Disclaimer Contents State List
The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
(1) As used in
this section, the term:
(a) "Structure"
means a building of any kind, either temporary or permanent, which has a roof
over it, together with the curtilage thereof.
(b) "Dwelling"
means a building or conveyance of any kind, either temporary or permanent,
mobile or immobile, which has a roof over it and is designed to be occupied by
people lodging together therein at night, together with the curtilage thereof.
(c) "Conveyance"
means any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or
sleeping car.
(2)(a) A person
over the age of 18 who, having been previously convicted of a violation of
chapter 794 or s. 800.04, or a violation of a similar law of another
jurisdiction, intentionally lures or entices, or attempts to lure or entice, a
child under the age of 12 into a structure, dwelling, or conveyance for other
than a lawful purpose commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(1) As used in this chapter:
(a) "Consent" means intelligent, knowing, and
voluntary consent and does not include coerced submission. "Consent"
shall not be deemed or construed to mean the failure by the alleged victim to
offer physical resistance to the offender.
(b) "Mentally defective" means a mental disease or
defect which renders a person temporarily or permanently incapable of
appraising the nature of his or her conduct.
(c) "Mentally incapacitated" means temporarily
incapable of appraising or controlling a person's own conduct due to the
influence of a narcotic, anesthetic, or intoxicating substance administered
without his or her consent or due to any other act committed upon that person
without his or her consent.
(d) "Offender" means a person accused of a sexual
offense in violation of a provision of this chapter.
(e) "Physically helpless" means unconscious,
asleep, or for any other reason physically unable to communicate unwillingness
to an act.
(f) "Retaliation" includes, but is not limited to,
threats of future physical punishment, kidnapping, false imprisonment or
forcible confinement, or extortion.
(g) "Serious personal injury" means great bodily
harm or pain, permanent disability, or permanent disfigurement.
(h) "Sexual battery" means oral, anal, or vaginal
penetration by, or union with, the sexual organ of another or the anal or
vaginal penetration of another by any other object; however, sexual battery
does not include an act done for a bona fide medical purpose.
(i) "Victim" means a person who has been the
object of a sexual offense.
(j) "Physically incapacitated" means bodily
impaired or handicapped and substantially limited in ability to resist or flee.
(2)(a) A person 18 years of age or older who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age commits a capital felony, punishable as provided in ss. 775.082 and 921.141.
(b) A person less than 18 years of age who
commits sexual battery upon, or in an attempt to commit sexual battery injures
the sexual organs of, a person less than 12 years of age commits a life felony,
punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
(3) A person who commits sexual battery upon a
person 12 years of age or older, without that person's consent, and in the
process thereof uses or threatens to use a deadly weapon or uses actual
physical force likely to cause serious personal injury commits a life felony,
punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
(4) A person who commits sexual battery upon a
person 12 years of age or older without that person's consent, under any of the
following circumstances, commits a felony of the first degree, punishable as
provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115:
(a) When the victim is physically helpless to
resist.
(b) When the offender coerces the victim to
submit by threatening to use force or violence likely to cause serious personal
injury on the victim, and the victim reasonably believes that the offender has
the present ability to execute the threat.
(c) When the offender coerces the victim to
submit by threatening to retaliate against the victim, or any other person, and
the victim reasonably believes that the offender has the ability to execute the
threat in the future.
(d) When the offender, without the prior
knowledge or consent of the victim, administers or has knowledge of someone
else administering to the victim any narcotic, anesthetic, or other
intoxicating substance which mentally or physically incapacitates the victim.
(e) When the victim is mentally defective and
the offender has reason to believe this or has actual knowledge of this fact.
(f) When the victim is physically incapacitated.
(g) When the offender is a law enforcement officer,
correctional officer, or correctional probation officer as defined by s.
943.10(1), (2), (3), (6), (7), (8), or (9), who is certified under the
provisions of s. 943.1395 or is an elected official exempt from such
certification by virtue of s. 943.253, or any other person in a position of
control or authority in a probation, community control, controlled release,
detention, custodial, or similar setting, and such officer, official, or person
is acting in such a manner as to lead the victim to reasonably believe that the
offender is in a position of control or authority as an agent or employee of
government.
(5) A person who commits sexual battery upon a person 12
years of age or older, without that person's consent, and in the process
thereof does not use physical force and violence likely to cause serious
personal injury commits a felony of the second degree, punishable as provided
in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
(6) The offense described in subsection (5) is included in
any sexual battery offense charged under subsection (3) or subsection (4).
(7) A person who is convicted of committing a sexual battery
on or after October 1, 1992, is not eligible for basic gain-time under s.
944.275. This subsection may be cited as the "Junny Rios-Martinez, Jr. Act
of 1992."
(8) Without regard to the willingness or consent of the
victim, which is not a defense to prosecution under this subsection, a person
who is in a position of familial or custodial authority to a person less than
18 years of age and who:
(a) Solicits that person to engage in any act which would
constitute sexual battery under paragraph (1)(h) commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Engages in any act with that person while the person is
12 years of age or older but less than 18 years of age which constitutes sexual
battery under paragraph (1)(h) commits a felony of the first degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) Engages in any act with that person while the person is
less than 12 years of age which constitutes sexual battery under paragraph
(1)(h), or in an attempt to commit sexual battery injures the sexual organs of
such person commits a capital or life felony, punishable pursuant to subsection
(2).
(9) For prosecution under paragraph (4)(g), acquiescence to
a person reasonably believed by the victim to be in a position of authority or
control does not constitute consent, and it is not a defense that the perpetrator
was not actually in a position of control or authority if the circumstances
were such as to lead the victim to reasonably believe that the person was in
such a position.
(10) Any person who falsely accuses any person listed in
paragraph (4)(g) or other person in a position of control or authority as an
agent or employee of government of violating paragraph (4)(g) is guilty of a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
(1) This section may be cited as the
"Dangerous Sexual Felony Offender Act."
(2) Any person who is convicted of a
violation of s. 787.025; s. 794.011(2), (3), (4), (5), or (8); s.
800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or (4); or s.
847.0145; or of any similar offense under a former designation, which offense
the person committed when he or she was 18 years of age or older, and the
person:
(a) Caused serious personal injury to the
victim as a result of the commission of the offense;
(b) Used or threatened to use a deadly
weapon during the commission of the offense;
(c) Victimized more than one person
during the course of the criminal episode applicable to the offense;
(d) Committed the offense while under the
jurisdiction of a court for a felony offense under the laws of this state, for
an offense that is a felony in another jurisdiction, or for an offense that
would be a felony if that offense were committed in this state; or
(e) Has previously been convicted of a
violation of s. 787.025; s. 794.011(2), (3), (4), (5), or (8); s.
800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or (4); s.
847.0145; of any offense under a former statutory designation which is similar
in elements to an offense described in this paragraph; or of any offense that
is a felony in another jurisdiction, or would be a felony if that offense were
committed in this state, and which is similar in elements to an offense
described in this paragraph,
is a dangerous sexual felony offender, who must be sentenced to a mandatory
minimum term of 25 years imprisonment up to, and including, life imprisonment.
(3) "Serious personal injury"
means great bodily harm or pain, permanent disability, or permanent
disfigurement.
(4) The offense described in subsection
(2) which is being charged must have been committed after the date of
commission of the last prior conviction for an offense that is a prior
conviction described in paragraph (2)(e).
(5) It is irrelevant that a factor listed
in subsection (2) is an element of an offense described in that subsection. It
is also irrelevant that such an offense was reclassified to a higher felony
degree under s. 794.023 or any other law.
(6) Notwithstanding s. 775.082(3),
chapter 958, any other law, or any interpretation or construction thereof, a
person subject to sentencing under this section must be sentenced to the
mandatory term of imprisonment provided under this section. If the mandatory
minimum term of imprisonment imposed under this section exceeds the maximum
sentence authorized under s. 775.082, s. 775.084, or chapter 921, the mandatory
minimum term of imprisonment under this section must be imposed. If the
mandatory minimum term of imprisonment under this section is less than the
sentence that could be imposed under s. 775.082, s. 775.084, or chapter 921,
the sentence imposed must include the mandatory minimum term of imprisonment
under this section.
(7) A defendant sentenced to a mandatory
minimum term of imprisonment under this section is not eligible for statutory
gain-time under s. 944.275 or any form of discretionary early release, other
than pardon or executive clemency, or conditional medical release under s.
947.149, before serving the minimum sentence.
(1) The Legislature finds that an act of sexual battery,
when committed by more than one person, presents a great danger to the public
and is extremely offensive to civilized society. It is therefore the intent of
the Legislature to reclassify offenses for acts of sexual battery committed by
more than one person.
(2) A violation of s. 794.011 shall be reclassified as provided in this subsection if it is charged and proven by the prosecution that, during the same criminal transaction or episode, more than one person committed an act of sexual battery on the same victim.
(a) A felony of the second degree is reclassified to a
felony of the first degree.
(b) A felony of the first degree is reclassified to a life
felony.
This subsection does not apply to life felonies or capital felonies.
For purposes of sentencing under chapter 921 and determining incentive
gain-time eligibility under chapter 944, a felony offense that is reclassified
under this subsection is ranked one level above the ranking under s. 921.0022
or s. 921.0023 of the offense committed.
A person who observes the commission of the crime of sexual battery and
who:
(1) Has reasonable grounds to believe that he or she has
observed the commission of a sexual battery;
(2) Has the present ability to seek assistance for the
victim or victims by immediately reporting such offense to a law enforcement
officer;
(3) Fails to seek such assistance;
(4) Would not be exposed to any threat of physical violence
for seeking such assistance;
(5) Is not the husband, wife, parent, grandparent, child,
grandchild, brother, or sister of the offender or victim, by consanguinity or
affinity; and
(6) Is not the victim of such sexual battery is guilty of a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
(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, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 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.
(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.
(4) If an offense under this section directly results in the
victim giving birth to a child, paternity of that child shall be established as
described in chapter 742. If it is determined that the offender is the father
of the child, the offender must pay child support pursuant to the child support
guidelines described in chapter 61.
(1) DEFINITIONS.--As used in this section:
(a) "Sexual activity" means the oral, anal, or
vaginal penetration by, or union with, the sexual organ of another or the anal
or vaginal penetration of another by any other object; however, sexual activity
does not include an act done for a bona fide medical purpose.
(b) "Consent" means intelligent, knowing, and
voluntary consent, and does not include submission by coercion.
(c) "Coercion" means the use of exploitation,
bribes, threats of force, or intimidation to gain cooperation or compliance.
(d) "Victim" means a person upon whom an offense
described in this section was committed or attempted or a person who has
reported a violation of this section to a law enforcement officer.
(2) PROHIBITED DEFENSES.--Neither the victim's lack of
chastity nor the victim's consent is a defense to the crimes proscribed by this
section.
(3) IGNORANCE OR BELIEF OF VICTIM'S AGE.--The perpetrator's ignorance
of the victim's age, the victim's misrepresentation of his or her age, or the
perpetrator's bona fide belief of the victim's age cannot be raised as a
defense in a prosecution under this section.
(4) LEWD OR LASCIVIOUS BATTERY.--A person who:
(a) Engages in sexual activity with a person 12 years of age
or older but less than 16 years of age; or
(b) Encourages, forces, or entices any person less than 16
years of age to engage in sadomasochistic abuse, sexual bestiality,
prostitution, or any other act involving sexual activity commits lewd or lascivious battery, a felony
of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(5) LEWD OR LASCIVIOUS MOLESTATION.--
(a) A person who intentionally touches in a lewd or
lascivious manner the breasts, genitals, genital area, or buttocks, or the
clothing covering them, of a person less than 16 years of age, or forces or
entices a person under 16 years of age to so touch the perpetrator, commits
lewd or lascivious molestation.
(b) An offender 18 years of age or older who commits lewd or
lascivious molestation against a victim less than 12 years of age commits a
life felony, punishable as provided in s. 775.082(3)(a)4.
(c)1. An offender less than 18 years of age who commits lewd
or lascivious molestation against a victim less than 12 years of age; or
2. An offender 18 years of age or older who commits lewd or
lascivious molestation against a victim 12 years of age or older but less than
16 years of age
commits a felony of the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(d) An offender less than 18 years of age who commits lewd
or lascivious molestation against a victim 12 years of age or older but less
than 16 years of age commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(6) LEWD OR LASCIVIOUS CONDUCT.--
(a) A person who:
1. Intentionally touches a person under 16 years of age in a
lewd or lascivious manner; or
2. Solicits a person under 16 years of age to commit a lewd
or lascivious act commits lewd or lascivious conduct.
(b) An offender 18 years of age or older who commits lewd or
lascivious conduct commits a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(c) An offender less than 18 years of age who commits lewd
or lascivious conduct commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(7) LEWD OR
LASCIVIOUS EXHIBITION.--
(a) A person who:
1. Intentionally masturbates;
2. Intentionally exposes the genitals in a lewd or
lascivious manner; or
3. Intentionally commits any other sexual act that does not
involve actual physical or sexual contact with the victim, including, but not
limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any
act involving sexual activity in the presence of a victim who is less than 16
years of age, commits lewd or lascivious exhibition.
(b) A person who:
1. Intentionally masturbates;
2. Intentionally exposes the genitals in a lewd or
lascivious manner; or
3. Intentionally commits any other sexual act that does not
involve actual physical or sexual contact with the victim, including, but not
limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any
act involving sexual activity live over a computer on-line service, Internet
service, or local bulletin board service and who knows or should know or has
reason to believe that the transmission is viewed on a computer or television
monitor by a victim in this state who is less than 16 years of age, commits
lewd or lascivious exhibition. The fact that an undercover operative or law
enforcement officer was involved in the detection and investigation of an
offense under this paragraph shall not constitute a defense to a prosecution
under this paragraph.
(c) An offender 18 years of age or older who commits a lewd
or lascivious exhibition commits a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(d) An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(8) EXCEPTION.--A mother's breastfeeding of her baby does
not under any circumstance constitute a violation of this section.
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, or niece, commits incest, which
constitutes a felony of the third degree, 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.
(1) A prosecution for a capital felony, a life felony, or a
felony that resulted in a death may be commenced at any time. If the death
penalty is held to be unconstitutional by the Florida Supreme Court or the
United States Supreme Court, all crimes designated as capital felonies shall be
considered life felonies for the purposes of this section, and prosecution for
such crimes may be commenced at any time.
(2) Except as otherwise provided in this section,
prosecutions for other offenses are subject to the following periods of
limitation:
(a) A prosecution for a felony of the first degree must be commenced within 4 years after it is committed.
(b) A prosecution for any other felony must be commenced
within 3 years after it is committed.
(c) A prosecution for a misdemeanor of the first degree must
be commenced within 2 years after it is committed.
(d) A prosecution for a misdemeanor of the second degree or
a noncriminal violation must be commenced within 1 year after it is committed.
(3) An offense is committed either when every element has
occurred or, if a legislative purpose to prohibit a continuing course of
conduct plainly appears, at the time when the course of conduct or the
defendant's complicity therein is terminated. Time starts to run on the day
after the offense is committed.
(4)(a) Prosecution on a charge on which the defendant has
previously been arrested or served with a summons is commenced by the filing of
an indictment, information, or other charging document.
(b) A prosecution on a charge on which the defendant has not
previously been arrested or served with a summons is commenced when either an
indictment or information is filed, provided the capias, summons, or other
process issued on such indictment or information is executed without
unreasonable delay. In determining what is reasonable, inability to locate the
defendant after diligent search or the defendant's absence from the state shall
be considered. The failure to execute process on or extradite a defendant in
another state who has been charged by information or indictment with a crime in
this state shall not constitute an unreasonable delay.
(c) If, however, an indictment or information has been filed
within the time period prescribed in this section and the indictment or
information is dismissed or set aside because of a defect in its content or
form after the time period has elapsed, the period for commencing prosecution
shall be extended 3 months from the time the indictment or information is
dismissed or set aside.
(5) The period of limitation does not run during any time
when the defendant is continuously absent from the state or has no reasonably
ascertainable place of abode or work within the state. This provision shall not
extend the period of limitation otherwise applicable by more than 3 years, but
shall not be construed to limit the prosecution of a defendant who has been
timely charged by indictment or information or other charging document and who
has not been arrested due to his or her absence from this state or has not been
extradited for prosecution from another state.
(6) A prosecution for perjury in an official proceeding that
relates to the prosecution of a capital felony may be commenced at any time.
(7) A prosecution for a felony that resulted in injury to
any person, when such felony arises from the use of a "destructive
device," as defined in s. 790.001, may be commenced within 10 years.
(8) A prosecution for a felony violation of chapter 517 or
s. 409.920 must be commenced within 5 years after the violation is committed.
(9) A prosecution for a felony violation of chapter 403 must
be commenced within 5 years after the date of discovery of the violation.
(10) A prosecution for a felony violation of s. 825.102 or
s. 825.103 must be commenced within 5 years after it is committed.
(11) A prosecution for a felony violation of ss. 440.105 and
817.234 must be commenced within 5 years after the violation is committed.
(12) If the period prescribed in subsection (2), subsection
(8), subsection (9), subsection (10), or subsection (11) has expired, a
prosecution may nevertheless be commenced for:
(a) Any offense, a material element of which is either fraud
or a breach of fiduciary obligation, within 1 year after discovery of the
offense by an aggrieved party or by a person who has a legal duty to represent
an aggrieved party and who is himself or herself not a party to the offense,
but in no case shall this provision extend the period of limitation otherwise
applicable by more than 3 years.
(b) Any offense based upon misconduct in office by a public
officer or employee at any time when the defendant is in public office or
employment, within 2 years from the time he or she leaves public office or
employment, or during any time permitted by any other part of this section,
whichever time is greater.
(13)(a) If the victim of a violation of s. 794.011, former s. 794.05, Florida Statutes
1995, s. 800.04, or s. 826.04 is under the age of 18, the applicable period of
limitation, if any, does not begin to run until the victim has reached the age
of 18 or the violation is reported to a law enforcement agency or other
governmental agency, whichever occurs earlier. Such law enforcement agency or
other governmental agency shall promptly report such allegation to the state
attorney for the judicial circuit in which the alleged violation occurred. If
the offense is a first or second degree felony violation of s. 794.011, and the offense is reported within
72 hours after its commission, the prosecution for such offense may be
commenced at any time. This paragraph applies to any such offense except an
offense the prosecution of which would have been barred by subsection (2) on or
before December 31, 1984.
(b) If the offense is a first degree felony violation of s. 794.011 and the victim was under 18 years
of age at the time the offense was committed, a prosecution of the offense may
be commenced at any time. This paragraph applies to any such offense except an
offense the prosecution of which would have been barred by subsection (2) on or
before October 1, 2003.
(14) A prosecution for a first or second
degree felony violation of s. 794.011,
if the victim is 18 years of age or older at the time of the offense and the
offense is reported to a law enforcement agency within 72 hours after
commission of the offense, may be commenced at any time. If the offense is not
reported within 72 hours after the commission of the offense, the prosecution
must be commenced within the time periods prescribed in subsection (2).
(15)(a) In addition to the time periods prescribed in this
section, a prosecution for any of the following offenses may be commenced
within 1 year after the date on which the identity of the accused is
established, or should have been established by the exercise of due diligence,
through the analysis of deoxyribonucleic acid (DNA) evidence, if a sufficient
portion of the evidence collected at the time of the original investigation and
tested for DNA is preserved and available for testing by the accused:
1. An offense of sexual battery under chapter 794.
2. A lewd or lascivious offense under s. 800.04 or s.
825.1025.
(b) This subsection applies to any offense that is not
otherwise barred from prosecution on or after July 1, 2004.
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Revised
06/06