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Florida Statute 794.011: Sexual Battery

Summary

“Sexual battery” according to Florida Statute 794.011 means oral, anal, or vaginal penetration or union (touching) with, the sexual organ of another. This definition includes the use of any object.

Elements

According to Florida Statute 794.011, in order for someone to be proven guilty of Sexual Battery, the State must prove that there was “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.”

Example

At a party, James found Brianna (a girl he had been talking to that night) passed out in a bedroom. Believing that Brianna wouldn’t mind, and that she most likely wouldn’t find out, James had vaginal sex with Brianna while she is sleeping. After waking up, Brianna realized she had been raped, and contacted the police. After the police identify James’ DNA on the sperm left inside Brianna, James was arrested for sexual battery.

Maximum Penalty

Everyone charged sexual battery will be registered as a sex offender in the public records. Punishment for sexual battery depends on the age of the defendant and the victim.

  • Defendant is over 18 and the victim is older than 12, but younger than 18
    • First-degree felony: Punishment of up to 30 years in prison and a $10,000 fine.
  • Defendant is younger than 18 and the victim is older than 12, but younger than 18
    • Second-degree felony: Punishment of up to 15 years in prison and a $10,000 fine.
  • Defendant and victim are under 18, but older than 12
    • Second-degree felony: Punishment of up to 15 years in prison and a $10,000 fine.
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10.0Tim Michael Flaherty

Call (850) 243-6097 for your free consultation.