Chapter 794 — Chapter 794
21 sections in this chapter.
Fla. Stat. § 794.005 Legislative findings and intent as to basic charge of sexual battery
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The Legislature finds that the least serious sexual battery offense, which is provided in s. 794.011(5), was intended, and remains intended, to serve as the basic charge of sexual battery and to be necessarily included in the offenses charged under subsections (3) and (4), within…
Fla. Stat. § 794.011 Sexual battery
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(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) “Female genit…
Fla. Stat. § 794.0115 Dangerous sexual felony offender; mandatory sentencing
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(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(2)(c); 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 …
Fla. Stat. § 794.02 Common-law presumption relating to age abolished
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The common-law rule “that a boy under 14 years of age is conclusively presumed to be incapable of committing the crime of rape” shall not be in force in this state.
Fla. Stat. § 794.021 Ignorance or belief as to victim’s age no defense
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When, in this chapter, the criminality of conduct depends 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 defens…
Fla. Stat. § 794.022 Rules of evidence
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(1) The testimony of the victim need not be corroborated in a prosecution under s. 787.06, s. 794.011, or s. 800.04.(2) Specific instances of prior consensual sexual activity between the victim and any person other than the offender may not be admitted into evidence in a prosecut…
Fla. Stat. § 794.023 Sexual battery by multiple perpetrators; reclassification of offenses
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(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 …
Fla. Stat. § 794.0235 Administration of medroxyprogesterone acetate (MPA) to persons convicted of sexual battery
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(1) Notwithstanding any other law, the court:(a) May sentence a defendant to be treated with medroxyprogesterone acetate (MPA), according to a schedule of administration monitored by the Department of Corrections, if the defendant is convicted of sexual battery as described in s.…
Fla. Stat. § 794.024 Unlawful to disclose identifying information
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(1) A public employee or officer who has access to the photograph, name, or address of a person who is alleged to be the victim of an offense described in this chapter, chapter 800, s. 827.03, s. 827.04, or s. 827.071 may not willfully and knowingly disclose it to a person who is…
Fla. Stat. § 794.026 Civil right of action for communicating the identity of a sexual crime victim
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(1) An entity or individual who communicates to others, prior to open judicial proceedings, the name, address, or other specific identifying information concerning the victim of any sexual offense under this chapter or chapter 800 shall be liable to that victim for all damages re…
Fla. Stat. § 794.027 Duty to report sexual battery; penalties
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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 …
Fla. Stat. § 794.03 Unlawful to publish or broadcast information identifying sexual offense victim
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No person shall print, publish, or broadcast, or cause or allow to be printed, published, or broadcast, in any instrument of mass communication the name, address, or other identifying fact or information of the victim of any sexual offense within this chapter, except as provided …
Fla. Stat. § 794.05 Unlawful sexual activity with certain minors
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(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.(2) As used in this section, the term:(a) “Female genitals” includes the…
Fla. Stat. § 794.051 Indecent, lewd, or lascivious touching of certain minors
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(1) A person 24 years of age or older who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person 16 or 17 years of age, or forces or entices a person 16 or 17 years of age to so touch the p…
Fla. Stat. § 794.052 Sexual battery; notification of victim’s rights and services
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(1) A law enforcement officer who investigates an alleged sexual battery shall:(a) Assist the victim in obtaining medical treatment, if medical treatment is necessary as a result of the alleged incident, a forensic examination, and advocacy and crisis-intervention services from a…
Fla. Stat. § 794.053 Lewd or lascivious written solicitation of certain minors
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A person 24 years of age or older who solicits a person who is 16 or 17 years of age in writing to commit a lewd or lascivious act commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Fla. Stat. § 794.055 Access to services for victims of sexual battery
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(1) This section may be cited by the popular name, the “Sexual Battery Victims’ Access to Services Act.”(2) As used in this section, the term:(a) “Crisis-intervention services” means advice, counseling, or consultation provided by a sexual battery counselor or trained volunteer t…
Fla. Stat. § 794.056 Rape Crisis Program Trust Fund
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(1) The Rape Crisis Program Trust Fund is created within the Department of Health for the purpose of providing funds for rape crisis centers in this state. Trust fund moneys shall be used exclusively for the purpose of providing services for victims of sexual assault. Funds credi…
Fla. Stat. § 794.075 Sexual predators; erectile dysfunction drugs
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(1) A person may not possess a prescription drug, as defined in s. 499.003(40), for the purpose of treating erectile dysfunction if the person is designated as a sexual predator under s. 775.21.(2) A person who violates a provision of this section for the first time commits a mis…
Fla. Stat. § 794.08 Female genital mutilation
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(1) As used in this section, the term “female genital mutilation” means the circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of a female person.(2) A person who knowingly commits, or attempts to commit, female genital mutil…
Fla. Stat. § 794.09 Forfeiture of retirement benefits
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The retirement benefits of a person convicted of a felony committed on or after October 1, 2008, under this chapter are subject to forfeiture in accordance with s. 112.3173 or s. 121.091 if the person is a public officer or employee when the offense occurs; the person commits the…