Florida 2023 Regular Session

Florida House Bill H0123 Compare Versions

Only one version of the bill is available at this time.

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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to sexual battery on mentally 2
16	16	incapacitated persons; amending s. 794.011, F.S.; 3
17	17	providing definitions; revising terminology; 4
18	18	prohibiting sexual battery upon a person who is 5
19	19	voluntarily or involuntarily mentally incapacitated; 6
20	20	providing criminal penalties; amending ss. 92.565 and 7
21	21	787.06, F.S.; conforming provisions to changes made by 8
22	22	the act; providing an effective date. 9
23	23	10
24	24	Be It Enacted by the Legislature of the State of Florida: 11
25	25	12
26	26	Section 1. Paragraph (l) is added to subsection (1) of 13
27	27	section 794.011, Florida Statutes, paragraphs (c) and (d) of 14
28	28	that subsection are redesignated as paragraphs (d) and (c), 15
29	29	respectively, and pr esent paragraph (d) of that subsection and 16
30	30	paragraph (e) of subsection (4) are amended, to read: 17
31	31	794.011 Sexual battery. — 18
32	32	(1) As used in this chapter: 19
33	33	(c)(d) "Involuntarily mentally incapacitated" means 20
34	34	temporarily incapable of appraising or controll ing a person's 21
35	35	own conduct due to the influence of a narcotic, anesthetic, or 22
36	36	intoxicating substance administered without his or her consent 23
37	37	or due to any other act committed upon that person without his 24
38	38	or her consent. 25
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51	51	(l) "Voluntarily mentally incapaci tated" means temporarily 26
52	52	incapable of appraising or controlling a person's own conduct 27
53	53	due to the influence of a narcotic, anesthetic, or intoxicating 28
54	54	substance administered with his or her consent or due to any 29
55	55	other act committed upon that person with hi s or her consent. 30
56	56	(4) 31
57	57	(e) The following circumstances apply to paragraphs (a) -32
58	58	(d): 33
59	59	1. The victim is physically helpless to resist. 34
60	60	2. The offender coerces the victim to submit by 35
61	61	threatening to use force or violence likely to cause serious 36
62	62	personal injury on the victim, and the victim reasonably 37
63	63	believes that the offender has the present ability to execute 38
64	64	the threat. 39
65	65	3. The offender coerces the victim to submit by 40
66	66	threatening to retaliate against the victim, or any other 41
67	67	person, and the victim rea sonably believes that the offender has 42
68	68	the ability to execute the threat in the future. 43
69	69	4. The offender, without the prior knowledge or consent of 44
70	70	the victim, administers or has knowledge of someone else 45
71	71	administering to the victim any narcotic, anesthet ic, or other 46
72	72	intoxicating substance that voluntarily or involuntarily 47
73	73	mentally incapacitates or physically incapacitates the victim. 48
74	74	5. The victim is mentally defective, and the offender has 49
75	75	reason to believe this or has actual knowledge of this fact. 50
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88	88	6. The victim is physically incapacitated. 51
89	89	7. The offender is a law enforcement officer, correctional 52
90	90	officer, or correctional probation officer as defined in s. 53
91	91	943.10(1), (2), (3), (6), (7), (8), or (9), who is certified 54
92	92	under s. 943.1395 or is an ele cted official exempt from such 55
93	93	certification by virtue of s. 943.253, or any other person in a 56
94	94	position of control or authority in a probation, community 57
95	95	control, controlled release, detention, custodial, or similar 58
96	96	setting, and such officer, official, or person is acting in such 59
97	97	a manner as to lead the victim to reasonably believe that the 60
98	98	offender is in a position of control or authority as an agent or 61
99	99	employee of government. 62
100	100	Section 2. Paragraph (a) of subsection (2) of section 63
101	101	92.565, Florida Statut es, is amended to read: 64
102	102	92.565 Admissibility of confession in sexual abuse cases. — 65
103	103	(2) In any criminal action in which the defendant is 66
104	104	charged with a crime against a victim under s. 787.06(3), 67
105	105	involving commercial sexual activity; s. 794.011; s. 794.0 5; s. 68
106	106	800.04; s. 826.04; s. 827.03, involving sexual abuse; s. 827.04, 69
107	107	involving sexual abuse; s. 827.071; or s. 847.0135(5), or any 70
108	108	other crime involving sexual abuse of another, or with any 71
109	109	attempt, solicitation, or conspiracy to commit any of these 72
110	110	crimes, the defendant's memorialized confession or admission is 73
111	111	admissible during trial without the state having to prove a 74
112	112	corpus delicti of the crime if the court finds in a hearing 75
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125	125	conducted outside the presence of the jury that the state is 76
126	126	unable to show the existence of each element of the crime, and 77
127	127	having so found, further finds that the defendant's confession 78
128	128	or admission is trustworthy. Factors which may be relevant in 79
129	129	determining whether the state is unable to show the existence of 80
130	130	each element of the crime include, but are not limited to, the 81
131	131	fact that, at the time the crime was committed, the victim was: 82
132	132	(a) Physically helpless, involuntarily mentally 83
133	133	incapacitated, voluntarily mentally incapacitated, or mentally 84
134	134	defective, as those terms are defi ned in s. 794.011; 85
135	135	Section 3. Paragraph (g) of subsection (3) of section 86
136	136	787.06, Florida Statutes, is amended to read: 87
137	137	787.06 Human trafficking. — 88
138	138	(3) Any person who knowingly, or in reckless disregard of 89
139	139	the facts, engages in human trafficking, or attempts to engage 90
140	140	in human trafficking, or benefits financially by receiving 91
141	141	anything of value from participation in a venture that has 92
142	142	subjected a person to human trafficking: 93
143	143	(g) For commercial sexual activity in which any child 94
144	144	younger than 18 years of age or an adult believed by the person 95
145	145	to be a child younger than 18 years of age, or in which any 96
146	146	person who is mentally defective , involuntarily or mentally 97
147	147	incapacitated, or voluntarily mentally incapacitated, as those 98
148	148	terms are defined in s. 794.011 (1), is involved commits a life 99
149	149	felony, punishable as provided in s. 775.082(3)(a)6., s. 100
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162	162	775.083, or s. 775.084. 101
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164	164	For each instance of human trafficking of any individual under 103
165	165	this subsection, a separate crime is committed and a separate 104
166	166	punishment is authorized. 105
167	167	Section 4. This act shall take effect October 1, 2023. 106