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Fla. Stat. § 794.023 (2025)

Sexual battery by multiple perpetrators; reclassification of offenses.

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794.023 Sexual battery by multiple perpetrators; reclassification of offenses.—
(1) The Legislature finds that an act of sexual battery, when committed by more than one person, presents a great danger to the public and is extremely offensive to civilized society. It is therefore the intent of the Legislature to reclassify offenses for acts of sexual battery committed by more than one person.
(2) A violation of s. 794.011 shall be reclassified as provided in this subsection if it is charged and proven by the prosecution that, during the same criminal transaction or episode, more than one person committed an act of sexual battery on the same victim.
(a) A felony of the second degree is reclassified to a felony of the first degree.
(b) A felony of the first degree is reclassified to a life felony.

This subsection does not apply to life felonies or capital felonies. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

History.—s. 4, ch. 84-86; s. 17, ch. 93-156; s. 24, ch. 95-184; s. 20, ch. 97-194; s. 2, ch. 99-172.

Arrestable Offenses under F.S. 794.023

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§794.023(2)SEX ASSLTGT 1 PERSON COMMIT 2ND DEG FEL SEX BATT 1 VICF · 1st
§794.023(2)SEX ASSLTGT 1 PERSON COMMIT 1ST DEG FEL SEX BATT 1 VICF
§794.023(2a)SEX ASSLTREMOVEDF · 1st
§794.023(2b)SEX ASSLTREMOVEDF
Notes of Decisions
Cited in 33 cases, 1987–2018 · leading case: Stand. Jury Instructions in Crim. Cases-Submission 2002-1, 850 So. 2d 1272 (Fla. 2003).
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Stand. Jury Instructions in Crim. Cases-Submission 2002-1, 850 So. 2d 1272 (Fla. 2003). · cites it 4× “fa-fee- event that-multiple perpetrators is charged and proven, give instruction-on enhancement, § 794.023, Fla.Stat. The option of the word “[with] (victim)” in 2a is provided to reflect the manner in which the crime was committed.”
Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003). · cites it 2× “(sexual battery on physically incapacitated victim is a first-degree felony); § 794.023(2)(b), Fla. Stat. (reclassifying all first degree sexual batteries as life felonies if committed by multiple perpetrators).”
Florida Bar Re Stand. Jury Instructions—Crim., 508 So. 2d 1221 (Fla. 1987). · cites it 4× “Note to Judge In the event of multiple perpetrators, give instruction on enhancement, F.S. 794.023. Note to Judge The option of the word “[with] (victim)” in 2a and 2c is provided to reflect the manner in which the crime was committed.”
In Re Stand. Jury Instruct. in Crim. Cases No. 2008-04, 995 So. 2d 476 (Fla. 2008). · cites it 4× “§ 794.023, Fla. Stat. The option of the word " [with] (victim)" in 2a is provided to reflect the manner in which the crime was committed.”
Stand. Jury Inst. in Cr. Cases No. 2006-2, 962 So. 2d 310 (Fla. 2007). · cites it 2× “§ 794.023, Fla. Stat. The option of the word "[with] (victim)" in 2a and 2c is provided to reflect the manner in which the crime was committed.”
Newman v. State, 738 So. 2d 981 (Fla. 2d DCA 1999). · cites it 9× “Section 794.023 was one of the statutes amended in October 1995 to include the "boilerplate" language referred to in the Cabal opinion.”
Gifford v. State, 744 So. 2d 1046 (Fla. 4th DCA 1999). · cites it 6× “The court concluded that although attempted sexual battery is a third degree felony, under section 794.023, Florida Statutes (1997), a sexual battery committed by multiple offenders warrants an enhanced penalty, thereby justifying the increase of Gifford's offense to a second…”
Stand. Jury Instructions-Crim. Cases, 603 So. 2d 1175 (Fla. 1992). “Note to In the event of multiple perpetrators, give instruction on Judge enhancement, F.S. 794.023. Note to The option of the word "[with] (victim)" in 2a is provided Judge to reflect the manner in which the crime was committed.”
In Re Stand. Jury Instructions in Crim. Cases-instructions 7.8, 7.8(a), & 11.1-11.6(a), 190 So. 3d 1055 (Fla. 2016). · cites it 2× “See § 794.023, Fla. Stat. This instruction was adopted in 1981 and was amended in 1987 [ 508 So.”
Cuevas v. State, 741 So. 2d 1234 (Fla. 5th DCA 1999). · cites it 4× “This instruction would be similar to, but in the reverse direction, the instruction on lesser included offenses.”
Stand. Jury Instructions in Crim. Cases (95-1), 657 So. 2d 1152 (Fla. 1995). “Note to judge In the event of multiple perpetrators, give instruction on enhancement, F.S. 794.023. Note to judge The option of the word “[with] (victim)” in 2a is provided to reflect the manner in which the crime was committed.”
State v. Smith, 668 So. 2d 639 (Fla. 5th DCA 1996). · cites it 2× “Additionally, section 794.023, Florida Statutes (1993) mandates an enhanced penalty for acts of sexual battery committed by more than one person based upon a public policy that such acts are a danger to the public and offensive to civilized society.”
Show all 33 citing cases →
794.023(1): 1 case
Newman v. State, 738 So. 2d 981 (Fla. 2d DCA 1999). “Section 794.023 was one of the statutes amended in October 1995 to include the "boilerplate" language referred to in the Cabal opinion.”
794.023(2): 2 cases
Cuevas v. State, 741 So. 2d 1234 (Fla. 5th DCA 1999). “This instruction would be similar to, but in the reverse direction, the instruction on lesser included offenses.”
Allen v. State, 982 So. 2d 1280 (Fla. 1st DCA 2008).
794.023(2)(a): 3 cases
Newman v. State, 738 So. 2d 981 (Fla. 2d DCA 1999). “Section 794.023 was one of the statutes amended in October 1995 to include the "boilerplate" language referred to in the Cabal opinion.”
Newman v. State, 782 So. 2d 462 (Fla. 2d DCA 2001).
Keaton v. State, 744 So. 2d 1235 (Fla. 5th DCA 1999).
794.023(2)(b): 2 cases
Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003). “(sexual battery on physically incapacitated victim is a first-degree felony); § 794.023(2)(b), Fla. Stat. (reclassifying all first degree sexual batteries as life felonies if committed by multiple perpetrators).”
Clark v. State, 969 So. 2d 573 (Fla. 1st DCA 2007).
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 Florida Bar member Graham W. Syfert, 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.