Arrestable Offenses / Crimes under Fla. Stat. 826.04
CopyCited 71 times | Published | Supreme Court of Florida | 2001 WL 776269
...[8] See In re Rules of Criminal Procedure (Sentencing Guidelines),
439 So.2d 848, 849 (Fla.1983). The sentencing guidelines adopted by this Court created nine categories of offenses. See id. Relevant for this case, Category 2 encompassed sexual offenses contained in chapters 794 and 800 and section
826.04....
...al injury apart from such contact or penetration. See ch. 92-135, §§ 1, 4, Laws of Fla. The statute read as follows: For purposes of the statewide sentencing guidelines, if the conviction is for an offense described in chapter 794, chapter 800, or s. 826.04 and such offense includes sexual penetration, the sexual penetration must receive the score indicated for penetration or slight injury, regardless of whether there is evidence of any physical injury. If the conviction is for an offense described in chapter 794, chapter 800, or s. 826.04 and such an offense does not include sexual penetration, the sexual contact must receive the score indicated for contact but no penetration, regardless of whether there is evidence of any physical injury. § 921.001(8), Fla. Stat. (Supp.1992) (emphasis supplied). Thus, once again, chapters 794 and 800 and section 826.04 were referenced and included crimes other than sexual battery....
...age of eighteen (section
794.05). Chapter 800 covered "unnatural and lascivious act" (section
800.02), exposure of sexual organ (section
800.03), and "lewd, lascivious, or indecent assault or act upon or in the presence of a child" (section
800.04). Section
826.04 covered incest....
CopyCited 51 times | Published | Supreme Court of Florida
...Offense Categories Offenses have been grouped into nine (9) offense categories encompassing the following statutes: *850 Category 1: Murder, manslaughter: Chapter 782 (except subsection
782.04(1)(a)) and subsection 316.1931(2) Category 2: Sexual offenses: Chapters 794 and 800 and section
826.04 Category 3: Robbery: Section
812.13 Category 4: Violent personal crimes: Chapters 784 and 836 and section
843.01 Category 5: Burglary: Chapter 810 and subsection
806.13(3) Category 6: Thefts, forgery, fraud: Chapters 322, 409, 443, 509...
...| |-----------|---------------------------------| | 346-381 | 30 | | | (27-40) | |-----------|---------------------------------| | 382+ | Life | --------------------------------------------- (b) Category 2: Sexual offenses: Chapters 794 and 800 and section 826.04 I....
CopyCited 28 times | Published | Supreme Court of Florida
...[4] At the time of Huckaby's indictment the applicable statutes were Section 794.01(1), Fla. Stat. (1973), as to rape, and Section 741.22, Fla. Stat. (1973), as to incest. This latter statute was repealed by § 66, Ch. 74-383, Laws of Florida, but now appears in altered form as Section 826.04, Fla....
CopyCited 19 times | Published | Supreme Court of Florida | 13 Fla. L. Weekly 283, 1988 Fla. LEXIS 678, 1988 WL 35623
...Offense Categories Offenses have been grouped into nine (9) offense categories encompassing the following statutes: Category 1: Murder, manslaughter: Chapter 782 [except subsection
782.04(1)(a)], and subsection
316.193(3)(c) 3, and section 327.351(2) Category 2: Sexual offenses: Chapters 794 and 800 and section
826.04 Category 3: Robbery: Section
812.13 Category 4: Violent personal crimes: Chapters 784 and 836 and section
843.01 Category 5: Burglary: Chapter 810 and subsection
806.13(3) Category 6: Thefts, forgery, fraud: Chapters 322, 409, 443, 509...
CopyCited 9 times | Published | Supreme Court of Florida | 1992 WL 246494
...Offenses have been grouped into 9 offense categories encompassing the following statutes: Category 1: Murder, manslaughter: Chapter 782 (except subsection
782.04(1)(a)), subsection
316.193(3)(c)3, and subsection 327.351(2). Category 2: Sexual offenses: Chapters 794 and 800, section
826.04, and section
491.0112....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1998 WL 150468
...ither could be fairly equated to "physical injury" or "physical trauma." Shortly after Karchesky, the legislature enacted a statute which provided that for crimes of Chapter 794 (sexual battery), chapter 800 (lewdness, including statutory rape), and section 826.04 (incest), which involve sexual penetration, the points indicated for penetration or slight injury on the scoresheet shall be added, and that for such crimes which do not include sexual penetration but do include sexual contact, points must be added for "contact but no penetration." See § 921.001(8), Fla....
CopyCited 8 times | Published | Supreme Court of Florida | 2001 WL 776533
...NOTES [1] Rule 59G-4.150(4)(a)12 provided: Inpatient hospital care for induced abortions and related procedures shall be reimbursed only to save the life of the mother or, when the pregnancy is the result of rape (as defined in Section
794.011, F.S. (1993)) or incest (as defined in Section
826.04, F.S., (1993))....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1989 WL 6463
...Counts V and VI engaging in sexual activity with child 12 to 18 years old by person in familial or custodial authority (Section 794.041(2)(b), Florida Statutes (1985)). Count VII aggravated battery with deadly weapon (knife) (Section
784.045(1)(b), Florida Statutes (1985)). Count VIII incest (Section
826.04, Florida Statutes (1985))....
...We next address the question of whether the defendant's conviction and sentence for the crime of incest can stand together with the Count VI conviction and sentence for engaging in sexual activity by one in familial authority under Section 794.041. Section 826.04 provides: 826.04 Incest....
...egree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. "Sexual intercourse" is the penetration of the female sex organ by the male sex organ, however slight; emission of semen is not required. Comparison of the crimes under Sections
826.04 and 794.041(2)(b) clearly show that each offense requires proof of a fact that the other does not, and thus the Blockburger presumption applies....
...We therefore affirm the judgments as to all convictions but reverse the sentences and remand for resentencing under the correct guidelines scoresheet. JOANOS and WIGGINTON, JJ., concur. NOTES [1] Williams v. State,
110 So.2d 654 (Fla. 1959) (collateral crime/similar fact evidence). [2] The crime of incest under Section
826.04, Florida Statutes (1985) is limited to instances of vaginal intercourse....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 1879, 2009 WL 151096
...Vaughn, Inverness, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee. SAWAYA, J. The issue we address is whether a defendant may be convicted of the crime of incest as proscribed by section 826.04, Florida Statutes, when the victim was 18 years of age and was adopted by the defendant....
...The victim completed an abuse report that was promptly relayed to the police, and Beam was subsequently arrested. At trial, following the close of the State's case, Beam moved for judgment of acquittal. That motion was denied, and the jury returned its verdict finding Beam guilty of incest in violation of section 826.04....
...did have intercourse with the victim, he cannot be convicted of incest because the victim was 18 and not a blood relative. With those critical facts established and Beam's argument clearly stated, our analysis turns to interpreting the provisions of section 826.04, Florida Statutes (2006), which defines the crime of incest as follows: Whoever knowingly marries or has sexual intercourse with a person to whom he or she is related by lineal consanguinity, or a brother, sister, uncle, aunt, nephew,...
...843, 845 (1908) (explaining that the age, consent, or lack of consent of a party to incest does not negate the crime). As to the second part of Beam's argumentthat he cannot be convicted of incest *333 because he was not related to the victim by consanguinitywe believe that section 826.04 requires that both parties to the intercourse be related by consanguinity, whether lineal or collateral....
...More recently, the court in Hull v. State,
686 So.2d 676 (Fla. 3d DCA 1996), review denied,
695 So.2d 701 (Fla.1997), observed: "The relationship of uncle-in-law and niece-in-law is clearly not alone sufficient . . . to implicate the incest statute, section
826.04, Florida Statutes (1995) (requiring relationship of `uncle' and `niece')." Id....
...d "within degrees of consanguinity within which marriages are, by the laws of this state, declared void. . . ."). Therefore, section
741.21, Florida's current statute defining and prohibiting incestuous marriage, is relevant to our interpretation of section
826.04....
...lated by lineal consanguinity, nor his sister, nor his aunt, nor his niece. A woman may not marry any man to whom she is related by lineal consanguinity, nor her brother, nor her uncle, nor her nephew." From the plain language of sections
741.21 and
826.04, it is clear that the legal definition of incest is limited to persons who are related either by lineal consanguinity or collateral consanguinity....
...ity and by adoption, but did not do so."). [2] We conclude that Beam cannot be convicted of incest with the victim by virtue of his being her "uncle-in-law" because relations by affinity are not included within the purview of incest as proscribed in section 826.04....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2000 WL 423471
...NOTES [1] 59G-4.150(4)(a)12.: Inpatient hospital care for induced abortions and related procedures shall be reimbursed only to save the life of the mother or, when the pregnancy is the result of rape (as defined in Section
794.011, F.S. (1993)) or incest (as defined in Section
826.04, F.S., (1993))....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...(e.s.) Societal interests protected by the child abuse registry statute are of course quite different from those involved in criminal statutes. [1] However, since sexual intercourse *383 with a child is penalized by numerous Florida laws, including specific definition of incest to include such acts by an uncle, section 826.04, Florida Statutes, it is clear that, at least to the extent of compliance with those statutes, D.A.O....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1999 WL 12925
...We affirm the convictions and the sentences. Appellant raises one issue upon which we feel compelled to comment. Appellant was convicted of incest. The female victim and appellant had in common only the same father. Appellant asserts that the incest statute, section 826.04, Florida Statutes (1995), does not apply to half-siblings. We hold that it does apply to half-siblings, i.e. those persons who have in common only one parent. Section 826.04, Florida Statutes (1995), provides in pertinent part: "Whoever knowingly marries or has sexual intercourse with a person to whom he is related by lineal consanguinity, or brother, sister, uncle, aunt, nephew, or niece, commits incest, which constitutes a felony.......
...The obvious purpose of the incest statute is to address the evil of sexual intercourse between persons who are related to each other within specific degrees. A person's half-sister is as a close a relative as an aunt or niece, both of which fall under the protection of the incest statute. Therefore, an interpretation of section 826.04 which would permit sexual intercourse with a person's half-sister but which would prohibit sexual intercourse with that person's niece or aunt would be an absurd interpretation and contrary to the legislature's intent....
...clude others. See Kansas v. Craig, 254 Kan. 575, 867 P.2d 1013 (Kan. 1994); People v. Baker, 69 Cal.2d 44, 69 Cal.Rptr. 595, 442 P.2d 675 (1968); State v. Bartley, 304 Mo. 58, 263 S.W. 95 (1924). These cases are distinguishable from our case because section 826.04 does not mention any half-blood relatives....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1990 WL 202691
...Karasick, Bradenton, for appellant Trina Hendry. Robert A. Butterworth, Atty. Gen., Tallahassee, and David R. Gemmer, Tampa, for appellee. PER CURIAM. We affirm the trial court's denials of defendants' motions to dismiss the informations in which defendants were charged with incest under section 826.04, Florida Statutes (1987)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1996 WL 724125
...In fact, [the victim] resided at his house without her mother for only nine days before the alleged incident occurred. [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")....
CopyCited 1 times | Published | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 322, 2017 Fla. LEXIS 583
...guous phrase which must be given
its plain meaning in the absence of a definition in chapter 384.”
62 So. 3d at 694.
In order to ascertain the plain meaning of the term, the court relied on the
definition of “sexual intercourse” provided in section
826.04, Florida Statutes,
which prohibits incest. The incest statute defines “sexual intercourse” as “the
penetration of the female sex organ by the male sex organ . . . .” Id. (alteration in
original) (quoting §
826.04, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2011 WL 2279018
...Further, "[i]n the absence of a statutory definition, it is permissible to look to case law or related statutory provisions that define the term." Id. (citing State v. Fuchs,
769 So.2d 1006, 1009 (Fla.2000)). The only Florida statute that defines sexual intercourse is the incest statute, section
826.04, Florida Statutes (2008). It defines sexual intercourse as "the penetration of the female sex organ by the male sex organ. . . ." §
826.04....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 8462
...Further, “[i]n the absence of a statutory definition, it is permissible to look to case law or related statutory provisions that define the term.” Id. (citing State v. Fuchs,
769 So.2d 1006, 1009 (Fla.2000)). The only Florida statute that defines sexual intercourse is the incest statute, section
826.04, Florida Statutes (2008). It defines sexual intercourse as “the penetration of the female sex organ by the male sex organ.... ” §
826.04....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 9993, 2009 WL 2168849
...hree-and-one-half years, followed by one year of community control and fifteen years of probation, pursuant to a plea to reduced charges of three counts of attempted capital sexual battery, §
794.011(2), Fla. Stat. (2000), and two counts of incest, §
826.04, Fla....
CopyPublished | Supreme Court of Florida | 15 Fla. L. Weekly Supp. 458, 1990 Fla. LEXIS 1847, 1990 WL 130217
...(9) offense categories encompassing the following statutes: Category 1: Murder, manslaughter: Chapter 782 [except subsection
782.04(l)(a) ], and subsection
316.193(3)(c)3, and section 327.351(2) Category 2: Sexual offenses: Chapters 794 and 800 and section
826.04 Category 3: Robbery: Section
812.13 Category 4: Violent personal crimes: Chapters 784 and 836 and section
843.01 Category 5: Burglary: Chapter 810 and subsection
806.13(3) Category 6: Thefts, forgery, fraud: Chapters 322 and 409, secti...
CopyPublished | Florida 3rd District Court of Appeal | 2013 WL 5814005, 2013 Fla. App. LEXIS 17224
...Afonso,
4 So.3d 764, 768 (Fla. 3d DCA 2009) (citing and quoting Mangold with approval). In light of the foregoing we do not feel constrained to adopt, as did the Second District, the definition of “sexual intercourse” contained in other statutes, see §
826.04, Fla....
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
...the reporting of such sexual misconduct. 4. Section
775.30 , relating to terrorism. 5. Section
782.04 , relating to murder. 6. Section
787.01 , relating to kidnapping. 7. Any offense under chapter 800, relating to lewdness and indecent exposure. 8. Section
826.04 , relating to incest....
CopyPublished | Florida 3rd District Court of Appeal
...Finding that one of the claims merits consideration
and conditional relief, we grant in part and deny in part the petition.
In April 2013, Brown was charged with 12 counts of sexual battery without
serious injury (section
794.011(5)(a), Florida Statutes) and one count of incest
(section
826.04, Florida Statutes).1 In May 2015, the State filed an amended
information, containing three counts....
CopyPublished | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 725, 1991 Fla. LEXIS 1914, 1991 WL 236191
...Offenses have been grouped into offense categories encompassing the following statutes: Category 1: Murder, manslaughter: Chapter 782 (except subsection 782.-04(l)(a)), and subsection
316.193(3)(c)3, and section 327.351(2) Category 2: Sexual offenses: Chapters 794 and 800, section
826.04, and section
491.0112 Category 3: Robbery: Section
812.13 Category 4: Violent personal crimes: Chapters 784 and 836 and section
843.01 and subsection 381.411(4) Category 5: Burglary: Chapter 810, section
817.025, and subsection
806.13(...
CopyPublished | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 617, 1993 Fla. LEXIS 1928, 1993 WL 490876
...Offenses have been grouped into 9 offense categories encompassing the following statutes: Category 1: Murder, manslaughter: Chapter 782 (except subsection 782.-04(l)(a)), subsection
316.193(3)(c)(3), and subsection 327.351(2). Category 2: Sexual offenses: Section 775.22, Cchapters 794 and 800, section
826.04, and section
491.0112....
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 15044, 2000 WL 1716233
...re 3.850. We affirm in all respects except for Singletary’s claim that he was illegally sentenced to twenty years’ incarceration on his conviction for incest, a third-degree felony punishable by a maximum term of five years’ incarceration. See § 826.04, Fla....
CopyPublished | Supreme Court of Florida
...definition applies for a violation of §
825.1025, Fla. Stat.
This instruction was adopted in 2007 [
965 So. 2d 811] and amended in 2010
[
48 So. 3d 41], and 2015 [
163 So. 3d 478], and 2018.
11.12 INCEST
§
826.04, Fla._Stat.
To prove the crime of Incest, the State must prove the following three
elements beyond a reasonable doubt:
1....
...Definition.
“Sexual intercourse” is the penetration of the female sex organ by the
male sex organ. Emission of seed is not necessary.
Lesser Included Offenses
INCEST — 826.04
CATEGORY ONE CATEGORY TWO FLA....
CopyPublished | Supreme Court of Florida | 1984 Fla. LEXIS 2928
...Offense Categories Offenses have been grouped into nine (9) offense categories encompassing the following statutes: Category 1: Murder, manslaughter: Chapter 782 [except subsection 782.-04(l)(a) ] and subsection 316.1931(2) Category 2: Sexual offenses: Chapters 794 and 800 and section
826.04 Category 3: Robbery: Section
812.13 Category 4: Violent personal crimes: Chapters 784 and 836 and section 843.-01 Category 5: Burglary: Chapter 810 and subsection
806.13(3) Category 6: Thefts, forgery, fraud: Chapters 322, 409, 443, 50...
CopyPublished | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 198, 1991 Fla. LEXIS 411, 1991 WL 28402
...Offenses have been grouped into nine (9) offense categories encompassing the following statutes: Category 1: Murder, manslaughter: Chapter 782 [[except subsection
782.04(l)(a) ]), and subsection
316.193(3)(c)3, and section 327.351(2) Category 2: Sexual offenses: Chapters 794 and 800¿ and section
826.04, and section
491.0112 Category 3: Robbery: Section
812.13 Category 4: Violent personal crimes: Chapters 784 and 836 and section
843.01 and subsection 381.411(4) Category 5: Burglary: Chapter 810 and subsection
806.13(3) Category 6: The...
...pt section
812.13), 815, 817, 831, and 832 Category 7: Drugs: Chapter 893 Category 8: Weapons: Chapter 790 and section
944.40 Category 9: All other felony offenses [[Image here]] FORMS Rule 3.988(b) Category 2: Sexual Offenses Chapters 794 and 800¿ section
826.041 ....
CopyPublished | Supreme Court of Florida | 1989 Fla. LEXIS 1295, 1989 WL 65666
...Offenses have been grouped into nine (9) offense categories encompassing the following statutes: Category 1: Murder, manslaughter: Chapter 782 [except subsection 782.-04(l)(a)], and subsection
316.193(3)(c)3, and section 327.351(2) Category 2: Sexual offenses: Chapters 794 and 800 and section
826.04 Category 3: Robbery: Section
812.13 Category 4: Violent personal crimes: Chapters 784 and 836 and section
843.01 and subsection 381.411(4)....
CopyPublished | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 9615, 2009 WL 2031177
...Upon the recommendation of a statewide Sentencing Commission, created by the statute, the court divided all felony offenses into nine general categories. The category with which we are concerned in this case is entitled “Category 2, Sexual Offenses” and initially encompassed Chapters 794 and 800, and section 826.04 of the Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal | 2013 WL 645321
...Section
787.04, relating to removing minors from the state or concealing minors contrary to court order; b. Section
794.011, relating to sexual battery; c. Section
798.02, relating to lewd and lascivious behavior; d. Chapter 800, relating to lewdness and indecent exposure; e. Section
826.04, relating to incest; or f....
CopyPublished | Supreme Court of Florida | 11 Fla. L. Weekly 15, 1985 Fla. LEXIS 1427
...Offense Categories Offenses have been grouped into nine (9) offense categories encompassing the following statutes: Category 1: Murder, manslaughter: Chapter 782 [except subsection 782.-G4(l)(a) ], and subsection 316.1931(2), and section 327,351(2) Category 2: Sexual offenses: Chapters 794 and 800 and section
826.04 Category 3: Robbery: Section
812.13 Category 4: Violent personal crimes: Chapters 784 and 836 and section 843.-01 Category 5: Burglary: Chapter 810 and subsection
806.13(3) Category 6: Thefts, forgery, fraud: Chapters 322, 409, 443, 50...
CopyPublished | Florida 4th District Court of Appeal | 1990 Fla. App. LEXIS 6480, 1990 WL 125069
...-,
110 S.Ct. 1691 ,
109 L.Ed.2d 98 (1990). We agree with appellant that he was improperly sentenced under a category 2 scoresheet rather than a category 9 score-sheet. Category 2 covers only sexual offenses prosecuted under chapters 794 and 800 and section
826.04, Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal
CopyPublished | Florida 5th District Court of Appeal
CopyPublished | Supreme Court of Florida | 10 Fla. L. Weekly 226, 1985 Fla. LEXIS 3912
2: Sexual offenses: Chapters 794 and 800 and section
826.04 Category 3: Robbery: Section
812.13 Category
