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Sexual Battery in Florida §

794.011
Understanding Sexual Battery
in Florida – § 794.011

What is § 794.011 Sexual Battery in

Florida?
Sexual battery is a serious offense under Florida law,
defined and penalized by Florida Statutes § 794.011. This
statute outlines various aspects of sexual battery,
including definitions, circumstances, and penalties. It is
crucial to understand these elements to grasp why sexual
battery is considered a grave crime and the implications it
has for offenders and victims.

Definition of Sexual Battery § 794.011

“Sexual battery” means oral, anal, or female
genital penetration by, or union with, the
sexual organ of another or the anal or female
genital penetration of another by any other
object; however, sexual battery does not
include an act done for a bona fide medical
purpose.
Florida Statutes § 794.011(1)(j)

General Components of Sexual Battery

§ 794.011
To convict a person of sexual battery in Florida, the
prosecution must generally prove the following elements
beyond a reasonable doubt:

1. Unlawful Sexual Activity: The accused engaged in

oral, anal, or vaginal penetration, or union with the
sexual organ of another person, or the anal or
vaginal penetration of another by any object.
2. Without Consent: The act was committed without
the victim’s consent. Consent is not valid if it is
obtained through coercion, force, or incapacitation.
3. Age of the Victim and Perpetrator: The specific
age of the victim and the perpetrator can influence
the degree of the offense and the penalties
involved. For instance, the charges and penalties
can be more severe if the victim is a minor.

Key Definitions for § 794.011

Consent: According to Florida law, consent means
intelligent, knowing, and voluntary consent and
does not include coerced submission. A person who
is asleep, unconscious, or physically helpless due to
intoxication or any other reason cannot give
consent.
Mentally Defective: A mental condition rendering a
person incapable of understanding their conduct.
Physically Helpless: Being unconscious, asleep,
or unable to communicate unwillingness.
Victim: The person who is the subject of the sexual
battery.
Perpetrator: The person accused of committing the
sexual battery.

Penalties for Sexual Battery § 794.011

The penalties for sexual battery vary based on the
circumstances and the ages of the offender and victim:

Capital Felony: For offenders 18 or older

committing sexual battery on a person under 12,
punishable by life imprisonment or death.
Life Felony: For offenders under 18 committing
sexual battery on a person under 12, or for
committing sexual battery with a deadly weapon or
causing serious injury to a person 12 or older.
First-Degree Felony: Sexual battery on a person
12 or older under specific coercive circumstances.
Second-Degree Felony: Sexual battery on a
person 12 or older without coercive circumstances
and without serious physical injury.

Why Sexual Battery § 794.011 is a

Serious Offense

Sexual battery is considered a serious offense due to its

profound physical and psychological impact on victims. It
violates a person’s autonomy and can lead to long-term
trauma, including PTSD, depression, and anxiety. The
law aims to protect individuals, especially vulnerable
populations like minors, from such devastating harm.

Consider these statistics to understand the gravity of the

issue:

Sexual battery has a high incidence among young

victims, with 44% of rapes reported in the U.S.
involving victims under 18 years old.
Only 25% of rapes are reported to the police,
indicating a significant number of cases go
unreported.
The average yearly repeat offense rate for sex
crimes in Florida was 6.5%, highlighting the need
for strict legal measures.

How a Florida Sex Crime Defense

Lawyer Can Help
Facing charges of sexual battery can be overwhelming. A
skilled defense lawyer plays a crucial role in navigating
the complex legal system. They can:

Evaluate the evidence: Defense lawyers critically

assess the evidence to identify weaknesses in the
prosecution’s case.
Ensure fair treatment: They protect the defendant’s
rights and ensure they receive a fair trial.
Negotiate plea deals: In some cases, a lawyer can
negotiate a plea deal to reduce the charges or
sentencing.

Hiring a Florida Sex Crime Criminal

Defense Lawyer
Sexual battery is a severe crime with significant legal
consequences under Florida Statutes § 794.011.
Understanding the definitions, penalties, and the role of a
defense lawyer can help individuals comprehend the
gravity of such offenses and the importance of legal
representation. For more detailed information, refer to the
statute’s full text here.

Sexual battery is a serious offense in Florida with severe

penalties that vary based on the specifics of the crime.
The elements necessary for conviction include proving
unlawful sexual activity without the consent of the victim,
and the nature of the offense can escalate based on the
ages involved and the presence of aggravating factors.
The maximum punishments range from significant prison
terms to life imprisonment or even the death penalty in
the most severe cases.

Sexual Battery in Florida: Elements

and Maximum Punishments
In Florida, sexual battery is defined under Florida Statute
§ 794.011. Sexual battery is generally described as non-
consensual oral, anal, or vaginal penetration by, or union
with, the sexual organ of another person, or the anal or
vaginal penetration of another by any other object.

Maximum Punishments f0r Sexual

Battery in Florida § 794.011:
The punishment for sexual battery varies depending on
several factors, including the age of the victim and the
perpetrator, and the use of violence or threats. Here are
some examples:

1. Sexual Battery without

Special Circumstances:
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Second-Degree Felony: Punishable by up to 15

years in prison and a $10,000 fine.

2. Sexual Battery on a Victim

Under 12 Years of Age:
Capital Felony: Punishable by life imprisonment
without the possibility of parole or the death penalty.

3. Sexual Battery by a
Perpetrator 18 or Older on a
Victim 12 to 17 Years of Age:
First-Degree Felony: Punishable by up to 30 years
in prison and a $10,000 fine.

4. Sexual Battery with Use of

Deadly Weapon or Serious
Physical Force:
Life Felony: Punishable by life imprisonment.

5. Sexual Battery on a Person

12 or Older with Special
Circumstances (e.g.,
physically incapacitated or
threatened with retaliation):
First-Degree Felony: Punishable by up to 30 years
in prison and a $10,000 fine.
Below is a Break Down of the Punishments by Code

Section 794.011 (2)(b)

If an individual under 18 commits sexual battery on a
person under 12, they are guilty of a capital felony, with
the following penalties:

775.082: Capital offenses are punishable by death

or life imprisonment without parole. If the offender is
under 18, and life imprisonment is deemed
inappropriate, the sentence must be at least 40
years.
775.083: Fines for life felonies shall not exceed
$15,000.
775.084: Courts may impose extended
imprisonment for habitual violent felony offenders,
defined as those convicted of multiple felony crimes
within a specific timeframe.

Section 794.011 (3)

An individual aged 18 or older who commits sexual
battery using physical force or deadly weapons on a
person aged 12 or older without consent is guilty of a life
felony, punishable as follows:

775.082 (3): A life felony committed on or after July

1, 1995, is punishable by life imprisonment or a
term not exceeding life.
775.083 (1)(a): Fines for a life felony may not
exceed $15,000.
775.084 (4)(a): Habitual offenders may face life
imprisonment for life felonies or first-degree
felonies.
794.0115 (2)(e): Dangerous sexual felony offenders
must be sentenced to a mandatory minimum term of
25 or 50 years imprisonment.

Section 794.011 (4)(a)

An individual aged 18 or older who commits sexual
battery on a person aged 12 to 18 without consent is
guilty of a first-degree felony, with the following penalties:

775.082 (6)(b)(1): For a first-degree felony,

imprisonment may not exceed 30 years or life.
775.083: Fines for a first-degree felony shall not
exceed $10,000.
775.084: Mandatory minimum imprisonment applies
to habitual violent felony offenders.
794.0115: Under the Dangerous Sexual Felony
Offender Act, sexual assault felonies carry a
mandatory minimum of 15 years, or 50 years if
committed after October 1, 2014, with possible
extension to life imprisonment.

Section 794.011 (4)(b)

An individual aged 18 or older who commits sexual
battery on another person aged 18 or older without
consent is guilty of a first-degree felony, punishable under
sections 775.082, 775.083, 775.084, and 794.0115.

Section 794.011 (4)(c)

An individual aged 18 or older who commits sexual
battery on a person aged 12 or older without consent is
guilty of a first-degree felony and is subject to the
penalties outlined in sections 775.082, 775.083, 775.084,
and 794.0115.

Elements of Florida Sexual Battery

when the Victim is Less Than 12 Years
of Age

§ 794.011(2)(a) and (2)(b), Fla.

Stat.
To prove the crime of Sexual Battery upon a
Person Less Than 12 Years of Age, the State
must prove the following three elements
beyond a reasonable doubt: Give as
applicable.

1(a). (Defendant) committed an act [upon]

[with] (victim) in which the sexual organ of the
[(defendant)] [(victim)] penetrated or had union
with the [anus] [female genitals] [mouth] of the
[(victim)] [(defendant)].

or

1(b). (Defendant) committed an act [upon]

[with] (victim) in which the [anus] [female
genitals] of [(victim)] [(defendant)] [was] [were]
penetrated by an object.

or

1(c). (Defendant) injured the sexual organ of

(victim) in an attempt to commit an act [upon]
[with] (victim) in which the sexual organ of the
[(defendant)] [(victim)] would have penetrated
or would have had union with the [anus]
[female genitals] [mouth] of the [(victim)]
[(defendant)].

or

1(d). (Defendant) injured the sexual organ of

(victim) in an attempt to commit an act upon
(victim) in which the [anus] [female genitals] of
(victim) would be penetrated by an object.

2. At the time, (victim) was less than 12 years

of age.

Give 3a or 3b as applicable.

3(a). At the time, (defendant) was 18 years of

age or older.

or

3(b). At the time, (defendant) was less than 18

years of age FLORIDA STANDARD JURY
INSTRUCTIONS IN CRIMINAL CASES

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