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Florida Statute 794.005 | Lawyer Caselaw & Research
F.S. 794.005 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 794.005

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 794
SEXUAL BATTERY
View Entire Chapter
F.S. 794.005
794.005 Legislative findings and intent as to basic charge of sexual battery.The Legislature finds that the least serious sexual battery offense, which is provided in s. 794.011(5), was intended, and remains intended, to serve as the basic charge of sexual battery and to be necessarily included in the offenses charged under subsections (3) and (4), within the meaning of s. 924.34; and that it was never intended that the sexual battery offense described in s. 794.011(5) require any force or violence beyond the force and violence that is inherent in the accomplishment of “penetration” or “union.”
History.s. 2, ch. 92-135.

F.S. 794.005 on Google Scholar

F.S. 794.005 on Casetext

Amendments to 794.005


Arrestable Offenses / Crimes under Fla. Stat. 794.005
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 794.005.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MATHIS, v. STATE, 204 So.3d 104 (Fla. Dist. Ct. App. 2016)

. . . In reaching this conclusion, I am guided by the fact that section 794.005, Florida Statutes (2007), provides . . .

UNITED STATES v. HERRERA- LOPEZ, a. k. a., 570 F. App'x 915 (11th Cir. 2014)

. . . . § 794.005, Fla. Stat. . . .

UNITED STATES v. CONTRERAS, a. k. a. a. k. a., 739 F.3d 592 (11th Cir. 2014)

. . . . § 794.005 (“[I]t was never intended that the sexual battery offense described in [§ ] 794.011(5) require . . .

J. DRAWDY, v. STATE, 98 So. 3d 165 (Fla. Dist. Ct. App. 2012)

. . . Section 794.005 was enacted in 1992 in an effort to provide at least limited guidance for double jeopardy . . .

HESS, v. STATE, 794 So. 2d 1249 (Fla. 2001)

. . . The Legislature in section 794.005 expressed its findings with respect to sexual battery: The Legislature . . . We conclude that both the language of section 794.011(8)(b) and section 794.005 indicate the Legislature . . .

L. ROMANO, v. STATE, 718 So. 2d 283 (Fla. Dist. Ct. App. 1998)

. . . See § 794.005, Fla. Stat. (Supp.1992). . . .

STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 657 So. 2d 1152 (Fla. 1995)

. . . Slight Force, F.S. 794.011(5),” in order to comply with the legislative intent expressed in section 794.005 . . .

NICHOLSON, v. STATE, 639 So. 2d 1027 (Fla. Dist. Ct. App. 1994)

. . . Further, although section 794.005, Florida Statutes (Supp.1992), which was passed to override Karchesky . . .

STATE v. SEDIA,, 614 So. 2d 533 (Fla. Dist. Ct. App. 1993)

. . . In April of 1992, the legislature enacted section 794.005 of the Florida Statutes, clarifying that the . . .