Florida Statutes

Fla. Stat. § 794.02 (2025)

Common-law presumption relating to age abolished.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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794.02 Common-law presumption relating to age abolished.The common-law rule “that a boy under 14 years of age is conclusively presumed to be incapable of committing the crime of rape” shall not be in force in this state.
History.s. 1, ch. 4964, 1901; GS 3222; RGS 5052; CGL 7154; s. 2, ch. 74-121.
Notes of Decisions
Cited in 2 cases, 1989–2007 · leading case: State v. Burch, 545 So. 2d 279 (Fla. 4th DCA 1989).
State v. Burch, 545 So. 2d 279 (Fla. 4th DCA 1989). · cites it 2× “See section 794.02, Florida Statutes (1987). Likewise, we are of the opinion that ignorance of the distance to a schoolyard is no excuse.”
Spearing v. State, 947 So. 2d 1235 (Fla. 1st DCA 2007). · cites it 2× “§ 794.02, Fla. Stat. (Supp.1992); § 777.04(4)(c), Fla.”
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This Florida statute resource is curated by a Jacksonville criminal defense lawyer, 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.