Florida Statutes

Fla. Stat. § 794.005 (2025)

Legislative findings and intent as to basic charge of sexual battery.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1993–2022 · leading case: Hess v. State, 794 So. 2d 1249 (Fla. 2001).

Sort: Relevance Newest Treatment

Hess v. State, 794 So. 2d 1249 (Fla. 2001). · cites it 2× “" The Legislature in section 794.005 expressed its findings with respect to sexual battery: The Legislature finds that the least serious battery offense .”

Stand. Jury Instructions in Crim. Cases (95-1), 657 So. 2d 1152 (Fla. 1995). · cites it 2× “011(5),” in order to comply with the legislative intent expressed in section 794.005, Florida Statutes (Supp.1992).”

Romano v. State, 718 So. 2d 283 (Fla. 4th DCA 1998). · cites it 2× “See § 794.005, Fla. Stat. (Supp.1992). We also affirm the imposed sentence of thirteen years incarceration.”

United States v. Raul Dagoberto Contreras, 739 F.3d 592 (11th Cir. 2014). “See Fla. Stat. § 794.005 (“[I]t was never intended that the sexual battery offense described in [§ ] 794.”

State v. Sedia, 614 So. 2d 533 (Fla. 4th DCA 1993). “In April of 1992, the legislature enacted section 794.005 of the Florida Statutes, clarifying that the only force the state must prove to convict a defendant under section 794.”

Mathis v. State, 204 So. 3d 104 (Fla. 1st DCA 2016). · cites it 2× “In reaching this conclusion, I am guided by the fact that section 794.005, Florida Statutes (2007), provides that the “Legislature finds that the least serious sexual battery offense, which is provided in s.”

Drawdy v. State, 98 So. 3d 165 (Fla. 2d DCA 2012). “Section 794.005 was enacted in 1992 in an effort to provide at least limited guidance for double jeopardy issues.”

Nicholson v. State, 639 So. 2d 1027 (Fla. 2d DCA 1994). · cites it 2× “Further, although section 794.005, Florida Statutes (Supp.1992), which was passed to override Karchesky , was in effect at the time the defendant was sentenced, that law cannot be applied retroactively to crimes committed before its effective date.”

Garrett Statler v. State of Florida (Fla. 2022). “(codified at § 794.005, Fla. Stat.). Since these amendments, the weight of the authority on the question has consistently favored the conclusion that the statute retained the general intent requirement that had prevailed at common law.”

United States v. Manuel Herrera-Lopez, 570 F. App'x 915 (11th Cir. 2014). “§ 794.005, Fla. Stat. The district court did not err in applying a 16-level increase pursuant to § 2L1.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.