Florida Statute 794.005 | Lawyer Caselaw & Research

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVI
CRIMES

Chapter 794
SEXUAL BATTERY

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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.

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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:

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