HB 525 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to sexual battery on a mentally 2
incapacitated person; amending s. 794.011, F.S.; 3
revising the definition of the term "mentally 4
incapacitated"; revising provisions concerning sexual 5
battery upon a person who is mentally incapacitated; 6
providing an effective date. 7
8
Be It Enacted by the Legislature of the State of Florida: 9
10
Section 1. Paragraph (c) of subsection (1) and subse ction 11
(4) of section 794.011, Florida Statutes, are amended to read: 12
794.011 Sexual battery. — 13
(1) As used in this chapter: 14
(c) "Mentally incapacitated" means temporarily incapable 15
of appraising or controlling a person's own conduct due to the 16
influence of a narcotic, anesthetic, or intoxicating substance 17
administered without his or her consent or due to any other act 18
committed upon that person without his or her consent . 19
(4)(a) A person 18 years of age or older who commits 20
sexual battery upon a pers on 12 years of age or older but 21
younger than 18 years of age without that person's consent, 22
under any of the circumstances listed in paragraph (e), commits 23
a felony of the first degree, punishable by a term of years not 24
exceeding life or as provided in s. 775.082, s. 775.083, s. 25
HB 525 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
775.084, or s. 794.0115. 26
(b) A person 18 years of age or older who commits sexual 27
battery upon a person 18 years of age or older without that 28
person's consent, under any of the circumstances listed in 29
paragraph (e), commits a felo ny of the first degree, punishable 30
as provided in s. 775.082, s. 775.083, s. 775.084, or s. 31
794.0115. 32
(c) A person younger than 18 years of age who commits 33
sexual battery upon a person 12 years of age or older without 34
that person's consent, under any of the circumstances listed in 35
paragraph (e), commits a felony of the first degree, punishable 36
as provided in s. 775.082, s. 775.083, s. 775.084, or s. 37
794.0115. 38
(d) A person commits a felony of the first degree, 39
punishable by a term of years not exceeding life or as provided 40
in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 if the 41
person commits sexual battery upon a person 12 years of age or 42
older without that person's consent, under any of the 43
circumstances listed in paragraph (e), and such person was 44
previously convicted of a violation of: 45
1. Section 787.01(2) or s. 787.02(2) when the violation 46
involved a victim who was a minor and, in the course of 47
committing that violation, the defendant committed against the 48
minor a sexual battery under this chap ter or a lewd act under s. 49
800.04 or s. 847.0135(5); 50
HB 525 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2. Section 787.01(3)(a)2. or 3.; 51
3. Section 787.02(3)(a)2. or 3.; 52
4. Section 800.04; 53
5. Section 825.1025; 54
6. Section 847.0135(5); or 55
7. This chapter, excluding subsection (10) of this 56
section. 57
(e) The following circumstances apply to paragraphs (a) -58
(d): 59
1. The victim is physically helpless to resist. 60
2. The offender coerces the victim to submit by 61
threatening to use force or violence likely to cause serious 62
personal injury on the victim, and the victim reasonably 63
believes that the offender has the present ability to execute 64
the threat. 65
3. The offender coerces the victim to submit by 66
threatening to retaliate against the victim, or any other 67
person, and the victim reasonably believ es that the offender has 68
the ability to execute the threat in the future. 69
4. The victim is mentally incapacitated, and the offender 70
has reason to believe this or has actual knowledge of this fact 71
offender, without the prior knowledge or consent of the vi ctim, 72
administers or has knowledge of someone else administering to 73
the victim any narcotic, anesthetic, or other intoxicating 74
substance that mentally or physically incapacitates the victim . 75
HB 525 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
5. The victim is mentally defective, and the offender has 76
reason to believe this or has actual knowledge of this fact. 77
6. The victim is physically incapacitated. 78
7. The offender is a law enforcement officer, correctional 79
officer, or correctional probation officer as defined in s. 80
943.10(1), (2), (3), (6), (7), (8) , or (9), who is certified 81
under s. 943.1395 or is an elected official exempt from such 82
certification by virtue of s. 943.253, or any other person in a 83
position of control or authority in a probation, community 84
control, controlled release, detention, custo dial, or similar 85
setting, and such officer, official, or person is acting in such 86
a manner as to lead the victim to reasonably believe that the 87
offender is in a position of control or authority as an agent or 88
employee of government. 89
Section 2. This act shall take effect October 1, 2022. 90