Florida Statute 794.5 - Full Text and Legal Analysis

The 2025 Florida Statutes

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.

F.S. 794.005 on Google Scholar

F.S. 794.005 on CourtListener

Amendments to 794.005

Annotations, Discussions, Cases:

Cases Citing Statute 794.005

Total Results: 103

Karchesky v. State

591 So. 2d 930, 1992 WL 4876

Supreme Court of Florida | Filed: Jan 16, 1992 | Docket: 1528116

Cited 76 times | Published

UNMARRIED PERSON UNDER THE AGE OF 18 YEARS, SECTION 794.05, FLORIDA STATUTES. Karchesky, 568 So.2d at

Seagrave v. State

802 So. 2d 281, 2001 WL 776269

Supreme Court of Florida | Filed: Jul 12, 2001 | Docket: 1699005

Cited 71 times | Published

unmarried person under the age of eighteen (section 794.05). Chapter 800 covered "unnatural and lascivious

Simmons v. State

10 So. 2d 436, 151 Fla. 778, 1942 Fla. LEXIS 1267

Supreme Court of Florida | Filed: Nov 13, 1942 | Docket: 3269171

Cited 71 times | Published

basic offense (Section 7552, C.G.L., 1927, now Section 794.05, Florida Statutes, 1941) is silent as to the

Standard Jury Instructions

723 So. 2d 123

Supreme Court of Florida | Filed: Jul 16, 1998 | Docket: 1319450

Cited 40 times | Published

UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS F.S. 794.05 [NEW] Before you can

Lowe v. State

19 So. 2d 106, 154 Fla. 730, 1944 Fla. LEXIS 805

Supreme Court of Florida | Filed: Jul 25, 1944 | Docket: 3267235

Cited 40 times | Published

of Lee County, Florida, for the violation of Section 794.05, Fla. Stats. 1941 (F.S.A.). He was by the trial

BB v. State

659 So. 2d 256, 1995 WL 382659

Supreme Court of Florida | Filed: Jun 29, 1995 | Docket: 1462766

Cited 24 times | Published

Section 23 of the Florida Constitution, renders section 794.05, Florida Statutes (1991), unconstitutional

Wright v. State

739 So. 2d 1230, 1999 WL 594179

District Court of Appeal of Florida | Filed: Aug 10, 1999 | Docket: 1294053

Cited 23 times | Published

or upon the victim's vagina, in violation of section 794.05(1), Florida Statutes (1997) (Count Two). A

Morris v. State

605 So. 2d 511, 1992 WL 213150

District Court of Appeal of Florida | Filed: Sep 4, 1992 | Docket: 1702355

Cited 20 times | Published

" known in the vernacular as "statutory rape." § 794.05, Fla. Stat. (1991). Apparently the offense was

Lussier v. Dugger

904 F.2d 661, 1990 WL 80034

Court of Appeals for the Eleventh Circuit | Filed: Jul 2, 1990 | Docket: 66255006

Cited 20 times | Published

statutes, including the Rehabilitation Act. 29 U.S.C. § 794.5 The preamble to the 1988 legislation states that

Lane v. MRA HOLDINGS, LLC

242 F. Supp. 2d 1205, 2002 U.S. Dist. LEXIS 24111, 2002 WL 31940726

District Court, M.D. Florida | Filed: Nov 26, 2002 | Docket: 8427

Cited 15 times | Published

which is harmful to minors"). [66] See Fla. Stat. § 794.05(1) ("A person 24 years of age or older who engages

Hess v. State

794 So. 2d 1249, 2001 WL 521307

Supreme Court of Florida | Filed: May 17, 2001 | Docket: 1737900

Cited 14 times | Published

by any other object." The Legislature in section 794.005 expressed its findings with respect to sexual

Jones v. State

619 So. 2d 418, 1993 WL 186548

District Court of Appeal of Florida | Filed: Jun 4, 1993 | Docket: 307734

Cited 14 times | Published

of twelve, for which consent is no defense. Section 794.05 similarly obviates consent as a defense if

United States v. Darrell Mark Babcock

924 F.3d 1180

Court of Appeals for the Eleventh Circuit | Filed: May 24, 2019 | Docket: 15672362

Cited 12 times | Published

residence. See, e.g. , Fla. Stat. § 794.05 (1) ("Unlawful sexual activity with certain

State v. Washington

114 So. 3d 182, 2012 WL 2400879, 2012 Fla. App. LEXIS 10401

District Court of Appeal of Florida | Filed: Jun 27, 2012 | Docket: 60231793

Cited 12 times | Published

ignorance is not a defense to the crime[.]”). Under section 794.05, “[a] person 24 years of age or older who engages

JAS v. State

705 So. 2d 1381, 1998 WL 42190

Supreme Court of Florida | Filed: Feb 5, 1998 | Docket: 1581619

Cited 12 times | Published

review of a certified question,[6] we found section 794.05, Florida Statutes (1991),[7] unconstitutional

Lanier v. State

443 So. 2d 178

District Court of Appeal of Florida | Filed: Dec 13, 1983 | Docket: 1459043

Cited 11 times | Published

consented or whether the victim was chaste. Section 794.05, Florida Statutes (1981), punishes as a felony

Barber v. State

901 So. 2d 364, 2005 WL 1047287

District Court of Appeal of Florida | Filed: May 6, 2005 | Docket: 1666240

Cited 9 times | Published

W. and PETERSON, JJ., concur. NOTES [1] See § 794.05(1), Fla. Stat. (2003). [2] See § 794.011(4)(e)

Brinson v. State

278 So. 2d 317

District Court of Appeal of Florida | Filed: May 17, 1973 | Docket: 1356161

Cited 9 times | Published

Chapter 8596, Acts of 1921, now carried as Section 794.05, Florida Statutes, F.S.A. Prior to 1921, the

State v. Smith

951 So. 2d 954, 2007 WL 714116

District Court of Appeal of Florida | Filed: Mar 12, 2007 | Docket: 1280621

Cited 8 times | Published

female under the age of sixteen, in violation of section 794.05, Florida Statutes (2005). The victim was a

Hodge v. State

866 So. 2d 1270, 2004 WL 432501

District Court of Appeal of Florida | Filed: Mar 10, 2004 | Docket: 1680044

Cited 8 times | Published

removed. Appellant was found to have violated section 794.05, Florida Statutes (2000), which provides in

State v. Walborn

729 So. 2d 504, 1999 WL 186698

District Court of Appeal of Florida | Filed: Apr 7, 1999 | Docket: 327866

Cited 8 times | Published

unlawful sexual activity with a minor, pursuant to section 794.05, Florida *505 Statutes (1997). Walborn filed

Ladd v. State

715 So. 2d 1012, 1998 WL 399640

District Court of Appeal of Florida | Filed: Jul 20, 1998 | Docket: 1717036

Cited 8 times | Published

unmarried person younger than 18, in violation of section 794.05, Florida Statutes (1995). (However, appellant

McGee v. State

19 So. 3d 1074, 2009 Fla. App. LEXIS 14918, 2009 WL 3189171

District Court of Appeal of Florida | Filed: Oct 7, 2009 | Docket: 1651797

Cited 7 times | Published

age sixteen or seventeen, in violation of section 794.05(1), Florida Statutes (2005). All of the offenses

Romano v. State

718 So. 2d 283, 1998 WL 567959

District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 466400

Cited 7 times | Published

those terms are defined in the statutes. See § 794.005, Fla. Stat. (Supp.1992). We also affirm the imposed

State v. Sedia

614 So. 2d 533, 1993 WL 5862

District Court of Appeal of Florida | Filed: Mar 17, 1993 | Docket: 449312

Cited 7 times | Published

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

Thompson v. State

483 So. 2d 1

District Court of Appeal of Florida | Filed: Aug 9, 1985 | Docket: 455688

Cited 7 times | Published

under the age of eighteen years in violation of section 794.05, Florida Statutes (1983). The evidence at trial

Wilson v. State

288 So. 2d 480

Supreme Court of Florida | Filed: Jan 9, 1974 | Docket: 1326202

Cited 7 times | Published

01, Chapter 8596, Acts of 1921, (now Fla. Stat. § 794.05, F.S.A.) was amended, changing in effect the word

Caston v. State

58 So. 2d 694, 1952 Fla. LEXIS 1201

Supreme Court of Florida | Filed: Mar 7, 1952 | Docket: 1453844

Cited 7 times | Published

was under eighteen years of age, contrary to Section 794.05, F.S.A. The appellant upon arraignment entered

Easterly v. State

22 So. 3d 807, 2009 Fla. App. LEXIS 17542, 2009 WL 4030817

District Court of Appeal of Florida | Filed: Nov 24, 2009 | Docket: 1639734

Cited 6 times | Published

or seventeen years of age, in violation of section 794.05, Florida Statutes (2004) (count two). The time

Easterly v. State

22 So. 3d 807, 2009 Fla. App. LEXIS 17542, 2009 WL 4030817

District Court of Appeal of Florida | Filed: Nov 24, 2009 | Docket: 1639734

Cited 6 times | Published

or seventeen years of age, in violation of section 794.05, Florida Statutes (2004) (count two). The time

Feliciano v. State

937 So. 2d 818, 2006 WL 2682580

District Court of Appeal of Florida | Filed: Sep 20, 2006 | Docket: 1513085

Cited 6 times | Published

On appeal from his conviction for violating section 794.05, Florida Statutes (2003), Jovan Feliciano argues

Griffin v. State

753 So. 2d 676, 2000 WL 266331

District Court of Appeal of Florida | Filed: Mar 13, 2000 | Docket: 1729089

Cited 6 times | Published

information charging him with a violation of section 794.05(1), Florida Statutes (1997). Twenty-four years

Victor v. State

566 So. 2d 354, 1990 WL 126372

District Court of Appeal of Florida | Filed: Sep 5, 1990 | Docket: 1529202

Cited 6 times | Published

motion to dismiss. We affirm. Florida Statutes Section 794.05(1) provides: Any person who has unlawful carnal

UTU v. State

929 So. 2d 718, 2006 WL 1459808

District Court of Appeal of Florida | Filed: May 26, 2006 | Docket: 81905

Cited 5 times | Published

sexual activity with a minor, in violation of section 794.05(1), Florida Statutes (2004), Anthony Utu appeals

State v. Cunningham

712 So. 2d 1221, 1998 WL 336329

District Court of Appeal of Florida | Filed: Jun 26, 1998 | Docket: 1737419

Cited 4 times | Published

Florida, challenges the trial court order finding section 794.05, Florida Statutes (Supp.1996), which is the

Fretwell v. State

586 So. 2d 483, 1991 WL 188311

District Court of Appeal of Florida | Filed: Sep 26, 1991 | Docket: 1742449

Cited 4 times | Published

unmarried person under 18 years, a violation of section 794.05(1), Florida Statutes, and three counts of lewd

Pulcini v. State

41 So. 3d 338, 2010 Fla. App. LEXIS 10569, 2010 WL 2882466

District Court of Appeal of Florida | Filed: Jul 21, 2010 | Docket: 2399257

Cited 3 times | Published

State, 695 So.2d 1239, 1243 (Fla.1997), and section 794.05(3) states that "[t]he victim's prior sexual

State v. Raleigh

686 So. 2d 621, 1996 WL 660937

District Court of Appeal of Florida | Filed: Nov 15, 1996 | Docket: 1676188

Cited 3 times | Published

was a minor. The statute at issue in B.B. was section 794.05, Florida Statutes, which prohibits carnal intercourse

B.B. v. State

659 So. 2d 256, 1995 Fla. LEXIS 1063

Supreme Court of Florida | Filed: Jun 29, 1995 | Docket: 64758289

Cited 3 times | Published

Section 23 of the Florida Constitution, renders section 794.05, Florida Statutes (1991), unconstitutional

Young v. State

506 So. 2d 13, 12 Fla. L. Weekly 875

District Court of Appeal of Florida | Filed: Mar 26, 1987 | Docket: 1700234

Cited 3 times | Published

chaste character is generally essential under § 794.05. Rather than eliminating the consent and chastity

Griffin v. State

322 So. 2d 587

District Court of Appeal of Florida | Filed: Nov 28, 1975 | Docket: 1734697

Cited 3 times | Published

offense of statutory rape, in violation of Section 794.05, Florida Statutes 1973. Various issues are

Jones v. State

127 So. 3d 622, 2013 WL 5729927, 2013 Fla. App. LEXIS 16766

District Court of Appeal of Florida | Filed: Oct 23, 2013 | Docket: 60236786

Cited 2 times | Published

person 24 years of age or older, in violation of section 794.05(1), Florida Statutes (2008). At trial, the

Light v. State

20 So. 3d 939, 2009 Fla. App. LEXIS 14499, 2009 WL 3103856

District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 2553548

Cited 2 times | Published

when the perpetrator is not older than 23. See § 794.05, Fla. Stat. (2005). Tummond testified he knew

Acevedo v. Williams

985 So. 2d 669, 2008 WL 2572646

District Court of Appeal of Florida | Filed: Jun 30, 2008 | Docket: 1673298

Cited 2 times | Published

hand, and younger children, on the other. See § 794.05(1), Fla. Stat. (2007) ("A person 24 years of age

Hawker v. State

951 So. 2d 945, 2007 WL 675470

District Court of Appeal of Florida | Filed: Mar 7, 2007 | Docket: 1280693

Cited 2 times | Published

accurate under Florida law. Florida Statutes section 794.05 criminalizes, as unlawful sexual activity,

J.A.S. v. State

705 So. 2d 1381, 23 Fla. L. Weekly Supp. 67, 1998 Fla. LEXIS 85

Supreme Court of Florida | Filed: Feb 5, 1998 | Docket: 64779014

Cited 2 times | Published

upon review of a certified question,6 we found section 794.05, Florida Statutes (1991),7 unconstitutional

Martin v. State

691 So. 2d 1204, 1997 WL 194744

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 1423424

Cited 2 times | Published

person under the age of 18 in violation of section 794.05, Florida Statutes (1995), and interfering with

State v. JAS

686 So. 2d 1366, 1997 WL 1679

District Court of Appeal of Florida | Filed: Jan 3, 1997 | Docket: 1676085

Cited 2 times | Published

prove that the statute involved in that case, section 794.05, Florida Statutes (1991), furthered a compelling

State v. ARS

684 So. 2d 1383, 1996 WL 726847

District Court of Appeal of Florida | Filed: Dec 19, 1996 | Docket: 1482040

Cited 2 times | Published

supreme court in B.B. v. State[1] held that section 794.05, Florida Statutes, which prohibits "unlawful

Hull v. State

686 So. 2d 676, 1996 WL 724125

District Court of Appeal of Florida | Filed: Dec 18, 1996 | Docket: 2568091

Cited 2 times | Published

"niece"). Hull was not charged with a violation of section 794.05, which forbids intercourse with an unmarried

State v. BB

637 So. 2d 936, 1994 WL 169438

District Court of Appeal of Florida | Filed: May 6, 1994 | Docket: 422979

Cited 2 times | Published

challenges the trial court's order which declares section 794.05, Florida Statutes (1991), unconstitutional

STEPHEN STUBBS v. STATE OF FLORIDA

275 So. 3d 631

District Court of Appeal of Florida | Filed: Apr 17, 2019 | Docket: 14950643

Cited 1 times | Published

sexual activity with a minor in violation of section 794.05(1), Florida Statutes. We write to address the

Drawdy v. State

98 So. 3d 165, 2012 WL 3822100, 2012 Fla. App. LEXIS 14870

District Court of Appeal of Florida | Filed: Sep 5, 2012 | Docket: 60312196

Cited 1 times | Published

constitutional analysis under similar circumstances. Section 794.005 was enacted in 1992 in an effort to provide

State v. Tameris

54 So. 3d 619, 2011 Fla. App. LEXIS 1980, 2011 WL 553825

District Court of Appeal of Florida | Filed: Feb 18, 2011 | Docket: 60298353

Cited 1 times | Published

sexual activity with a minor, in violation of section 794.05, Florida Statutes. In ease number 2009-35625-CFAES

Shores v. State

15 So. 3d 697, 2009 Fla. App. LEXIS 8506, 2009 WL 1856045

District Court of Appeal of Florida | Filed: Jun 30, 2009 | Docket: 1190874

Cited 1 times | Published

age or older, was a second-degree felony. See § 794.05(1), Fla. Stat. (1997). But his subsequent, unsupervised

Rivera v. State

1 So. 3d 1158, 2009 Fla. App. LEXIS 360, 2009 WL 188047

District Court of Appeal of Florida | Filed: Jan 23, 2009 | Docket: 1174583

Cited 1 times | Published

sexual activity with a minor, a violation of section 794.05(1), Florida Statutes (2002). After his plea

HB v. Department of Children and Families

987 So. 2d 808, 2008 WL 3539517

District Court of Appeal of Florida | Filed: Aug 11, 2008 | Docket: 1724157

Cited 1 times | Published

MONACO and COHEN, JJ., concur. NOTES [1] See § 794.05(1), Fla. Stat. (2007) ("A person 24 years of age

Erwin v. State

983 So. 2d 58, 2008 WL 1968313

District Court of Appeal of Florida | Filed: May 8, 2008 | Docket: 2508813

Cited 1 times | Published

constitute "sexual activity" as defined in section 794.05(1). *59 AFFIRMED in part, REVERSED in part

State v. J.A.S.

686 So. 2d 1366, 1997 Fla. App. LEXIS 26

District Court of Appeal of Florida | Filed: Jan 3, 1997 | Docket: 64770604

Cited 1 times | Published

prove that the statute involved in that case, section 794.05, Florida Statutes (1991), furthered a compelling

Standard Jury Instructions in Criminal Cases (95-1)

657 So. 2d 1152, 20 Fla. L. Weekly Supp. 338, 1995 Fla. LEXIS 1139, 1995 WL 410690

Supreme Court of Florida | Filed: Jul 13, 1995 | Docket: 64757824

Cited 1 times | Published

comply with the legislative intent expressed in section 794.005, Florida Statutes (Supp.1992). See also State

Anthony Alexander v. State of Florida

District Court of Appeal of Florida | Filed: Jul 23, 2025 | Docket: 70890937

Published

5 activity with a minor in violation of section 794.05(1), Florida Statutes (2019). In 2020, “sexual

Debose v. State of Florida

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455315

Published

unlawful sexual activity with a minor under section 794.05, Florida Statutes, and the unlawful use of

Marken Leger v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit | Filed: May 20, 2024 | Docket: 67993862

Published

Argued: Nov 9, 2023

Right of Privacy Under Florida Statutes § 794.05, 26 Stetson L. Rev. 407, 408, 417, 422

Khalid Hayat Chaudhry v. State of Florida

District Court of Appeal of Florida | Filed: Jan 31, 2024 | Docket: 68209003

Published

age” by “[a] person 24 years of age or older.” § 794.05(1), Fla. Stat. (2013). We affirmed his conviction

VINSON KEARSE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 2, 2023 | Docket: 67657804

Published

activity with certain minors in violation of section 794.05(1), and one count of lewd or lascivious molestation

Garrett Statler v. State of Florida

Supreme Court of Florida | Filed: Oct 13, 2022 | Docket: 65420647

Published

92-135, § 2, at 1089, Laws of Fla. (codified at § 794.005, Fla. Stat.). Since these amendments,

Ethan James Charles v. Jeff Johnson

Court of Appeals for the Eleventh Circuit | Filed: Nov 16, 2021 | Docket: 61447712

Published

Federal financial assistance . . . .” 29 U.S.C. § 794. 5 In order to recover under the Rehabilitation Act

United States v. Darrell Mark Babcock

Court of Appeals for the Eleventh Circuit | Filed: May 24, 2019 | Docket: 15673846

Published

at Babcock’s residence. See, e.g., Fla. Stat. § 794.05(1) (“Unlawful sexual activity with certain minors”);

Terry D. Ellison, Jr. v. State of Florida

268 So. 3d 1007

District Court of Appeal of Florida | Filed: Apr 29, 2019 | Docket: 15013079

Published

Petitioner’s offense, unlawful sexual activity under section 794.05, Florida Statutes, is not a listed offense

JAE-IL BYUN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 6, 2019 | Docket: 14618605

Published

in sexual activity with a sixteen year old. See § 794.05(1), Fla. Stat. (2015).

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-04.

257 So. 3d 370

Supreme Court of Florida | Filed: Nov 15, 2018 | Docket: 8193607

Published

UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS § 794.05, Fla. Stat. To prove the crime of Sexual

Hyre v. State

240 So. 3d 47

District Court of Appeal of Florida | Filed: Jan 19, 2018 | Docket: 64675473

Published

with one count of unlawful sexual activity. See § 794.05(1), Fla. Stat. (2014). The information alleged

CLARENCE TERRY v. STATE OF FLORIDA

224 So. 3d 763, 2017 WL 2983283, 2017 Fla. App. LEXIS 10053

District Court of Appeal of Florida | Filed: Jul 12, 2017 | Docket: 6088831

Published

convictions for thirteen counts of violating section 794.05(1), Florida Statutes (2014), which makes it

Mathis v. State

204 So. 3d 104, 2016 Fla. App. LEXIS 16914

District Court of Appeal of Florida | Filed: Nov 14, 2016 | Docket: 63630512

Published

defendant was 24 years of age or older, contrary to Section 794.05, Florida Statutes.” During Appellant’s trial

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2014-07

163 So. 3d 478, 40 Fla. L. Weekly Supp. 221, 2015 Fla. LEXIS 927, 2015 WL 1932145

Supreme Court of Florida | Filed: Apr 30, 2015 | Docket: 2653648

Published

UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS § 794.05, Fla. — Stat. To prove the crime of Sexual

Tulier v. State

147 So. 3d 1037, 2014 WL 4086814, 2014 Fla. App. LEXIS 12788

District Court of Appeal of Florida | Filed: Aug 20, 2014 | Docket: 1119460

Published

merely amounts to solicitation. We agree. Section 794.05(1), Florida Statutes (2011), provides as follows:

United States v. Raul Dagoberto Contreras

739 F.3d 592, 2014 WL 19856

Court of Appeals for the Eleventh Circuit | Filed: Jan 2, 2014 | Docket: 111671

Published

crime of violence. See Fla. Stat. § 794.005 (“[I]t was never intended that the sexual battery

Adams v. State

123 So. 3d 659, 2013 WL 5629444, 2013 Fla. App. LEXIS 16433

District Court of Appeal of Florida | Filed: Oct 16, 2013 | Docket: 60235145

Published

with a minor, a second-degree felony under section 794.05, Florida Statutes (2007). A defendant must

Tyson v. State

93 So. 3d 425, 2012 WL 2813995, 2012 Fla. App. LEXIS 11233

District Court of Appeal of Florida | Filed: Jul 11, 2012 | Docket: 60310583

Published

CF06-0600, Tyson was convicted of violating section 794.05, Florida Statutes (2005), a second-degree felony

Harvey v. State

68 So. 3d 255, 2010 Fla. App. LEXIS 14017, 2010 WL 3655697

District Court of Appeal of Florida | Filed: Sep 22, 2010 | Docket: 60302235

Published

or older with a person 16 or 17 years of age. § 794.05(1), Fla. Stat. (2006). She raises six arguments

State v. Richardson

963 So. 2d 267, 2007 Fla. App. LEXIS 11384, 2007 WL 2120134

District Court of Appeal of Florida | Filed: Jul 25, 2007 | Docket: 64851853

Published

unlawful sexual activity with a minor pursuant to section 794.05(1), Florida Statutes (2000), and contributing

Shuler v. State

947 So. 2d 1259, 2007 Fla. App. LEXIS 1214, 2007 WL 283051

District Court of Appeal of Florida | Filed: Feb 2, 2007 | Docket: 64848803

Published

sexual activity with a minor, in violation of section 794.05(1) of the Florida Statutes (2005). Because

Shuler v. State

947 So. 2d 1259, 2007 Fla. App. LEXIS 1214, 2007 WL 283051

District Court of Appeal of Florida | Filed: Feb 2, 2007 | Docket: 64848803

Published

sexual activity with a minor, in violation of section 794.05(1) of the Florida Statutes (2005). Because

Nune v. State

944 So. 2d 1173, 2006 Fla. App. LEXIS 20854, 2006 WL 3678508

District Court of Appeal of Florida | Filed: Dec 15, 2006 | Docket: 64848325

Published

the ac-knowledgement that contact occurred. See § 794.05(1), Fla. Stat. (2006); Hindenach v. State, 807

Womancare of Orlando, Inc. v. Agwunobi

448 F. Supp. 2d 1309, 2006 U.S. Dist. LEXIS 65293, 2006 WL 2528765

District Court, N.D. Florida | Filed: Feb 10, 2006 | Docket: 1883404

Published

of age commits a felony of the second degree." § 794.05(1). A person "21 years of age or older who impregnates

Neira v. State

847 So. 2d 1134, 2003 Fla. App. LEXIS 9385, 2003 WL 21459245

District Court of Appeal of Florida | Filed: Jun 25, 2003 | Docket: 64823468

Published

a seventeen-year-old minor in violation of section 794.05(1), Florida Statutes (2001).1 He argues that

State v. Metzler

791 So. 2d 565, 2001 Fla. App. LEXIS 11033, 2001 WL 877286

District Court of Appeal of Florida | Filed: Aug 6, 2001 | Docket: 64807408

Published

Therefore, the 1997 statute is applicable. .Section 794.05(1), Fla. Stat. (1999), provides that a “person

Campbell v. State

771 So. 2d 1205, 2000 Fla. App. LEXIS 13510, 2000 WL 1532910

District Court of Appeal of Florida | Filed: Oct 18, 2000 | Docket: 64801890

Published

the date on which he committed the offense. See § 794.05(2), Fla. Stat. (1997). We affirm the conviction

Lowery v. State

754 So. 2d 888, 2000 Fla. App. LEXIS 4419, 2000 WL 378204

District Court of Appeal of Florida | Filed: Apr 14, 2000 | Docket: 64796342

Published

738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). . § 794.05(1), Fla. Stat. (1999). . § 787.03(1), Fla. Stat

Moore v. Palilla

739 So. 2d 1228, 1999 WL 595020

District Court of Appeal of Florida | Filed: Aug 10, 1999 | Docket: 64790503

Published

a person 16 or 17 years of age, contrary to section 794.05, Florida Statutes (1997), and was convicted

State v. Pawloski

718 So. 2d 1264, 1998 Fla. App. LEXIS 12701, 1998 WL 698618

District Court of Appeal of Florida | Filed: Oct 9, 1998 | Docket: 64783466

Published

So.2d 1221 (Fla. 2d DCA 1998), i.e., whether section 794.05, Florida Statutes (Supp.1996) (the Statutory

Standard Jury Instructions in Criminal Cases (97-2)

723 So. 2d 123, 23 Fla. L. Weekly Supp. 407, 1998 Fla. LEXIS 1332, 1998 WL 394912

Supreme Court of Florida | Filed: Jul 16, 1998 | Docket: 64785070

Published

UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS F.S. 794.05 [NEW] Before you can find the defendant guilty

State v. A.R.S.

684 So. 2d 1383, 1996 Fla. App. LEXIS 13159

District Court of Appeal of Florida | Filed: Dec 19, 1996 | Docket: 64769871

Published

The supreme court in B.B. v. State1 held that section 794.05, Florida Statutes, which prohibits “unlawful

Nicholson v. State

639 So. 2d 1027, 1994 Fla. App. LEXIS 6640, 1994 WL 321677

District Court of Appeal of Florida | Filed: Jul 6, 1994 | Docket: 64749695

Published

591 So.2d 930 (Fla.1992). Further, although section 794.005, Florida Statutes (Supp.1992), which was passed

Conyers v. State

638 So. 2d 1055, 1994 WL 278155

District Court of Appeal of Florida | Filed: Jun 24, 1994 | Docket: 1169107

Published

also certified this issue in the context of section 794.05, Florida Statutes (1991), which prohibits carnal

State v. B.B.

637 So. 2d 936, 1994 Fla. App. LEXIS 4315

District Court of Appeal of Florida | Filed: May 6, 1994 | Docket: 64748843

Published

challenges the trial court’s order which declares section 794.05, Florida Statutes (1991), unconstitutional

Karchesky v. State

568 So. 2d 80, 1990 Fla. App. LEXIS 7496, 1990 WL 143339

District Court of Appeal of Florida | Filed: Oct 4, 1990 | Docket: 64653749

Published

person under the age of 18 years in violation of section 794.05, Florida Statutes (1985). The trial court denied

In Interest of M.C.N. v. State

511 So. 2d 1019, 12 Fla. L. Weekly 1790, 1987 Fla. App. LEXIS 9431

District Court of Appeal of Florida | Filed: Jul 23, 1987 | Docket: 64629064

Published

the proscription against “statutory rape,” § 794.05. § 794.05 Carnal intercourse with unmarried person

Karchesky v. State

509 So. 2d 403, 12 Fla. L. Weekly 1657, 1987 Fla. App. LEXIS 9149

District Court of Appeal of Florida | Filed: Jul 9, 1987 | Docket: 64628231

Published

defendant was charged with and convicted of section 794.05, Florida Statutes (1985) (carnal intercourse

Baines v. State

221 So. 2d 3, 1969 Fla. App. LEXIS 5878

District Court of Appeal of Florida | Filed: Apr 2, 1969 | Docket: 64509159

Published

Hi A separate section of the same chapter, Section 794.05, defines what is commonly referred to as “statutory

Wright v. State

199 So. 2d 321, 1967 Fla. App. LEXIS 4873

District Court of Appeal of Florida | Filed: May 30, 1967 | Docket: 64501066

Published

the subject criminal provision as set out in Section 794.05. Four basic elements form the proof of this

State ex rel. Bernstein v. Buchanan

172 So. 2d 476, 1965 Fla. App. LEXIS 4342

District Court of Appeal of Florida | Filed: Mar 9, 1965 | Docket: 64492248

Published

substantially charges a violation of the law, F.S. Section 794.05, F.S.A., that the Justice of the Peace Ruth

Hickman v. State

97 So. 2d 37

District Court of Appeal of Florida | Filed: Sep 18, 1957 | Docket: 64489438

Published

*38person be under the age of eighteen years. See section 794.05, Florida Statutes, F.S.A.; State v. Bowden