covered sexual battery (section
794.011), and carnal intercourse with an unmarried person under the age of eighteen (section
794.05)....
CopyCited 40 times | Published | Supreme Court of Florida | 154 Fla. 730, 1944 Fla. LEXIS 805
of Lee County, Florida, for the violation of Section
794.05, Fla. Stats. 1941 (F.S.A.). He was by the trial
CopyCited 40 times | Published | Supreme Court of Florida
...However, if you are convinced that the vehicle was operable at the time of the alleged offense, then you should find the defendant guilty if all the other elements of the charge have been proved beyond a reasonable doubt. UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS F.S. 794.05 [NEW] Before you can find the defendant guilty of sexual activity with a minor, the State must prove the following three elements beyond a reasonable doubt: Elements 1....
CopyCited 24 times | Published | Supreme Court of Florida | 1995 WL 382659
...We have for review a decision of the Second District Court of Appeal, State v. B.B.,
637 So.2d 936 (Fla. 2d DCA 1994), which certified the following question to be of great public importance: Whether Florida's privacy amendment, Article I, Section 23 of the Florida Constitution, renders section
794.05, Florida Statutes (1991), unconstitutional as it pertains to a minor's consensual sexual activity? Id....
...n years when charged. B.B. was charged on January 21, 1993, with sexual battery. The victim was also sixteen years of age. After B.B. was deposed, the state attorney amended the petition from sexual battery to unlawful carnal intercourse pursuant to section 794.05, Florida Statutes (1991). Section 794.05 provides that: (1) Any person who has unlawful carnal intercourse with any unmarried person, of previous chaste character, who at the time of such intercourse is under the age of 18 years, shall be guilty of a felony of the *258 second degree, punishable as provided in s....
...ween the defendant and the prosecuting witness. B.B. filed a motion to declare the statute unconstitutional as violative of his right to privacy and to dismiss the petition. The circuit court, relying on In re T.W.,
551 So.2d 1186 (Fla. 1989), found section
794.05 unconstitutional and granted the motion....
...The State appealed, and the district court reversed the circuit court's findings, relying on Jones v. State,
619 So.2d 418 (Fla. 5th DCA 1993), approved,
640 So.2d 1084 (Fla. 1994). The district court certified the above question to this Court. Initially, we note that section
794.05 is materially different from section
800.04, Florida Statutes (1991), [1] which we upheld in Jones v....
...usive means."
551 So.2d at 1193. Thus, once it is determined that a citizens's privacy interest is implicated, this test shifts the burden to the State to justify the intrusion of privacy. We find that the State failed to meet its burden in applying section
794.05 to adjudicate a minor as a delinquent second-degree felon....
...Having distinguished between the State's interest in the adult-minor situation and in the minor-minor situation, we conclude that the State has failed to demonstrate in this minor-minor situation that the adjudication of B.B. as a delinquent through the application of section 794.05 is the least intrusive means of furthering what we have determined to be the State's compelling interest....
...It was on this basis that the Court explained why the statute protected only unmarried minors who were chaste. *260 We agree with the opinion of the Fourth District Court of Appeal in Victor v. State,
566 So.2d 354 (Fla. 4th DCA 1990), that the purpose of section
794.05(1), Florida Statutes, is "to protect minors from sex acts imposed by adults." Victor, 566 at 356. Here, though, section
794.05 is not being applied in furtherance of the purpose delineated by the district court in Victor. Section
794.05 is not being utilized as a shield to protect a minor, but rather, it is being used as a weapon to adjudicate a minor delinquent. Thus, we do not hold that section
794.05 is facially unconstitutional but only that it is unconstitutional as applied to this 16-year-old as a basis for a delinquency proceeding....
...d product of sexual promiscuity. However, our decision is not about what should be taught but about what can be adjudicated to be delinquency as a second-degree felony. For the reasons stated herein, we quash the decision of the district court, hold section 794.05, Florida Statutes (1991), to be unconstitutional as applied to a minor who is sought to be prosecuted pursuant to the statute, and remand for proceedings consistent with this opinion....
...orthwhile. ANSTEAD, J., concurs. GRIMES, Chief Justice, dissenting. In Jones v. State,
640 So.2d 1084 (Fla. 1994), this Court upheld section
800.04, Florida Statutes (1991), which prohibited sexual intercourse with a person under the age of sixteen. Section
794.05, Florida Statutes (1991), prohibits sexual intercourse with an unmarried person of previous chaste character under the age of eighteen....
...a strong policy interest in protecting minors from harmful *262 sexual conduct. I cannot see how In re T.W.,
551 So.2d 1186 (Fla. 1989), can be read to support the proposition that a sixteen-year-old child has a privacy right to have sex. In holding section
794.05 unconstitutional as applied, the majority appears to be saying that a sixteen-year-old child has a constitutional right to engage in sex with another sixteen-year-old child, though an older person would not have such a right. However, section
794.05 reflects a legislative determination to protect chaste and unmarried children under the age of eighteen from the dangers of having sex with anyone, regardless of age....
...HARDING, Justice, dissenting. I respectfully dissent. The facts of this case make its resolution troublesome. Two persons, both minors, agreed to engage in sexual intercourse. The State filed delinquency charges against one of the minors for violating section
794.05, Florida Statutes (1991), by having unlawful carnal intercourse with the other minor. According to the opinion under review, the trial court, relying on In re T.W.,
551 So.2d 1186 (Fla. 1989), determined that section
794.05 was unconstitutional....
...The district court reversed based on the reasoning in Jones v. State,
619 So.2d 418 (Fla. 5th DCA 1993), approved,
640 So.2d 1084 (Fla. 1994). The question certified by the district court specifically limits our consideration to whether the privacy amendment of the Constitution renders section
794.05 "unconstitutional as it pertains to a minor's consensual sexual activity[.]" We have not been asked to determine if the statute is constitutional or not for any other reason....
...[2] A variety of other criminal statutes might apply, however, depending on the facts of the case. I also must note that, while Chief Justice Grimes correctly quotes my concurrence in Jones, the two statutes he compares differ in a crucial respect: Section
794.05 requires that the child be chaste whereas section
800.04 does not....
CopyCited 23 times | Published | Florida 1st District Court of Appeal | 1999 WL 594179
...da Statutes (1997) (Count One); and that Wright, being a person 24 years of age or older, engaged in sexual activity with the same victim, S.J., a person 16 or 17 years of age, [1] by placing his penis in or upon the victim's vagina, in violation of section 794.05(1), Florida Statutes (1997) (Count Two)....
...However, we vacate the sentence and remand for resentencing based on a corrected scoresheet. May v. State,
721 So.2d 741 (Fla. 5th DCA 1998), rev. den.,
729 So.2d 394 (Fla.1999). Constitutional Challenge The defense moved to dismiss Count Two on the grounds that section
794.05, Florida Statutes (1997), which makes it a second-degree felony for a person 24 years of age or older to engage in "sexual activity" with a person 16 or 17 years old, is unconstitutional in violation of equal protection and the right to privacy....
...Accordingly, a defendant who challenges the constitutional validity of a statute bears a heavy burden of establishing its invalidity. Milliken v. State,
131 So.2d 889 (Fla.1961). *1232 Our sister court recently addressed similar constitutional challenges to the same version of section
794.05 in State v....
...1536,
39 L.Ed.2d 797 (1974); White Egret Condominium v. Franklin,
379 So.2d 346 (Fla.1979); Rollins v. State,
354 So.2d 61 (Fla.1978); D.P. v. State,
705 So.2d 593, 597 (Fla. 3d DCA 1997). The Second District Court found the following justification for the age restriction: In regards to section
794.05, the legislature decided to limit criminal responsibility to persons twenty-four years of age and over because the legislature felt that persons in this group were more likely than others to understand the consequences of their actions and to cause harm to minors who cannot appreciate the seriousness of their activities. Therefore, the age limitation in section
794.05 is not arbitrary when balanced against the goals of protecting minors from sexual exploitation....
...rder to accomplish that goal," the statute does not violate a person's right to privacy and is constitutional. Walborn,
729 So.2d at 506; State v. Pawloski,
718 So.2d 1264 (Fla. 2d DCA 1998) (citing Cunningham and reversing trial court's ruling that §
794.05 is unconstitutional violation of right to privacy). The court in Walborn reversed the trial court's order dismissing Walborn's information and remanded for further proceedings. Id. Adopting the reasoning ably set forth by the Second District Court in Cunningham and Walborn, we conclude that section
794.05, Florida Statutes (1997), is not unconstitutional in violation of either of the two asserted grounds, and that the trial *1233 court did not err in denying Wright's motion to dismiss....
...Eventually, he gave up and took back his cash due to the failure to achieve sexual intercourse. Wright, who is 24 years or older, argues that in presenting a consent defense to the sexual battery charge, he was improperly forced to admit guilt, pursuant to section 794.05, Florida Statutes (1997), for engaging in unlawful sexual activity with a person age 16 or 17 as to Count Two....
...ts, the sentence was vacated and the case remanded for resentencing. Id. As used in the statute under which Wright was charged in Count Two, "`sexual activity' means oral, anal, or vaginal penetration by, or union with, the sexual organ of another." § 794.05(1), Fla....
CopyCited 20 times | Published | Florida 2nd District Court of Appeal | 1992 WL 213150
...consolidated them for disposition. All three appellants base their motions, at least in part, upon Karchesky v. State,
591 So.2d 930 (Fla. 1992). [1] Karchesky involved the crime of "carnal intercourse," known in the vernacular as "statutory rape." §
794.05, Fla....
CopyCited 20 times | Published | Court of Appeals for the Eleventh Circuit | 1990 WL 80034
statutes, including the Rehabilitation Act. 29 U.S.C. § 794.5 The preamble to the 1988 legislation states that
CopyCited 15 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 24111, 2002 WL 31940726
...or similar visual representation or image of a person or portion of the human body which depicts nudity or sexual conduct, sexual excitement, sexual battery, bestiality, or sadomasochistic abuse and which is harmful to minors"). [66] See Fla. Stat. § 794.05(1) ("A person 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...")....
CopyCited 14 times | Published | Supreme Court of Florida | 2001 WL 521307
by any other object." The Legislature in section
794.005 expressed its findings with respect to sexual
CopyCited 14 times | Published | Florida 5th District Court of Appeal | 1993 WL 186548
...A version of this statute was in effect in Florida until the sexual battery statute was passed in 1975. [4] Section
794.011 makes it a felony of varying degrees of seriousness to commit a sexual battery on a person under the age of twelve, for which consent is no defense. Section
794.05 similarly obviates consent as a defense if the child is under eighteen, unmarried, and previously was chaste....
...ought under section
800.04. Since all of the children involved in these cases are over the age of twelve, apparently were not previously chaste, and they consented to the sexual intercourse, charges had to be brought under section
800.04 rather than section
794.05 or
794.011....
CopyCited 12 times | Published | Court of Appeals for the Eleventh Circuit
residence. See, e.g. , Fla. Stat. §
794.05 (1) ("Unlawful sexual activity with certain
CopyCited 12 times | Published | Supreme Court of Florida | 1998 WL 42190
...nal activity connected to the childhood sexual abuse of the perpetrators, thereby affecting society as a whole. Id. at 1088-89. B.B. V. STATE Subsequently, in B.B. v. State,
659 So.2d 256 (Fla.1995), upon review of a certified question, [6] we found section
794.05, Florida Statutes (1991), [7] unconstitutional as applied to the unique facts of that case, including the fact that both the charged defendant and the alleged consenting victim were aged sixteen....
...We also explored the ancient roots of the statute in an attempt to determine "why the statute protected only unmarried minors who were chaste." Id. Finally, after agreeing with a Fourth District opinion [9] that the statute's apparent purpose was "to protect minors from sex acts imposed by adults," we held that section 794.05 was unconstitutional as applied to sixteen-year-old B.B., since in *1385 his case it was "being used as a weapon to adjudicate a minor delinquent," rather than "being utilized as a shield to protect a minor." Id....
...[11] POLICY CHOICES In the present case, in considering an "as applied" constitutional challenge, we are again faced with difficult, competing policy choices, in a situation involving minors as defendants and victims. In B.B., we concluded that the purpose of section
794.05(1) was "to protect minors from sex acts imposed by adults."
659 So.2d at 260 (quoting Victor v....
...was added in 1993: "A mother's breastfeeding of her baby does not under any circumstance violate this section." Ch. 93-4, § 5 Laws of Fla. (1993). [6] "Whether Florida's privacy amendment, Article I, section 23 of the Florida Constitution, renders section 794.05, Florida Statutes (1991), unconstitutional as it pertains to a minor's consensual sexual activity?" Id....
...The trial court granted B.B.'s motion to declare the statute unconstitutional, relying on T.W. for the proposition that B.B.'s privacy rights under the Florida Constitution outweighed the State's interest in protecting the other consenting sixteen-year-old from her own consensual sexual conduct. Id. at 258. [7] Section 794.05 provided that: (1) Any person who has unlawful sexual intercourse with any unmarried person, of previous chaste character, who at the time of such intercourse is under the age of 18 years, shall be guilty of a felony of the second degree.......
...[8] This test was first established in Winfield v. Division of Pari-Mutuel Wagering,
477 So.2d 544 (Fla.1985). [9] Victor v. State,
566 So.2d 354, 356 (Fla. 4th DCA 1990). [10] As in Jones, Justice Kogan filed a separate concurrence and decried the selectivity of section
794.05, writing that this "singularly odd state of affairs indicates that the real objective of this statute is not to protect children as a class, but to prevent the loss of chastity of those not already `despoiled.'" Id. Justice Kogan found section
794.05 "inherently questionable" since it "purports to grant special status to a favored group of children over all others," thus violating the fundamental legal principle that "[l]aws should protect everyone, not merely a favored subgroup." Id. at 261. Justice Kogan also urged the legislature to either modernize section
794.05 or at least "decide if it is genuinely necessary in light of the variety of other statutes more than adequately protecting children from sexual predation." Id. [11] We note that in apparent response to our decision in B.B., the legislature completely revised section
794.05 in 1996....
...lony of the second degree..... As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose. § 794.05, Fla. Stat. (1997). Hence, section 794.05 no longer exists in the same form we considered in B.B....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal
...Section
794.011(2), Florida Statutes (1981), punishes as a capital or life felony (depending on the age of the offender) sexual intercourse with a child eleven years of age or younger, without regard to whether the victim consented or whether the victim was chaste. Section
794.05, Florida Statutes (1981), punishes as a felony of the second degree "unlawful carnal intercourse with any unmarried person, of previous chaste character, who at the time of such intercourse is under the age of 18 years," regardless of consent....
...Thus, sexual intercourse with a child eleven years of age or younger is always a crime, but sexual intercourse with a child between the ages of twelve and eighteen is a crime only if the unmarried "victim" is of previous chaste character. If, then, the offense created by Section
800.04 which, as the offense created by Section
794.05, is a second-degree felony were read to include consensual intercourse with an unchaste child under the age of fourteen, the chastity requirement of Section
794.05 would be rendered meaningless in the case of consensual sexual intercourse with children between the ages of twelve and fourteen years....
...1950) (legislative intent must be ascertained and effectuated); Haworth v. Chapman,
113 Fla. 591,
152 So. 663 (1934) (same); State v. Hoag,
419 So.2d 416, 417 (Fla. 3d DCA 1982) ("If a statute is to make sense, it must be read in light of some assumed purpose."). Section
794.05, as first enacted in Florida, was propounded "for the purpose of protecting the virginity of young maidens." Simmons v....
...ears of age who by reason of an already acquired sexual promiscuity are no longer of previous chaste character within the statutory definition of the crime... ." Deas v. State,
119 Fla. 839, 842,
161 So. 729, 730 (1935). The continued reenactment of Section
794.05 after this construction is deemed an adoption thereof by the Legislature....
...34,
50 L.Ed.2d 63 (1976); Collins Investment Co. v. Metropolitan *185 Dade County,
164 So.2d 806 (Fla. 1964); Meehan v. The Celotex Corporation (Fla. 3d DCA 1983) (Case No. 82-122, opinion filed November 15, 1983). If the Legislature had intended the chastity requirement embodied in Section
794.05 to be inapplicable to children between the ages of twelve and fourteen, it would have said so....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2005 WL 1047287
...to accept the sentence as rendered. If Mr. Barber does withdraw his plea, the State will have the option of reinstating the previously nolle prossed counts of the information. REVERSED and REMANDED. SHARP, W. and PETERSON, JJ., concur. NOTES [1] See § 794.05(1), Fla....
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...There is a notable exception to the general rule that the victim must be female. That exception is found here in Florida and was articulated by the court in Deas v. State, (1935)
119 Fla. 839,
161 So. 729. There the court had before it a conviction for violation of Chapter 8596, Acts of 1921, now carried as Section
794.05, Florida Statutes, F.S.A....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 2007 WL 714116
...Because the State has failed to show that the trial court departed from the essential requirements of the law in excluding the evidence, we deny the petition. Denny Smith, the defendant in the trial court, is accused of having sexual intercourse with a female under the age of sixteen, in violation of section 794.05, Florida Statutes (2005)....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2004 WL 432501
...Hodge contends that the trial court improperly denied his motion for judgment of acquittal, arguing that the State failed to prove that the seventeen-year-old victim had not had the disabilities of nonage removed. Appellant was found to have violated section 794.05, Florida Statutes (2000), which provides in pertinent part: (1) A person 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.......
...s 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. *1273 Our holding that section 794.05 is a strict liability crime is supported by earlier caselaw finding that crimes against underage persons fall "`within the category of crimes in which, on grounds of public policy, certain acts are made punishable without proof that the defendant understands the facts that give character to his act ......
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1998 WL 399640
...relations with her. One apparent difficulty with this argument is that, on the facts of this case, it appears relatively clear that appellant could have been prosecuted for carnal intercourse with an unmarried person younger than 18, in violation of section 794.05, Florida Statutes (1995)....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1999 WL 186698
...Davenport, Assistant Attorney General, Tampa, for Appellant/ Cross-Appellee. Bob Dillinger, Public Defender, and Stephen L. Romine, Assistant Public Defender, Clearwater, for Appellee/Cross-Appellant. GREEN, Judge. Bobbie June Walborn was charged by information with unlawful sexual activity with a minor, pursuant to section 794.05, Florida *505 Statutes (1997). Walborn filed a motion to dismiss the information and to declare section 794.05, Florida Statutes (1997), unconstitutional because it violated her right to privacy, under Article 1, section 23 of the Florida Constitution, and her right to equal protection, under Article 1, section 2 of the Florida Constitution and the Fourteenth Amendment to the Constitution of the United States. The trial court ruled that although the statute did not violate Walborn's right to privacy, it did violate her right to equal protection and dismissed the information. The State appeals the dismissal of Walborn's information alleging that section 794.05, Florida Statutes (1997), does not violate the equal protection clause....
...Since we find the statute to be constitutional, we reverse the trial court's order dismissing Walborn's information and affirm the order as it pertains to Walborn's cross-appeal. On direct appeal, the State alleges that the trial court erred in finding that section 794.05, Florida Statutes (1997), violated Walborn's right to equal protection. Section 794.05(1), Florida Statutes (1997), states: A person 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, punishable as provided in s....
...See In re Greenberg,
390 So.2d 40 (Fla.1980). All reasonable doubts as to the validity of statutes are to be resolved in favor of constitutionality. See Gammon v. Cobb,
335 So.2d 261 (Fla.1976). A recent opinion of this court addressed the constitutionality of section
794.05 under a right to privacy analysis....
..., and without reasonable relationship to the purposes of the statute. As already indicated, we cannot reach such a conclusion here. Drake, 219 N.W.2d at 496. The same holds true in our case. While all may not agree with the age restrictions found in section
794.05, Florida Statutes (1997), that does not make the classification arbitrary or capricious. The Florida Legislature has consistently expressed a strong policy interest in protecting minors from harmful sexual contact. See Jones v. State,
640 So.2d 1084 (Fla.1994). In regards to section
794.05, the legislature decided to limit criminal responsibility to persons twenty-four years of age and over because the legislature felt that persons in this group were more likely than others to understand the consequences of their actions and to cause harm to minors who cannot appreciate the seriousness of their activities. Therefore, the age limitation in section
794.05, is not arbitrary when balanced against the goals of protecting minors from sexual exploitation....
...We, therefore, find that the statute is reasonably related to the goal of protecting minors from sexual exploitation by adults and its age restriction is constitutional. Finally, Walborn argues on cross-appeal that the trial court should have found section 794.05, Florida Statutes (1997), unconstitutional not only because it violated her right to equal protection but because it also violated her right to privacy....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1998 WL 567959
those terms are defined in the statutes. See §
794.005, Fla. Stat. (Supp.1992). We also affirm the imposed
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 14918, 2009 WL 3189171
...ce; and (4) the Miranda challenge raised on appeal was not properly preserved. McGee was charged by information with five counts of unlawful sexual activity by a person age twenty-four or older with a minor, age sixteen or seventeen, in violation of section 794.05(1), Florida Statutes (2005)....
CopyCited 7 times | Published | Supreme Court of Florida | 1952 Fla. LEXIS 1201
...The defendant-appellant, James Caston, was informed against in the Criminal Court of Record of Broward County, Florida and charged with having intercourse with an unmarried female Negro girl of previous chaste character, who at the time it is alleged was under eighteen years of age, contrary to Section 794.05, F.S.A....
...He was not then sentenced to the State Prison but placed on probation, the conditions of which the Court held he had violated. Caston appealed. Counsel for appellant contends (1) that the trial Court was without authority to impose a sentence of eight years under a plea of guilty to an information drawn under Section 794.05, F.S.A.; (2) that it was the legal duty of the trial Court, after accepting the plea of guilty, to then examine the witnesses and from the testimony adduced determine the degree of the offense to which Caston plead guilty; (3) that the...
...to remain at liberty for a period of five years. The record discloses that the appellant Caston was arraigned and entered a plea of guilty in the Criminal Court of Record of Brevard County, Florida, on an information drafted under the provisions of Section 794.05, F.S.A., which provides: "Any person who has unlawful carnal intercourse with any unmarried person, of previous chaste character, who at the time of such intercourse is under the age of 18 years, shall be punished by imprisonment in th...
...upplied by reference to the rest of the record. We find from the record that the count of the information to which the appellant Caston entered a plea of guilty upon arraignment was drafted under *697 and in conformity with the several provisions of Section 794.05, F.S.A....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1993 WL 5862
In April of 1992, the legislature enacted section
794.005 of the Florida Statutes, clarifying that the
CopyCited 7 times | Published | Supreme Court of Florida
...the provisions of Florida Statutes, § 794.01, F.S.A., for rape. The Court seeks sanctity in the decision of Deas v. State,
119 Fla. 839,
161 So. 729 (1935). In 1921, a companion statute to Section 794.01, Chapter 8596, Acts of 1921, (now Fla. Stat. §
794.05, F.S.A.) was amended, changing in effect the word "female" to the word "person"....
...evious chaste character." [3] This Court was operating with the express legislative pronouncement and not with its own interpretation of the prevailing popular morality. Had the Legislature elected to conform Section 794.01 to that language found in Section 794.05 we would have less difficulty with the District Court's decision; or if this Court were solely a court of justice and not a court of justice under the law, the moral merit of the District Court's determination that this heinous crime must not go unpunished would force a different result....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...In his motion Defendant Thompson asserts that this court overlooked the fact that in sentencing him points for victim injury were erroneously scored under the sentencing guidelines. We agree. Defendant was convicted of carnal intercourse with an unmarried female under the age of eighteen years in violation of section 794.05, Florida Statutes (1983)....
...Eighty-five of those points were assessed for serious injury to the victim. Defendant objected to this particular point assessment. On August 27, 1984, the trial judge sentenced defendant to fifteen years in prison. Since victim injury is not an element of the offense of carnal intercourse, see section 794.05, the trial court erred in *2 assessing the eighty-five points....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1990 WL 126372
...The defendant is charged with engaging in "carnal intercourse" with an unmarried person under eighteen years of age. The facts are not disputed. The only act charged involved fellatio performed upon the victim by the defendant. The trial court denied appellant's motion to dismiss. We affirm. Florida Statutes Section
794.05(1) provides: Any person who has unlawful carnal intercourse with any unmarried person, of previous chaste character, who at the time of such intercourse is under the age of 18 years, shall be guilty of a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2006 WL 2682580
...efender, *819 and Leonard Holton, Assistant Public Defender, Tallahassee, for Appellant. Charlie Crist, Attorney General, and Sheron Wells, Assistant Attorney General, Tallahassee, for Appellee. BENTON, J. On appeal from his conviction for violating section 794.05, Florida Statutes (2003), Jovan Feliciano argues that the "statutory rape law" is facially unconstitutional, in that it violates due process for failure to require proof that the defendant knew the minor's age. We affirm. Mr. Feliciano was twenty-six years old by the time the brief liaison concluded. When they began having sexual intercourse, she was only two months beyond her seventeenth birthday. Given the disparity in their ages, his conduct violated section 794.05(1), Florida Statutes (2003), which provides: A person 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....
...State,
151 Fla. 778,
10 So.2d 436, 438 (1942) (conceding that all common-law crimes require criminal intent, but approving legislative removal of the requirement, where required by public policy); State v. Walborn,
729 So.2d 504, 506 (Fla. 2d DCA 1999) (finding section
794.05 "reasonably related to the goal of protecting minors from sexual exploitation by adults and its age restriction . . . constitutional"). The present case differs importantly from B.B. v. State,
659 So.2d 256, 257, 260 (Fla.1995) (declaring an earlier version [*] of section
794.05(1) unconstitutional under Article I, Section 23 of the Florida Constitution, as applied to a sixteen-year-old whose "victim was also sixteen years of age"). See Victor v. State,
566 So.2d 354, 356 (Fla. 4th DCA 1990) (describing the purpose of section
794.05(1), Florida Statutes, as "protecting minors from sex acts imposed by adults")....
...State v. Raleigh,
686 So.2d 621, 623 (Fla. 5th DCA 1996) (discussing "just some of the obvious reasons why the legislature has determined this defense cannot apply in such cases"). Affirmed. PADOVANO and LEWIS, JJ., concur. NOTES [*] The version of section
794.05 at issue in B.B. provided: (1) Any person who has unlawful carnal intercourse with any unmarried person, of previous chaste character, who at the time of such intercourse is under the age of 18 years, shall be guilty of a felony of the second degree. . . . §
794.05(1), Fla. Stat. (1991). Section
794.05 was amended in 1996 so that only persons over the age of twenty-four, instead of "any person," could be guilty of violating the statute....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 17542, 2009 WL 4030817
...tion of familial or custodial authority, in violation of section
794.011(8)(b), Florida Statutes (2004) (count one); and unlawful activity by a person twenty-four years of age or older with a person sixteen or seventeen years of age, in violation of section
794.05, Florida Statutes (2004) (count two)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2000 WL 266331
...enying a motion to dismiss. We conclude we do have jurisdiction, that the motion to dismiss was properly denied, and that the probation order should be affirmed. Sammie O'Neal Griffin moved to dismiss the information charging him with a violation of section 794.05(1), Florida Statutes (1997)....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2006 WL 1459808
...Charles J. Crist, Jr., Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. After being convicted at trial of two counts of unlawful sexual activity with a minor, in violation of section 794.05(1), Florida Statutes (2004), Anthony Utu appeals, contending that the trial court erred in denying his motion to suppress his statement to police....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1991 WL 188311
...On three different occasions the defendant had carnal intercourse with one 14-year-old unmarried female. On each occasion he also digitally penetrated the victim. He was convicted of three counts of carnal intercourse with an unmarried person under 18 years, a violation of section
794.05(1), Florida Statutes, and three counts of lewd, lascivious, or indecent assault or act *484 upon a child, in violation of section
800.04(2), Florida Statutes....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1998 WL 336329
...Davenport, Assistant Attorney General, Tampa, for Appellant. Bob Dillinger, Public Defender, and Stephen L. Romine, Assistant Public Defender, Clearwater, for Appellee. CAMPBELL, Acting Chief Judge. Appellant, the State of Florida, challenges the trial court order finding section 794.05, Florida Statutes (Supp.1996), which is the successor statute to the "statutory rape" law, unconstitutional on privacy grounds. While we conclude that the order on appeal is well-reasoned and well-written, we are nevertheless of the opinion that the able trial judge arrived at the wrong conclusion. Accordingly, we must reverse. In reaching his conclusion that section 794.05 could not withstand the privacy challenge, the trial judge employed the test set forth in Winfield v....
...Division of Pari-Mutuel Wagering,
477 So.2d 544 (Fla.1985). Winfield holds that, in order to withstand a privacy challenge under article 1, section 23 of the Florida Constitution, the statute in question must sufficiently further a compelling State interest through the least intrusive means. Finding that section
794.05 failed this test, the court declared the statute unconstitutional and dismissed the two counts charging appellee, Lisa Marie Cunningham, with violating the statute. Appellee Cunningham had been charged by information with two counts of violating section
794.05, in that she, a person twenty-four years of age or older, had engaged in consensual sexual activity with a seventeen-year-old male. The record tells us nothing of the alleged circumstances surrounding the incident or of the relationship, if any, between appellee and the alleged victim. However, for the purpose of determining the sole issue before us, the constitutionality of section
794.05, that information is unnecessary. The pertinent parts of section
794.05, Florida Statutes (Supp.1996), provide as follows:
794.05 Unlawful sexual activity with certain minors....
...(2) The provisions of this section do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743. (3) The victim's prior sexual conduct is not a relevant issue in a prosecution under this section. In determining the constitutionality of section
794.05, we must first ask whether the statute sufficiently furthers a compelling State interest through the least intrusive means. See Winfield. In order to properly answer this question, we must examine not only the statute itself, but its legislative history, the larger statutory scheme in which it exists, and related case law. We observe first that the statute before us, section
794.05, Florida Statutes (Supp.1996), is the successor statute to section
794.05, Florida Statutes (1991). The supreme court's analysis of section
794.05, Florida Statutes (1991), in B.B. v. State,
659 So.2d 256 (Fla.1995), was clearly influential in the legislature's decision to change the statute's provisions and pass the statute in its current form. The previous version of section
794.05, Florida Statutes (1991), considered in B.B., was commonly known as the "statutory rape" law and provided as follows: (1) Any person who has unlawful carnal intercourse with any unmarried person, of previous chaste character, who at th...
...ourse with another sixteen-year-old minor. Not only the majority, but the concurring and dissenting opinions in B.B. all used language and applied reasoning that, while much of it appears to be dicta, obviously influenced the legislature in enacting section 794.05, Florida Statutes (Supp.1996)....
...y adjudicated delinquent. The B.B. court observed that, as applied to this sixteen-year-old charged with its violation, the statute had the unintended effect of operating as a sword, not a shield, against those it sought to protect. [1] When the new section 794.05 was enacted in 1996, it limited those who could be charged with violating it to only those individuals who were over twenty-four years old. Given this legislative background, we now examine the larger statutory scheme in which section 794.05 exists....
...§ 795.011(8). (5) The act defined as "sexual battery" without committing the offense of sexual battery committed by anyone upon *1223 any child under the age of 16, with or without that child's consent. It is apparent that, without the proscriptions of section 794.05, Florida Statutes (Supp.1996), sixteen- and seventeen-year-olds were the only minors unprotected from consensual sexual activity with adults. With the enactment in 1996 of section 794.05, sixteen-and seventeen-year-old minors are now protected as are all other minors from consensual sexual activity with adults twenty-four or older....
...Having distinguished between the State's interest in the adult-minor situation and in the minor-minor situation, we conclude that the State has failed to demonstrate in this minor-minor situation that the adjudication of B.B. as a delinquent through the application of section
794.05 is the least intrusive means of furthering what we have determined to be the State's compelling interest. . . . . We agree with the opinion of the Fourth District Court of Appeal in Victor v. State,
566 So.2d 354 (Fla. 4th DCA 1990), that the purpose of section
794.05(1), Florida Statutes, is "to protect minors from sex acts imposed by adults." Victor, 566 at 356. Here, though, section
794.05 is not being applied in furtherance of the purpose delineated by the district court in Victor. Section
794.05 is not being utilized as a shield to protect a minor, but rather, it is being used as a weapon to adjudicate a minor delinquent. Thus, we do not hold that section
794.05 is facially unconstitutional but only that it is unconstitutional as applied to this 16-year-old as a basis for a delinquency proceeding....
...armful sexual conduct `for reasons of health and quality of life.'" J.A.S. v. State,
705 So.2d 1381, 1386 (Fla.1998) (quoting B.B.,
659 So.2d at 259). This language and reasoning, and that set forth in Jones and B.B. above, leads us to conclude that section
794.05, Florida Statutes *1225 (Supp.1996), unlike its predecessor, overcomes the privacy challenge and is, accordingly, constitutional....
...That is, what if any efforts were made to require some proof of exploitation if this is truly the statutory purpose? The legislature has enacted statutes which specifically define and proscribe exploitation. See F.S. 825.013 Exploitation of an elderly person or disabled adult. F.S. 794.05 does not mention exploitation....
...ation is not perfect. See In re Estate of Greenberg,
390 So.2d 40 (Fla.1980); see also Newman v. Carson,
280 So.2d 426 (Fla.1973). We conclude that the State has satisfied its burden to justify the intrusion of privacy implicated by the enactment of section
794.05, Florida Statutes (Supp.1996)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...Gen., Tallahassee, and Stephen R. Koons, Asst. Atty. Gen., West Palm Beach, for appellee. CROSS, Judge. Appellant-defendant, Robert Paul Griffin, appeals a judgment of conviction and imposition of sentence for the offense of statutory rape, in violation of Section 794.05, Florida Statutes 1973. Various issues are raised by the defendant on appeal, but one is dispositive. Did the trial court err *588 in adjudging the defendant guilty of statutory rape under Section 794.05, Florida Statutes 1973, when the information charged the defendant with common law rape in violation of Section 794.01, Florida Statutes 1973....
...Rule 3.510 Fla.RCrP 1973; and Brown v. State,
206 So.2d 377 (Fla. 1968). A necessarily included offense is one which is of necessity proved by proof of another offense. Brown v. State, supra. The state concedes, and we agree that the offense of statutory rape as proscribed by Section
794.05, Florida Statutes 1973, is not necessarily included within the offense of common law rape proscribed by Section 794.01(2), Florida Statutes 1973....
...of statutory rape, to-wit, the person with whom the carnal intercourse was had was unmarried at the time thereof, is absent. For this reason, we conclude that the trial court erred in adjudging the defendant guilty of statutory rape in violation of Section 794.05, Florida Statutes 1973, under the averments of the aforesaid information....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1996 WL 660937
...e legislature's efforts and authority to protect minors from conduct of others." Id. at 1087. Raleigh distinguishes Jones on the basis that the Jones defendants were adults, whereas the defendant in B.B. was a minor. The statute at issue in B.B. was section 794.05, Florida Statutes, which prohibits carnal intercourse with unmarried persons under age eighteen of previously chaste character....
...sexual activity before their minds and bodies have sufficiently matured to make it appropriate, safe and healthy for them ... and that this interest pertains to one minor engaging in carnal intercourse with another...." [3] The B.B. court held that section 794.05 did not further that compelling interest by the least intrusive means. The focus of the legislation at issue in this case is the protection of all minors in clear, neutral, logical terms. In B.B., the problem was the way section 794.05 was drawn; the B.B....
...WRIT GRANTED. HARRIS, J., concurs and concurs specially, with opinion. THOMPSON, J., dissents, with opinion. HARRIS, Judge, concurring specially: I agree with Judge Griffin that the fact that this case involves section
800.04, Florida Statutes, as opposed to section
794.05, Florida Statutes, brings it within the ambit of Jones v....
...State,
659 So.2d 256 (Fla.1995), relied on by Respondents, the supreme court focused on the privacy right of the minor defendant to have sex with another minor and held that the State lacked sufficient compelling interest to prosecute such minor under the provisions of section
794.05. It should be noted that the protected class in section
794.05 is "any unmarried person, of previous chaste character, who at the time of such intercourse is under the age of eighteen years of age ..." The defendant in B.B., assuming that he was of previous chaste character or that such condition...
...lder. THOMPSON, Judge, dissenting, Because I believe that B.B. v. State,
659 So.2d 256 (Fla.1995), controls, I would deny the petition for writ of certiorari. Further, I disagree with this court that "B.B. plainly is limited to its statutory target [section
794.05]." Since both B.B....
...ing the minor from the sexual activity itself for reasons of health and quality of life.... [W]e conclude that the State has failed to demonstrate in this minor-minor situation that the adjudication of B.B. as a delinquent through the application of section 794.05 is the least intrusive means of furthering what we have determined to be the State's compelling interest. (emphasis supplied.) 659 So.2d. at 259. This language creates tension if not conflict with the court's ruling in Jones. However, this reasoning cannot be limited to violations of section 794.05 because it was badly drafted or is archaic....
...964,
112 S.Ct. 1572,
118 L.Ed.2d 216 (1992)). By contrast, B.B. holds that in a minor-minor situation, prosecution is not the least intrusive means of furthering the state's compelling interest in protecting minors from sexual activity. If B.B. applies only to section
794.05, a minor escapes prosecution for having consensual sex with another minor, but is subject to prosecution under section
800.04 for the same activity....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 875
...3d DCA 1983), that chapter 794, Sexual Battery, Fla. Stat. (1983), did not prohibit and punish sexual intercourse with an unchaste consenting twelve year old girl because non-consent is essential under §
794.011(5) and previous chaste character is generally essential under §
794.05....
CopyCited 3 times | Published | Supreme Court of Florida | 1995 Fla. LEXIS 1063
Section 23 of the Florida Constitution, renders section
794.05, Florida Statutes (1991), unconstitutional
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 10569, 2010 WL 2882466
...iscretion to exclude irrelevant portions of a recorded statement. Layman v. State,
728 So.2d 814, 816 (Fla. 5th DCA 1999). "Self-serving statements are not admissible under section
90.803(18)," see Lott v. State,
695 So.2d 1239, 1243 (Fla.1997), and section
794.05(3) states that "[t]he victim's prior sexual conduct is not a relevant issue in a prosecution under this section." In this case, there was no violation of the rule of completeness because the trial court merely excluded irrelevant porti...
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 14499, 2009 WL 3103856
...Appellant also claimed Tummond's misstatement that the age for consent was 16 in Florida was meant to cause appellant to think his actions were legal and, thus, to believe confessing to them could not lead to his arrest or prosecution. The age for consent is 16, but only when the perpetrator is not older than 23. See § 794.05, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1994 WL 169438
...Gen., Tallahassee, and Ron Napolitano, Asst. Atty. Gen., Tampa, for appellant. Robert E. Jagger, Public Defender, and Stephen L. Romine, Asst. Public Defender, Clearwater, for appellee. PATTERSON, Judge. The state challenges the trial court's order which declares section 794.05, Florida Statutes (1991), unconstitutional and which dismisses the petition against the appellee. Section 794.05 prohibits any person from having unlawful carnal intercourse with an unmarried person, of previous chaste character, who is under eighteen years old....
...The state argues that minors do not have the right to engage in consensual sexual intercourse under Florida's privacy amendment, article I, section 23 of the Florida Constitution. We agree and reverse. The trial court relied on In re T.W.,
551 So.2d 1186 (Fla. 1989), in finding section
794.05 unconstitutional....
...In In re T.W., the court held that the privacy amendment extends to pregnant minors who have chosen to get an abortion. The issue of whether minors have a right to consent to have sexual intercourse under the privacy amendment has not been addressed by the courts of this state in the context of section 794.05....
...1993). We reverse the final order based on the reasoning in Jones and certify the following *937 question to the supreme court as one of great public importance: Does Florida's privacy amendment, article I, section 23 of the Florida Constitution, render section 794.05, Florida Statutes (1991), unconstitutional as it pertains to a minor's consensual sexual activity? FRANK, C.J., and FULMER, J., concur....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2007 WL 675470
...[3] The State has never contended that this contact between Hawker and J.D. after he turned sixteen was a criminal offense and has referred to it as a legal and consensual relationship. However, it does not appear that this conclusion is totally accurate under Florida law. Florida Statutes section 794.05 criminalizes, as unlawful sexual activity, "oral, anal, or vaginal penetration by, or union with, the sexual organ of another" where the perpetrator is twenty-four years of age or older and the victim is sixteen or seventeen years of age. § 794.05(1), Fla....
...even after he turned sixteen and while he was seventeen would be unlawful under this section (although the relationship between Hawker and J.D. from the time J.D. was eighteen until he was twenty would not be unlawful and could be referred to as consensual). Section 794.05(2) creates an exception in cases where the disability of nonage has been removed, and it is not known from the record before us whether this was true of J.D. Additionally, section 794.05 was amended in 1996 during the timeline of events in this case, but it does not appear that this amendment has any impact under the facts of this case, as J.D....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2008 WL 2572646
...As far as the record reveals, Jaquinta knowingly and voluntarily consented to the relationship with Denea. See §
794.011(1)(a), Fla. Stat. (2007). Jaquinta's age did not preclude her legally consenting to a sexual relationship with an 18-year-old. Neither sections
794.05 nor
800.04, Florida Statutes (2007), apply in the present case....
...6 or 17-year-old has the right to consent, that they don't have the ability to consent. They don't have the ability to consent." The Legislature has distinguished between 16- and 17-year-olds, on the one hand, and younger children, on the other. See § 794.05(1), Fla....
...ctivity with a person 16 or 17 years of age commits a felony of the second degree. . . ."). See also §
800.04, Fla. Stat. (2007) ("Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age."). The version of section
794.05 at issue in B.B....
...ld lovers), provided: "Any person who has unlawful carnal intercourse with any unmarried person, of previous chaste character, who at the time of such intercourse is under the age of 18 years, shall be guilty of a felony of the second degree. . . ." § 794.05(1), Fla. Stat. (1991). Section 794.05 was amended in 1996 so that only persons over the age of twenty-four, instead of "any person," could be guilty of violating the statute....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1997 WL 1679
...In order to solve the dilemma, the court found that the 16 year olds' rights of privacy were "implicated," thus invoking the "stringent test" enunciated in Winfield v. Division of Pari-Mutuel Wagering,
477 So.2d 544 (Fla.1985): the state had to prove that the statute involved in that case, section
794.05, Florida Statutes (1991), furthered a compelling state interest through the least intrusive means....
CopyCited 2 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 67, 1998 Fla. LEXIS 85
upon review of a certified question,6 we found section
794.05, Florida Statutes (1991),7 unconstitutional
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1996 WL 726847
...minors. Appellee relies on B.B. v. State,
659 So.2d 256, 257 (Fla.1995), for this assertion, and the trial court cited B.B. in its order dismissing two of the three counts of the delinquency petition. The supreme court in B.B. v. State [1] held that section
794.05, Florida Statutes, which prohibits "unlawful carnal intercourse with any unmarried person, of previous chaste character, who at the time of such intercourse is under the age of 18 years," is unconstitutional under Article I, Section 23 of the Florida Constitution as applied to a minor....
...Having distinguished between the State's interest in the adult-minor situation and in the minor-minor situation, we conclude that the State has failed to demonstrate in this minor-minor situation that the adjudication of B.B. as a delinquent through the application of section 794.05 is the least intrusive means of furthering what we have determined to be the State's compelling interest....
...Whoever violates this subsection is guilty of a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. As stated above, the State's compelling interest in a minor-minor situation in regard to the statute in B.B., section
794.05, is "protecting the minor from the sexual activity itself for reasons of health and quality of life." Assuming that a minor's privacy interests are implicated in the instant case, we recognize that the state's compelling interest in section
827.071 is different....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1996 WL 724125
...[2] The relationship of uncle-in-law and niece-in-law is clearly not alone sufficient to demonstrate a section
794.011(8), Florida Statutes (1995) "authority" or to implicate the incest statute, section
826.04, Florida Statutes (1995) (requiring relationship of "uncle" and "niece"). Hull was not charged with a violation of section
794.05, which forbids intercourse with an unmarried person under eighteen of "previous chaste character."
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1997 WL 194744
...f 16 in violation of *1205 section
800.04(1), Florida Statutes (1995). In September, 1995, a violation of probation was filed charging Martin with violating his probation by having carnal intercourse with a person under the age of 18 in violation of section
794.05, Florida Statutes (1995), and interfering with custody of a child contrary to section
787.03, Florida Statutes (1995)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2008 WL 1968313
...However, as the state correctly concedes, appellant's conviction for attempted unlawful sexual activity with a person 16 or 17 years of age must be vacated because the allegations of the information fail to allege facts that would constitute "sexual activity" as defined in section 794.05(1)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 8506, 2009 WL 1856045
...In the present case, the trial judge found neither temporal proximity nor any pattern of criminal activity: The conduct to which Mr. Shores admitted at the revocation hearing cannot be deemed a crime. Sexual activity with a 17-year-old, by a person 24 years of age or older, was a second-degree felony. See § 794.05(1), Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 338, 1995 Fla. LEXIS 1139, 1995 WL 410690
comply with the legislative intent expressed in section
794.005, Florida Statutes (Supp.1992). See also State
CopyCited 1 times | Published | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 26
prove that the statute involved in that case, section
794.05, Florida Statutes (1991), furthered a compelling
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 360, 2009 WL 188047
...We affirm without comment the postconviction court's denial of claim one, but we reverse the postconviction court's denial of claim two and remand for further proceedings. Mr. Rivera pleaded nolo contendere to unlawful sexual activity with a minor, a violation of section 794.05(1), Florida Statutes (2002)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2008 WL 3539517
...with an 18-year-old caregiver where that caregiver had not graduated high school, had no first aid training, and lacked formal child care training. The trial court's order was not supported by competent substantial evidence. REVERSED. MONACO and COHEN, JJ., concur. NOTES [1] See § 794.05(1), Fla....
CopyCited 1 times | Published | District Court of Appeal of Florida
sexual activity with a minor in violation of section
794.05(1), Florida Statutes. We write to address the
CopyPublished | District Court of Appeal of Florida
*38person be under the age of eighteen years. See section
794.05, Florida Statutes, F.S.A.; State v. Bowden
CopyPublished | Supreme Court of Florida
92-135, § 2, at 1089, Laws of Fla. (codified at §
794.005, Fla. Stat.). Since these amendments,
CopyPublished | Court of Appeals for the Eleventh Circuit
Federal financial assistance . . . .” 29 U.S.C. § 794. 5 In order to recover under the Rehabilitation Act
CopyPublished | Supreme Court of Florida
UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS §
794.05, Fla. Stat. To prove the crime of Sexual
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 16914
defendant was 24 years of age or older, contrary to Section
794.05, Florida Statutes.” During Appellant’s trial
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 4315
challenges the trial court’s order which declares section
794.05, Florida Statutes (1991), unconstitutional
CopyPublished | District Court of Appeal of Florida | 1967 Fla. App. LEXIS 4873
the subject criminal provision as set out in Section
794.05. Four basic elements form the proof of this
CopyPublished | Court of Appeals for the Eleventh Circuit
at Babcock’s residence. See, e.g., Fla. Stat. §
794.05(1) (“Unlawful sexual activity with certain minors”);
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Nov 9, 2023
Right of Privacy Under Florida Statutes §
794.05, 26 Stetson L. Rev. 407, 408, 417, 422
CopyPublished | District Court of Appeal of Florida | 1965 Fla. App. LEXIS 4342
substantially charges a violation of the law, F.S. Section
794.05, F.S.A., that the Justice of the Peace Ruth
CopyPublished | District Court of Appeal of Florida
in sexual activity with a sixteen year old. See §
794.05(1), Fla. Stat. (2015).
CopyPublished | Florida 2nd District Court of Appeal | 1994 WL 278155
...1989), the victim had a right to privacy and this right would extend to the right to have consensual sexual intercourse. We previously reviewed this issue in Schofield v. State,
621 So.2d 573 (Fla. 2d DCA 1993), and also certified this issue in the context of section
794.05, Florida Statutes (1991), which prohibits carnal intercourse with a person under eighteen years, in State v....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1657, 1987 Fla. App. LEXIS 9149
defendant was charged with and convicted of section
794.05, Florida Statutes (1985) (carnal intercourse
CopyPublished | Florida 4th District Court of Appeal
5 activity with a minor in violation of section
794.05(1), Florida Statutes (2019). In 2020, “sexual
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1790, 1987 Fla. App. LEXIS 9431
the proscription against “statutory rape,” §
794.05. §
794.05 Carnal intercourse with unmarried person
CopyPublished | District Court of Appeal of Florida
age” by “[a] person 24 years of age or older.” §
794.05(1), Fla. Stat. (2013). We affirmed his conviction
CopyPublished | Court of Appeals for the Eleventh Circuit | 2014 WL 19856
crime of violence. See Fla. Stat. §
794.005 (“[I]t was never intended that the sexual battery
CopyPublished | Florida 2nd District Court of Appeal
with one count of unlawful sexual activity. See §
794.05(1), Fla. Stat. (2014). The information alleged
CopyPublished | District Court, N.D. Florida | 2006 U.S. Dist. LEXIS 65293, 2006 WL 2528765
...ears of age or older but less than 16 years of age" commits a felony of the second degree. §
800.04(4)(a). A person "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." §
794.05(1)....
CopyPublished | Florida 1st District Court of Appeal | 1996 Fla. App. LEXIS 13159
The supreme court in B.B. v. State1 held that section
794.05, Florida Statutes, which prohibits “unlawful
CopyPublished | Florida 1st District Court of Appeal
unlawful sexual activity with a minor under section
794.05, Florida Statutes, and the unlawful use of
CopyPublished | Florida 2nd District Court of Appeal | 2014 WL 4086814, 2014 Fla. App. LEXIS 12788
...minor count.1 Tulier maintains that his offering the victim $400 in exchange for oral sex
was not sufficient to amount to an act toward the commission of sexual activity with a
minor but rather merely amounts to solicitation. We agree.
Section 794.05(1), Florida Statutes (2011), provides as follows:
A person [twenty-four] years of age or older who
engages in sexual activity with a person [sixteen] or
[seventeen] years of age commits a felony of the
second degree ....
CopyPublished | District Court of Appeal of Florida
activity with certain minors in violation of section
794.05(1), and one count of lewd or lascivious molestation
CopyPublished | District Court of Appeal of Florida | 1999 WL 595020
a person 16 or 17 years of age, contrary to section
794.05, Florida Statutes (1997), and was convicted
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 221, 2015 Fla. LEXIS 927, 2015 WL 1932145
...credibility of [(witness's)] [(defendant's)] testimony and not for any other
purpose.
Comment
This instruction was adopted in July 1995.
11.7 UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS
§ 794.05, Fla._Stat.
To prove the crime of Sexual Activity with a Minor, the State must prove
the following three elements beyond a reasonable doubt:
Give 1a and/or 1b depending on the allegations and the evidence.
1....
...he [(victim)][(defendant)].]
-5-
Give if applicable.
Lakey v. State,
113 So. 3d 90 (Fla. 5th DCA 2013).
The definition of “an object” includes a finger.
Give if applicable.
§
794.05(1), Fla. Stat.
Sexual activity does not include an act done for a bona fide medical
purpose.
Give if requested. §
794.05(3), Fla....
...“Student” means a person younger than 18 years of age who is enrolled
at a school.
-6-
Lesser Included Offenses
UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS —
794.05
CATEGORY ONE CATEGORY TWO FLA....
...NO.
None
Attempt
777.04(1) 5.1
Comments
This instruction was adopted in 1998 [
723 So. 2d 123] and amended in 2015.
If removal of the disabilities of nonage is raised as an issue pursuant to
§
794.05(2), Fla._Stat., the jury should be instructed with respect to §
743.01
et seq.
11.10(a) LEWD OR LASCIVIOUS BATTERY
(ENGAGING IN SEXUAL ACTIVITY)
§
800.04(4)(a)1, Fla....
CopyPublished | District Court of Appeal of Florida
Petitioner’s offense, unlawful sexual activity under section
794.05, Florida Statutes, is not a listed offense
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5878
Hi A separate section of the same chapter, Section
794.05, defines what is commonly referred to as “statutory
