If you have been charged with a felony or misdemeanor by either the state or federal government contact skilled and experienced criminal defense attorney
John M. Howe. Mr. Howe has the experience, knowledge, and resources to effectively defend you against criminal charges. Securing the services of a high quality criminal defense team can save you months or years of anguish. A leader in the criminal defense and legal communities, Mr. Howe presently serves as President-Elect of the Palm Beach County Bar Association, a Director of the Florida Association of Criminal Defense Lawyers and a Past-President of the Palm Beach Association of Criminal Defense Lawyers.
794.011. Sexual battery
(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.
Contact South Florida Criminal Defense Attorney John M. Howe
Contact the Law Offices of John M. Howe online to discuss how he will fight to protect your rights, or call him at 561-296-7772 or toll-free at 866-930-2938. During your first meeting, Mr. Howe will examine your case and determine the best way in which his services can be utilized to help you fight the sexual assault or battery charges you are facing.
