Fla. Stat. » 794

794.011

Sexual battery.

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794.011 Sexual battery.—
(1) As used in this chapter:
(a) “Consent” means intelligent, knowing, and voluntary consent and does not include coerced submission. “Consent” shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.
(b) “Female genitals” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
(c) “Mentally defective” means a mental disease or defect which renders a person temporarily or permanently incapable of appraising the nature of his or her conduct.
(d) “Mentally incapacitated” means temporarily incapable of appraising or controlling a person’s own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to any other act committed upon that person without his or her consent.
(e) “Offender” means a person accused of a sexual offense in violation of a provision of this chapter.
(f) “Physically helpless” means unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act.
(g) “Physically incapacitated” means bodily impaired or handicapped and substantially limited in ability to resist or flee.
(h) “Retaliation” includes, but is not limited to, threats of future physical punishment, kidnapping, false imprisonment or forcible confinement, or extortion.
(i) “Serious personal injury” means great bodily harm or pain, permanent disability, or permanent disfigurement.
(j) “Sexual battery” means oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose.
(k) “Victim” means a person who has been the object of a sexual offense.
(2)(a) A person 18 years of age or older who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age commits a capital felony, punishable as provided in ss. 775.082 and 921.1425. In all capital cases under this section, the procedure set forth in s. 921.1425 shall be followed in order to determine a sentence of death or life imprisonment. If the prosecutor intends to seek the death penalty, the prosecutor must give notice to the defendant and file the notice with the court within 45 days after arraignment. The notice must contain a list of the aggravating factors the state intends to prove and has reason to believe it can prove beyond a reasonable doubt. The court may allow the prosecutor to amend the notice upon a showing of good cause.
(b) A person less than 18 years of age who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age commits a life felony, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
(3) A person who commits sexual battery upon a person 12 years of age or older, without that person’s consent, and in the process thereof:
(a) Uses or threatens to use a deadly weapon; or
(b) Uses actual physical force likely to cause serious personal injury,

commits a life felony, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.

(4)(a) A person 18 years of age or older who commits sexual battery upon a person 12 years of age or older but younger than 18 years of age without that person’s consent, under any of the circumstances listed in paragraph (e), commits a felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
(b) A person 18 years of age or older who commits sexual battery upon a person 18 years of age or older without that person’s consent, under any of the circumstances listed in paragraph (e), commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
(c) A person younger than 18 years of age who commits sexual battery upon a person 12 years of age or older without that person’s consent, under any of the circumstances listed in paragraph (e), commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
(d) A person commits a felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 if the person commits sexual battery upon a person 12 years of age or older without that person’s consent, under any of the circumstances listed in paragraph (e), and such person was previously convicted of a violation of:
1. Section 787.01(2) or s. 787.02(2) when the violation involved a victim who was a minor and, in the course of committing that violation, the defendant committed against the minor a sexual battery under this chapter or a lewd act under s. 800.04 or s. 847.0135(5);
2. Section 787.01(3)(a)2. or 3.;
3. Section 787.02(3)(a)2. or 3.;
4. Section 800.04;
5. Section 825.1025;
6. Section 847.0135(5); or
7. This chapter, excluding subsection (10) of this section.
(e) The following circumstances apply to paragraphs (a)-(d):
1. The victim is physically helpless to resist.
2. The offender coerces the victim to submit by threatening to use force or violence likely to cause serious personal injury on the victim, and the victim reasonably believes that the offender has the present ability to execute the threat.
3. The offender coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim reasonably believes that the offender has the ability to execute the threat in the future.
4. The offender, without the prior knowledge or consent of the victim, administers or has knowledge of someone else administering to the victim any narcotic, anesthetic, or other intoxicating substance that mentally or physically incapacitates the victim.
5. The victim is mentally defective, and the offender has reason to believe this or has actual knowledge of this fact.
6. The victim is physically incapacitated.
7. The offender is a law enforcement officer, correctional officer, or correctional probation officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), who is certified under s. 943.1395 or is an elected official exempt from such certification by virtue of s. 943.253, or any other person in a position of control or authority in a probation, community control, controlled release, detention, custodial, or similar setting, and such officer, official, or person is acting in such a manner as to lead the victim to reasonably believe that the offender is in a position of control or authority as an agent or employee of government.
(5)(a) A person 18 years of age or older who commits sexual battery upon a person 12 years of age or older but younger than 18 years of age, without that person’s consent, and in the process does not use physical force and violence likely to cause serious personal injury commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
(b) A person 18 years of age or older who commits sexual battery upon a person 18 years of age or older, without that person’s consent, and in the process does not use physical force and violence likely to cause serious personal injury commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
(c) A person younger than 18 years of age who commits sexual battery upon a person 12 years of age or older, without that person’s consent, and in the process does not use physical force and violence likely to cause serious personal injury commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
(d) A person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 if the person commits sexual battery upon a person 12 years of age or older, without that person’s consent, and in the process does not use physical force and violence likely to cause serious personal injury and the person was previously convicted of a violation of:
1. Section 787.01(2) or s. 787.02(2) when the violation involved a victim who was a minor and, in the course of committing that violation, the defendant committed against the minor a sexual battery under this chapter or a lewd act under s. 800.04 or s. 847.0135(5);
2. Section 787.01(3)(a)2. or 3.;
3. Section 787.02(3)(a)2. or 3.;
4. Section 800.04;
5. Section 825.1025;
6. Section 847.0135(5); or
7. This chapter, excluding subsection (10) of this section.
(6)(a) The offenses described in paragraphs (5)(a)-(c) are included in any sexual battery offense charged under subsection (3).
(b) The offense described in paragraph (5)(a) is included in an offense charged under paragraph (4)(a).
(c) The offense described in paragraph (5)(b) is included in an offense charged under paragraph (4)(b).
(d) The offense described in paragraph (5)(c) is included in an offense charged under paragraph (4)(c).
(e) The offense described in paragraph (5)(d) is included in an offense charged under paragraph (4)(d).
(7)(a) A person who is convicted of committing a sexual battery on or after October 1, 1992, is not eligible for basic gain-time under s. 944.275.
(b) Notwithstanding paragraph (a), for sentences imposed for offenses committed on or after July 1, 2023, a person who is convicted of committing or attempting, soliciting, or conspiring to commit a sexual battery in violation of this section is not eligible for basic gain-time under s. 944.275.
(c) This subsection may be cited as the “Junny Rios-Martinez, Jr. Act of 1992.”
(8) Without regard to the willingness or consent of the victim, which is not a defense to prosecution under this subsection, a person who is in a position of familial or custodial authority to a person less than 18 years of age and who:
(a) Solicits that person to engage in any act which would constitute sexual battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Engages in any act with that person while the person is 12 years of age or older but younger than 18 years of age which constitutes sexual battery commits a felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) Engages in any act with that person while the person is less than 12 years of age which constitutes sexual battery, or in an attempt to commit sexual battery injures the sexual organs of such person commits a capital or life felony, punishable pursuant to subsection (2).
(9) For prosecution under paragraph (4)(a), paragraph (4)(b), paragraph (4)(c), or paragraph (4)(d) which involves an offense committed under any of the circumstances listed in subparagraph (4)(e)7., acquiescence to a person reasonably believed by the victim to be in a position of authority or control does not constitute consent, and it is not a defense that the perpetrator was not actually in a position of control or authority if the circumstances were such as to lead the victim to reasonably believe that the person was in such a position.
(10) A person who falsely accuses a person listed in subparagraph (4)(e)7. or other person in a position of control or authority as an agent or employee of government of violating paragraph (4)(a), paragraph (4)(b), paragraph (4)(c), or paragraph (4)(d) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 2, ch. 74-121; s. 17, ch. 75-298; s. 1, ch. 84-86; s. 1, ch. 89-216; s. 3, ch. 92-135; s. 1, ch. 92-310; s. 3, ch. 93-156; s. 2, ch. 95-348; s. 99, ch. 99-3; s. 8, ch. 99-188; s. 1, ch. 2002-211; s. 3, ch. 2014-4; s. 5, ch. 2016-13; s. 5, ch. 2017-1; s. 4, ch. 2022-165; s. 1, ch. 2023-25; s. 1, ch. 2023-146.
Notes of Decisions
Cited in 1,229 cases (92 in the last 5 years), 1974–2026 · leading case: Gilbert Dudley, III v. State of Florida
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Gilbert Dudley, III v. State of Florida (2014) fla · cites it 47× “§ 794.011, Fla. Stat. The term “mentally defective,” which is the focal point of our analysis, is defined by section 794.”
United States v. Edwin DeShazior (2018) ca11 · cites it 12× “The Probation Office prepared a Presentence Investigation Report ("PSI") which indicated that Deshazior was subject to a fifteen-year statutory mandatory minimum sentence under the ACCA based on the following prior felony convictions under Florida law: (i) a 1989 conviction for…”
Gould v. State (1991) fla · cites it 33× “[3] Section 794.011, Florida Statutes (1985), provides: (4) A person who commits sexual battery upon a person 12 years of age or older, without that person's consent, under any of the following circumstances is guilty of a felony of the first degree, punishable as provided in s.”
State v. Meshell (2009) fla · cites it 16× “Although the Fifth District reversed the trial court's judgment, holding that pursuant to its precedent the convictions for both Counts 1 and 3 violated double jeopardy, the district court noted that its ruling was inconsistent with various Florida district court of appeal…”
James Houston Roughton v. State of Florida (2016) fla · cites it 13× “§ 794.011(1 )(h), (2)(a), Fla. Stat. (2008).”
Shaara v. State (1991) fladistctapp · cites it 42× “For reasons not explained nor made apparent in the record, the jury instructions on the sexual battery *1341 counts, prepared by the state and approved by defense counsel and the court, were phrased in terms of sexual battery by use of a deadly weapon, an offense proscribed by…”
Williams v. State (2007) fla · cites it 16× “2d at 1079 , created the possibility that one or more of the offenses specified in that statute could constitute lesser included offenses to sexual battery under section 794.011. In determining whether lewd or lascivious battery is a permissive lesser included offense of sexual…”
Adaway v. State (2005) fla · cites it 12× “Adaway's conduct, oral-vaginal union, would not have constituted capital sexual battery before the 1974 amendment to section 794.011. [5] For a life felony committed after July 1, 1995, the trial court may impose a term of imprisonment of life or a term of years not exceeding…”
State v. Rife (2001) fla · cites it 11× “Section 794.011(1)(a), Florida Statutes (1997), provides that "`Consent' means intelligent, knowing, and voluntary consent and does not include coerced submission.”
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-INSTRUCTIONS 7.8, 7.8(A), and 11.1-11.6(A) (2016) fla · cites it 38× “§ 794.011(1) (c), Fla. Stat. “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her…”
Mathis v. State (1996) fladistctapp · cites it 20× “Bryant was not familiar with the term "mentally defective," as defined in section 794.011. Of critical importance is the fact that Ms.”
Boyd v. State (2005) fla · cites it 6× “" § 794.011(1)(a), Fla. Stat. (1997). The State presented substantial evidence that Boyd sexually battered Dacosta, including evidence that Boyd and Dacosta did not know each other before she encountered Boyd while looking for a ride back to her vehicle after obtaining gas at…”
Show all 1,229 citing cases →
— 794.011(1) — 7 cases
Coley v. State (1993) fladistctapp
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-INSTRUCTIONS 7.8, 7.8(A), and 11.1-11.6(A) (2016) fla “§ 794.011(1) (c), Fla. Stat. “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her…”
Marcus Jamal Graham v. State of Florida (2015) fladistctapp
Wilson v. State (1993) fladistctapp
Gary Flores v. State of Florida (2024) fladistctapp
— 794.011(1)(a) — 15 cases
State v. Rife (2001) fla “Section 794.011(1)(a), Florida Statutes (1997), provides that "`Consent' means intelligent, knowing, and voluntary consent and does not include coerced submission.”
Boyd v. State (2005) fla “" § 794.011(1)(a), Fla. Stat. (1997). The State presented substantial evidence that Boyd sexually battered Dacosta, including evidence that Boyd and Dacosta did not know each other before she encountered Boyd while looking for a ride back to her vehicle after obtaining gas at…”
Thomas v. State (2004) fla
Dinkens v. State (2008) fladistctapp
STEPHEN STUBBS v. STATE OF FLORIDA (2019) fladistctapp
— 794.011(1)(b) — 10 cases
Gilbert Dudley, III v. State of Florida (2014) fla “§ 794.011, Fla. Stat. The term “mentally defective,” which is the focal point of our analysis, is defined by section 794.”
Mathis v. State (1996) fladistctapp “Bryant was not familiar with the term "mentally defective," as defined in section 794.011. Of critical importance is the fact that Ms.”
State v. Dudley (2011) fladistctapp
Dinkens v. State (2008) fladistctapp
Schimele v. State (2001) fladistctapp
— 794.011(1)(c) — 2 cases
Coley v. State (1993) fladistctapp
JAMES AMELIO v. STATE OF FLORIDA (2018) fladistctapp
— 794.011(1)(d) — 2 cases
Perez v. State (1985) fladistctapp
McIlwain v. State (1981) fladistctapp
— 794.011(1)(e) — 10 cases
Coley v. State (1993) fladistctapp
State v. Subido (2006) fladistctapp
Arroyo v. State (2018) fladistctapp
Gould v. State (1990) fladistctapp
Hufham v. State (1981) fladistctapp
— 794.011(1)(f) — 19 cases
Lanier v. State (1983) fladistctapp
Coleman v. State (1986) fladistctapp
Hodges v. State (1981) fladistctapp
Hendricks v. State (1978) fladistctapp
Banks v. State (1976) fla
— 794.011(1)(g) — 4 cases
State v. Meshell (2009) fla “Although the Fifth District reversed the trial court's judgment, holding that pursuant to its precedent the convictions for both Counts 1 and 3 violated double jeopardy, the district court noted that its ruling was inconsistent with various Florida district court of appeal…”
Saavedra v. State (1991) fladistctapp
Alonso v. State (2002) fladistctapp
Dylan Robinson v. State of Florida (2018) fladistctapp
— 794.011(1)(h) — 100 cases
Adaway v. State (2005) fla “Adaway's conduct, oral-vaginal union, would not have constituted capital sexual battery before the 1974 amendment to section 794.011. [5] For a life felony committed after July 1, 1995, the trial court may impose a term of imprisonment of life or a term of years not exceeding…”
James Houston Roughton v. State of Florida (2016) fla “§ 794.011(1 )(h), (2)(a), Fla. Stat. (2008).”
Bottoson v. Moore (2002) fla
Corona v. State (2011) fla
Boyd v. State (2005) fla “" § 794.011(1)(a), Fla. Stat. (1997). The State presented substantial evidence that Boyd sexually battered Dacosta, including evidence that Boyd and Dacosta did not know each other before she encountered Boyd while looking for a ride back to her vehicle after obtaining gas at…”
— 794.011(1)(i) — 2 cases
GEORGE O. SHRADER v. STATE OF FLORIDA (2019) fladistctapp
Shrader v. Secretary, Department of Corrections (Hillsborough County) (2025) flmd
— 794.011(1)(j) — 7 cases
Arroyo v. State (2018) fladistctapp
Soukup v. State (2000) fladistctapp
Gary Flores v. State of Florida (2024) fladistctapp
Anthony Alexander v. State of Florida (2025) fladistctapp
NIMER ABDALLAH v. THE STATE OF FLORIDA (2021) fladistctapp
— 794.011(10) — 5 cases
John Doe 1 v. Miami-Dade County (2017) ca11
In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT. (2018) fla
Harvey v. State (2009) fladistctapp
John Doe 1 v. Miami-Dade County (2016) ca11
In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report (2018) fla
— 794.011(2) — 277 cases
Banks v. State (1976) fla
Rusaw v. State (1984) fla
Adaway v. State (2005) fla “Adaway's conduct, oral-vaginal union, would not have constituted capital sexual battery before the 1974 amendment to section 794.011. [5] For a life felony committed after July 1, 1995, the trial court may impose a term of imprisonment of life or a term of years not exceeding…”
State v. Boatwright (1990) fla
Velazquez v. State (1995) fladistctapp
— 794.011(2)(B) — 1 case
Riley v. State (2004) fladistctapp
— 794.011(2)(a) — 100 cases
James Houston Roughton v. State of Florida (2016) fla “§ 794.011(1 )(h), (2)(a), Fla. Stat. (2008).”
Ralph Monroe v. State of Florida (2016) fla
Welsh v. State (2003) fla
Baugh v. State (2007) fla
Beber v. State (2004) fla
— 794.011(2)(a)(b) — 1 case
Ralph Monroe v. State of Florida (2016) fla
— 794.011(2)(b) — 23 cases
Therrien v. State (2003) fladistctapp
Hernandez v. State (2007) fladistctapp
State v. J.M. (2002) fla
Stephen C. Hanf v. State of Florida (2015) fladistctapp
State v. Surin (2006) fladistctapp
— 794.011(3) — 225 cases
Williams v. State (2007) fla “2d at 1079 , created the possibility that one or more of the offenses specified in that statute could constitute lesser included offenses to sexual battery under section 794.011. In determining whether lewd or lascivious battery is a permissive lesser included offense of sexual…”
Holton v. State (1991) fla
McWatters v. State (2010) fla
Shaara v. State (1991) fladistctapp “For reasons not explained nor made apparent in the record, the jury instructions on the sexual battery *1341 counts, prepared by the state and approved by defense counsel and the court, were phrased in terms of sexual battery by use of a deadly weapon, an offense proscribed by…”
Cotton v. State (1981) fladistctapp
— 794.011(4) — 47 cases
Standard Jury Instructions in Criminal Cases (95-1) (1995) fla
Standard Jury Instructions in Criminal Cases-Submission 2002-1 (2003) fla
Dautel v. State (1995) fla
Shaara v. State (1991) fladistctapp “For reasons not explained nor made apparent in the record, the jury instructions on the sexual battery *1341 counts, prepared by the state and approved by defense counsel and the court, were phrased in terms of sexual battery by use of a deadly weapon, an offense proscribed by…”
Florida Bar Re Standard Jury Instructions—Criminal (1987) fla
— 794.011(4)(a) — 38 cases
Gould v. State (1991) fla “[3] Section 794.011, Florida Statutes (1985), provides: (4) A person who commits sexual battery upon a person 12 years of age or older, without that person's consent, under any of the following circumstances is guilty of a felony of the first degree, punishable as provided in s.”
Shaara v. State (1991) fladistctapp “For reasons not explained nor made apparent in the record, the jury instructions on the sexual battery *1341 counts, prepared by the state and approved by defense counsel and the court, were phrased in terms of sexual battery by use of a deadly weapon, an offense proscribed by…”
Stephen Olenchak v. State of Florida (2016) fladistctapp
Espindola v. State (2003) fladistctapp
State v. Sedia (1993) fladistctapp
— 794.011(4)(a)(d) — 1 case
Coley v. State (1993) fladistctapp
— 794.011(4)(b) — 53 cases
Shaara v. State (1991) fladistctapp “For reasons not explained nor made apparent in the record, the jury instructions on the sexual battery *1341 counts, prepared by the state and approved by defense counsel and the court, were phrased in terms of sexual battery by use of a deadly weapon, an offense proscribed by…”
Hodges v. State (1980) fladistctapp
Gillespie v. State (1983) fladistctapp
Smith v. State (1978) fladistctapp
United States v. Andres Gomez (2020) ca11
— 794.011(4)(c) — 9 cases
Hitchcock v. State (2008) fla
Yesnes v. State (1983) fladistctapp
Allen v. State (1996) fladistctapp
MacIas v. State (2007) fladistctapp
Ospina v. State (1991) fladistctapp
— 794.011(4)(d) — 2 cases
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-INSTRUCTIONS 7.8, 7.8(A), and 11.1-11.6(A) (2016) fla “§ 794.011(1) (c), Fla. Stat. “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her…”
State v. Colley (1999) fladistctapp
— 794.011(4)(e) — 45 cases
Coleman v. State (1986) fladistctapp
Gilbert Dudley, III v. State of Florida (2014) fla “§ 794.011, Fla. Stat. The term “mentally defective,” which is the focal point of our analysis, is defined by section 794.”
Hoover v. State (1987) fladistctapp
Donton v. State (2009) fladistctapp
State v. Rawls (1994) fla
— 794.011(4)(e)(4) — 1 case
Garrett Statler v. State of Florida (2022) fla
— 794.011(4)(e)(5) — 1 case
Garrett Statler v. State of Florida (2022) fla
— 794.011(4)(f) — 7 cases
Price v. State (2008) fla
State v. Anderson (1997) fla
Soukup v. State (2000) fladistctapp
Thompson v. State (1994) fla
Shaara v. State (1991) fladistctapp “For reasons not explained nor made apparent in the record, the jury instructions on the sexual battery *1341 counts, prepared by the state and approved by defense counsel and the court, were phrased in terms of sexual battery by use of a deadly weapon, an offense proscribed by…”
— 794.011(4)(g) — 1 case
BLEIWEISS v. State (2009) fladistctapp
— 794.011(5) — 188 cases
Gould v. State (1991) fla “[3] Section 794.011, Florida Statutes (1985), provides: (4) A person who commits sexual battery upon a person 12 years of age or older, without that person's consent, under any of the following circumstances is guilty of a felony of the first degree, punishable as provided in s.”
Hodges v. State (1980) fladistctapp
Standard Jury Instructions in Criminal Cases (95-1) (1995) fla
Gould v. State (1990) fladistctapp
Shaara v. State (1991) fladistctapp “For reasons not explained nor made apparent in the record, the jury instructions on the sexual battery *1341 counts, prepared by the state and approved by defense counsel and the court, were phrased in terms of sexual battery by use of a deadly weapon, an offense proscribed by…”
— 794.011(5)(a) — 11 cases
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-INSTRUCTIONS 7.8, 7.8(A), and 11.1-11.6(A) (2016) fla “§ 794.011(1) (c), Fla. Stat. “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her…”
Vernord Lavon Bright v. State of Florida (2016) fladistctapp
Christopher J. Mars v. State of Florida (2018) fladistctapp
Henry James Washington v. State of Florida (2021) fladistctapp
Dominguez v. State of Florida (2026) fladistctapp
— 794.011(5)(b) — 8 cases
United States v. Andres Gomez (2020) ca11
Garrett Statler v. State of Florida (2022) fla
Steven Earl Kimmons v. State of Florida (2019) fladistctapp
Debose v. State of Florida (2024) fladistctapp
JOSE REYNA v. STATE OF FLORIDA (2020) fladistctapp
— 794.011(5)(d) — 1 case
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-INSTRUCTIONS 7.8, 7.8(A), and 11.1-11.6(A) (2016) fla “§ 794.011(1) (c), Fla. Stat. “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her…”
— 794.011(6) — 8 cases
Mathis v. State (1996) fladistctapp “Bryant was not familiar with the term "mentally defective," as defined in section 794.011. Of critical importance is the fact that Ms.”
Coley v. State (1993) fladistctapp
Interest of B.T. v. State (1991) fladistctapp
Huffman v. State (1974) fladistctapp
State v. HAUBRICK (2008) fladistctapp
— 794.011(6)(a) — 1 case
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-INSTRUCTIONS 7.8, 7.8(A), and 11.1-11.6(A) (2016) fla “§ 794.011(1) (c), Fla. Stat. “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her…”
— 794.011(6)(b) — 1 case
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-INSTRUCTIONS 7.8, 7.8(A), and 11.1-11.6(A) (2016) fla “§ 794.011(1) (c), Fla. Stat. “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her…”
— 794.011(7) — 9 cases
Zopf v. Singletary (1996) fladistctapp
Hoch v. State (1996) fladistctapp
Jones v. State (2002) fladistctapp
Lee v. State (2000) fladistctapp
Freels v. State (1997) fladistctapp
— 794.011(8) — 20 cases
State v. Rife (2001) fla “Section 794.011(1)(a), Florida Statutes (1997), provides that "`Consent' means intelligent, knowing, and voluntary consent and does not include coerced submission.”
State v. Partlow (2003) fla
Clements v. State (2007) fladistctapp
Robinson v. State (2017) fladistctapp
Collie v. State (1998) fladistctapp
— 794.011(8)(a) — 10 cases
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-INSTRUCTIONS 7.8, 7.8(A), and 11.1-11.6(A) (2016) fla “§ 794.011(1) (c), Fla. Stat. “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her…”
Guardian Ad Litem Program v. M.H., the Father, and W.S., the Mother (2016) fladistctapp
Thomas E. Taylor v. United States (2005) ca11
Durant v. State (2012) fladistctapp
Carlos J. Acevedo v. State of Florida (2015) fladistctapp
— 794.011(8)(b) — 72 cases
State v. Rife (2001) fla “Section 794.011(1)(a), Florida Statutes (1997), provides that "`Consent' means intelligent, knowing, and voluntary consent and does not include coerced submission.”
Hess v. State (2001) fla
Roberts v. State (1998) fladistctapp
Rutledge v. State (2009) fladistctapp
Chavis v. State (2001) fladistctapp
— 794.011(8)(c) — 1 case
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-INSTRUCTIONS 7.8, 7.8(A), and 11.1-11.6(A) (2016) fla “§ 794.011(1) (c), Fla. Stat. “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her…”
— 794.011(b) — 1 case
Hudson v. State (2006) fladistctapp
— 794.011(f) — 3 cases
Adaway v. State (2005) fla “Adaway's conduct, oral-vaginal union, would not have constituted capital sexual battery before the 1974 amendment to section 794.011. [5] For a life felony committed after July 1, 1995, the trial court may impose a term of imprisonment of life or a term of years not exceeding…”
Gibson v. State (1998) fladistctapp
Begley v. State (1986) fladistctapp
— 794.011(h) — 5 cases
James Houston Roughton v. State of Florida (2016) fla “§ 794.011(1 )(h), (2)(a), Fla. Stat. (2008).”
Gould v. State (1991) fla “[3] Section 794.011, Florida Statutes (1985), provides: (4) A person who commits sexual battery upon a person 12 years of age or older, without that person's consent, under any of the following circumstances is guilty of a felony of the first degree, punishable as provided in s.”
Guardian Ad Litem Program v. C.W. (In re X.W.) (2018) fladistctapp
GUARDIAN AD LITEM PROGRAM v. DEPT. OF CHILDREN & FAMILIES (2018) fladistctapp
State v. Phillips (1990) flacirct
— 794.011(h)(3) — 1 case
James Ernest Hitchcock v. Louie L. Wainwright (1985) ca11
— 794.011(l)(a) — 2 cases
Caylor v. State (2011) fla
State v. Nardi (2001) fladistctapp
— 794.011(l)(b) — 5 cases
Bowman v. State (2000) fladistctapp
Schroeder v. State (1998) fladistctapp
Cabrera v. State (2008) fladistctapp
Kever v. State (1998) fladistctapp
Santos v. State (2013) missctapp
— 794.011(l)(e) — 1 case
Jones v. State (1985) fladistctapp
— 794.011(l)(f) — 2 cases
Morgan v. State (2014) fladistctapp
LaMarca v. Turner (1987) flsd
— 794.011(l)(g) — 1 case
State v. Meshell (2009) fla “Although the Fifth District reversed the trial court's judgment, holding that pursuant to its precedent the convictions for both Counts 1 and 3 violated double jeopardy, the district court noted that its ruling was inconsistent with various Florida district court of appeal…”
— 794.011(l)(h) — 36 cases
State v. Meshell (2009) fla “Although the Fifth District reversed the trial court's judgment, holding that pursuant to its precedent the convictions for both Counts 1 and 3 violated double jeopardy, the district court noted that its ruling was inconsistent with various Florida district court of appeal…”
Caylor v. State (2011) fla
Fleming v. State (2017) fladistctapp
Thomas E. Taylor v. United States (2005) ca11
Hendricks v. State (2010) fladistctapp
— 794.011(l)(j) — 1 case
Davis v. State (1990) fladistctapp
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.

This Florida statute resource is curated by the attorney maintaining this site, a Jacksonville, Florida criminal defense attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 794 matters in the context of sexual battery defense and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.