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.
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). “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). “§ 794.02, Fla. Stat. (Supp.1992); § 777.04(4)(c), Fla.”
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