Florida Statute 92.565 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS

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F.S. 92.565

92.565 Admissibility of confession in sexual abuse cases.—

(1) As used in this section, the term “sexual abuse” means an act of a sexual nature or sexual act that may be prosecuted under any law of this state, including those offenses specifically designated in subsection (2).

(2) In any criminal action in which the defendant is charged with a crime against a victim under s. 787.06(3), involving commercial sexual activity; s. 794.011; s. 794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual abuse; s. 827.04, involving sexual abuse; s. 827.071; or s. 847.0135(5), or any other crime involving sexual abuse of another, or with any attempt, solicitation, or conspiracy to commit any of these crimes, the defendant’s memorialized confession or admission is admissible during trial without the state having to prove a corpus delicti of the crime if the court finds in a hearing conducted outside the presence of the jury that the state is unable to show the existence of each element of the crime, and having so found, further finds that the defendant’s confession or admission is trustworthy. Factors which may be relevant in determining whether the state is unable to show the existence of each element of the crime include, but are not limited to, the fact that, at the time the crime was committed, the victim was:

(a) Physically helpless, mentally incapacitated, or mentally defective, as those terms are defined in s. 794.011;

(b) Physically incapacitated due to age, infirmity, or any other cause; or

(3) Before the court admits the defendant’s confession or admission, the state must prove by a preponderance of evidence that there is sufficient corroborating evidence that tends to establish the trustworthiness of the statement by the defendant. Hearsay evidence is admissible during the presentation of evidence at the hearing. In making its determination, the court may consider all relevant corroborating evidence, including the defendant’s statements.

(4) The court shall make specific findings of fact, on the record, for the basis of its ruling.

History.—s. 1, ch. 2000-204; s. 10, ch. 2008-172; s. 2, ch. 2017-23.

F.S. 92.565 on Google Scholar

F.S. 92.565 on Casetext

Amendments to 92.565

Arrestable Offenses / Crimes under Fla. Stat. 92.565

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 92.565.

Annotations, Discussions, Cases:

Cases Citing Statute 92.565

Total Results: 20

STATE OF FLORIDA v. MARCUS NATHAN JACKSON

Court: District Court of Appeal of Florida | Date Filed: 2024-04-12

Snippet: confession into evidence at trial pursuant to section 92.565, Florida Statutes (2021). I respectfully dissent

State v. Tumlinson

Court: District Court of Appeal of Florida | Date Filed: 2016-11-18

Citation: 224 So. 3d 766, 2016 Fla. App. LEXIS 17231, 2016 WL 6810975

Snippet: Because the trial court correctly applied section 92.565, Florida Statutes (2014), and this court's

Ramirez v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-03-14

Citation: 133 So. 3d 648, 2014 WL 996524, 2014 Fla. App. LEXIS 3604

Snippet: confession was trustworthy as required by section 92.565, Florida Statutes; and (2) whether his dual convictions

Kittrell v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-07-19

Citation: 125 So. 3d 1027, 2013 Fla. App. LEXIS 11367, 2013 WL 3761543

Snippet: to introduce the confession pursuant to section 92.565, Florida Statutes (2011).

Allen v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-09-07

Citation: 70 So. 3d 700, 2011 Fla. App. LEXIS 14106, 2011 WL 3903163

Snippet: admitted into evidence at trial pursuant to section 92.565, Florida Statutes, despite the fact that the state

Florida Power & Light Co. v. Florida Public Service Commission

Court: District Court of Appeal of Florida | Date Filed: 2010-03-03

Citation: 31 So. 3d 860, 30 I.E.R. Cas. (BNA) 805, 2010 Fla. App. LEXIS 2528, 2010 WL 728211

Snippet: The Fifth District in Hobbs construed section 92.565, Florida Statutes, which eliminates the corpus

Hobbs v. State

Court: Supreme Court of Florida | Date Filed: 2008-12-23

Citation: 999 So. 2d 1025, 2008 WL 5333794

Snippet: admitting a defendant's statement pursuant to section 92.565, Florida Statutes, a victim's recantation is relevant

Butler v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-01-25

Citation: 972 So. 2d 1089, 2008 WL 195108

Snippet: find that the trial court properly applied section 92.565, Florida Statutes (2006), in permitting the. State

State v. Hobbs

Court: District Court of Appeal of Florida | Date Filed: 2008-01-18

Citation: 974 So. 2d 1119, 2008 WL 160928

Snippet: admissibility of Appellee's confession pursuant to section 92.565, Florida Statutes (2007), which eliminates the

Tanzi v. State

Court: Supreme Court of Florida | Date Filed: 2007-05-10

Citation: 964 So. 2d 106, 2007 WL 1362862

Snippet: court failed to follow the requirements of section 92.565, Florida Statutes (2002), when admitting Tanzi's

Hernandez v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-01-26

Citation: 946 So. 2d 1270, 2007 WL 188417

Snippet: Hernandez's confession into evidence under section 92.565, Florida Statutes (2004), because it failed to

N.C. v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-01-25

Citation: 947 So. 2d 1201, 2007 Fla. App. LEXIS 821, 2007 WL 173886

Snippet: Appellant’s confession into evidence under section 92.565, Florida Statutes (2005), and does not assert that

Kelly v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-12-21

Citation: 946 So. 2d 591, 2006 WL 3740613

Snippet: Appellant's confession into evidence pursuant to section 92.565(2), Florida Statutes (2005). We agree with Appellant

Bradley v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-12-09

Citation: 918 So. 2d 337, 2005 WL 3327530

Snippet: confession was properly admitted under section 92.565, Florida Statutes, which creates an exception to

Geiger v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-07-29

Citation: 907 So. 2d 668, 2005 WL 1788893

Snippet: motion challenging the constitutionality of section 92.565, Florida Statutes (2003), which addresses the admissibility

Williams v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-05-06

Citation: 901 So. 2d 357, 2005 WL 1047241

Snippet: NOTES [1] The parties did not discuss section 92.565, Florida Statutes (2003), which permits a defendant's

Brueckman v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-03-05

Citation: 867 So. 2d 612, 2004 Fla. App. LEXIS 2683, 2004 WL 402407

Snippet: and by admitting his confession under section 92.565, Florida Statutes (2001). We also affirm Brueckman’s

State v. Harrington

Court: District Court of Appeal of Florida | Date Filed: 2003-03-07

Citation: 838 So. 2d 1230, 2003 Fla. App. LEXIS 2856, 2003 WL 825177

Snippet: if those testimonies were insufficient, section 92.565 has eliminated corpus delicti as a predicate for

Carwise v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-07-19

Citation: 821 So. 2d 308, 2002 WL 312513

Snippet: delicti standard on two occasions. See Sections 92.565 and 560.125(8), Florida Statutes. [3] The supreme

State v. Lena

Court: District Court of Appeal of Florida | Date Filed: 2002-06-19

Citation: 819 So. 2d 919, 2002 Fla. App. LEXIS 8557, 2002 WL 1332627

Snippet: appeals the trial court’s reliance on section 92.565, Florida Statutes (2000), to grant the defense’s