Sexual Battery
Being accused of Sexual Battery is an extremely serious matter that can carry life-altering consequences, including prison time, sex offender registration, and permanent damage to your reputation and career. Call now for a confidential consultation with an experienced sex crimes defense attorney to discuss your options and begin building a strong defense.
What is Sexual Battery in Florida?
Section 794.011, Florida Statutes
"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.
​
"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.
Potential Prison Time
-
Sexual Battery by a person 18 years of age or older upon a victim less than 12 years of age is a capital felony punishable by mandatory life in Florida State Prison.
-
Sexual Battery by a person less than 18 years of age upon a victim less than 12 years of age commits a life felony, punishable by up to life in Florida State Prison.
-
Sexual Battery upon a victim 12 years of age or older, without that person's consent, and in the process thereof: (a) uses or threatens to use a deadly weapon; or (b) uses actual physical force likely to cause serious personal injury, commits a life felony, punishable by up to life in Florida State Prison.
-
Sexual Battery by a person 18 years of age or older upon a victim 12 years of age or older but younger than 18 years of age, without that person's consent, under any circumstance listed in paragraph (e), commits a felony of the 1st degree, punishable by up to life in Florida State Prison.
-
Sexual Battery by a person 18 years of age or older upon a victim 18 years of age or older, without that person's consent, under any circumstance listed in paragraph (e), commits a felony of the first degree, punishable by up to 30 years in Florida State Prison.
-
Sexual Battery by a person younger than 18 years of age upon a victim 12 years of age or older without that person's consent, under any circumstance listed in paragraph (e), commits a felony of the first degree, punishable by up to 30 years in Florida State Prison.
-
​Sexual Battery by a person 18 years of age or older upon a victim 12 years of age or older but younger than 18 years of age, without that person's consent, and in the process does not use physical force and violence likely to cause serious personal injury commits a felony of the first degree, punishable by up to 30 years in Florida State Prison.​
-
Sexual Battery by a person 18 years of age or older upon a victim 18 years of age or older, without that person's consent, and in the process does not use physical force and violence likely to cause serious personal injury commits a felony of the second degree, punishable by up to 15 years in Florida State Prison.
-
Sexual Battery by a person younger than 18 years of age upon a victim 12 years of age or older, without that person's consent, and in the process does not use physical force and violence likely to cause serious personal injury commits a felony of the second degree, punishable by up to 15 years in Florida State Prison.
Sex Offender Registration Requirements
Section 943.0435, Florida Statutes
A conviction for Sexual Battery will result in becoming a registered sex offender.
​
Florida imposes some of the strictest sex offender registration and reporting requirements in the country. Individuals required to register must provide detailed person information such as addresses, employment, vehicles, electronic identifiers, fingerprints, and photographs, and must keep that information continuously updated with law enforcement. Failure to comply with these strict reporting requirements can result in new felony charges, making timely reporting an ongoing and critical obligation for anyone on Florida's registry.
Call Now For A Free Consultation
If you've been charged with Sexual Battery, it's important to act quickly. A conviction can result in significant prison time and require you to register as a sex offender and continuously remain compliant with Florida's strict reporting and registration requirements. Call now to speak with an experienced Sex Crimes Defense Attorney and take the first step towards building a strong defense.
