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Florida Statute 794.05 | Lawyer Caselaw & Research
F.S. 794.05 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 794
SEXUAL BATTERY
View Entire Chapter
F.S. 794.05
794.05 Unlawful sexual activity with certain minors.
(1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) As used in this section, the term:
(a) “Female genitals” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
(b) “Sexual activity” 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 activity does not include an act done for a bona fide medical purpose.
(3) The provisions of this section do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743.
(4) The victim’s prior sexual conduct is not a relevant issue in a prosecution under this section.
(5) If an offense under this section directly results in the victim giving birth to a child, paternity of that child shall be established as described in chapter 742. If it is determined that the offender is the father of the child, the offender must pay child support pursuant to the child support guidelines described in chapter 61.
History.RS 2598; s. 1, ch. 4965, 1901; GS 3521; s. 1, ch. 6974, 1915; s. 1, ch. 7732, 1918; RGS 5409; s. 1, ch. 8596, 1921; CGL 7552; s. 1, ch. 61-109; s. 759, ch. 71-136; s. 1, ch. 96-409; s. 5, ch. 2014-4; s. 5, ch. 2022-165.

F.S. 794.05 on Google Scholar

F.S. 794.05 on Casetext

Amendments to 794.05


Arrestable Offenses / Crimes under Fla. Stat. 794.05
Level: Degree
Misdemeanor/Felony: First/Second/Third

S794.05 - SEX ASSLT - RENUMBERED. SEE REC # 2711 - F: S
S794.05 1 - SEX ASSLT - BY 24 YOA OLDER SEX BATT VICTIM 16 OR 17 YOA - F: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

D. ELLISON, Jr. v. STATE, 268 So. 3d 1007 (Fla. App. Ct. 2019)

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

STUBBS, v. STATE, 275 So. 3d 631 (Fla. App. Ct. 2019)

. . . Stubbs was convicted after a jury trial of unlawful sexual activity with a minor in violation of section 794.05 . . . Stubbs was charged with unlawful sexual activity with a minor in violation of section 794.05(1), Florida . . . By describing violations of section 794.05, Witness 1 testified about acts that fall within the statutory . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 257 So. 3d 370 (Fla. 2018)

. . . APPENDIX 11.7 UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS § 794.05, Fla. Stat. . . . Give if applicable. § 794.05(1), Fla. Stat. . . . Give if requested. § 794.05(3), Fla. Stat. . . . Lesser Included Offenses UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS - 794.05 CATEGORY ONE CATEGORY . . . If removal of the disabilities of nonage is raised as an issue pursuant to § 794.05(2), Fla. . . .

HYRE, v. STATE, 240 So. 3d 47 (Fla. App. Ct. 2018)

. . . See § 794.05(1), Fla. Stat. (2014). . . . cases applying section 90.803(23) where the charge is unlawful sexual activity pursuant to section 794.05 . . . was amended as of January 2014 to increase the age of the child from eleven to sixteen, and section 794.05 . . .

TERRY, v. STATE, 224 So. 3d 763 (Fla. Dist. Ct. App. 2017)

. . . Appellant appeals his convictions for thirteen counts of violating section 794.05(1), Florida Statutes . . .

ESQUIVEL- QUINTANA, v. B. SESSIONS III,, 137 S. Ct. 1562 (U.S. 2017)

. . . . § 794.05(1) (1991) Idaho Idaho Code Ann. § 18-6101(1) (Supp. 1996) Mississippi Miss. . . .

SMITH, v. STATE, 211 So. 3d 176 (Fla. Dist. Ct. App. 2016)

. . . this section, whichever time is greater. (13)(a) If the victim of a violation of s. 794.011, former s. 794.05 . . .

GOSLING, v. STATE, 205 So. 3d 860 (Fla. Dist. Ct. App. 2016)

. . . s. 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.794.011, excluding s. 794.011(10); s. 794.05 . . .

ROMANO, v. STATE, 205 So. 3d 828 (Fla. Dist. Ct. App. 2016)

. . . See §§ 794.05, 775.082(3)(c), Fla. Stat. (2004); Cilio v. . . .

MATHIS, v. STATE, 204 So.3d 104 (Fla. Dist. Ct. App. 2016)

. . . with, the sexual organ of another, and the defendant was 24 years of age or older, contrary to Section 794.05 . . . sexual activity with a sixteen- or seventeen-year-old, a second-degree felony prohibited by section 794.05 . . . agency or other governmental agency, whichever occurs earlier” for violations of “s. 794.011, former s. 794.05 . . . to the crime of unlawful sexual activity with a minor, the offense currently prohibited by section 794.05 . . .

SENGER, v. STATE, 200 So. 3d 137 (Fla. Dist. Ct. App. 2016)

. . . and the defendant is not the victim’s parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05 . . .

COTTON, v. STATE, 176 So. 3d 310 (Fla. Dist. Ct. App. 2015)

. . . 787.025(2)(c), s. 787.06(3)(g), former s. 787.06(3)(h), s. 794.011, excluding s. 794.011(10), • s. 794.05 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 163 So. 3d 478 (Fla. 2015)

. . . Comment This instruction was adopted in July 499& 11.7 UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS § 794.05 . . . Lesser Included Offenses UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS — 794.05 CATEGORY ONE CATEGORY . . . If removal of the disabilities of nonage is raised as an issue pursuant to § 794.05(2), Fla. — Stat., . . .

UNITED STATES v. L. WRIGHT,, 774 F.3d 1085 (6th Cir. 2014)

. . . . § 794.05(l)-(2). .Wright does not appeal his conviction of possessing child pornography (count 7). . . .

TULIER, v. STATE, 147 So. 3d 1037 (Fla. Dist. Ct. App. 2014)

. . . Section 794.05(1), Florida Statutes (2011), provides as follows: A person [twenty-four] years of age . . .

UNITED STATES v. GOMEZ,, 757 F.3d 885 (9th Cir. 2014)

. . . . § 794.05(1); Haw.Rev.Stat. § 707-730(c); Idaho Code Ann. § 18-6101(1); 720 Ill. Comp. . . . Ann. § 794.05(1); Haw.Rev.Stat. § 707-730(c); 720 Ill. Comp. . . . Ann. § 794.05(1); Haw.Rev.Stat. § 707-730(c); 720 Ill. Comp. Stat. 5/11-1.60(d); Ky.Rev. Stat. . . .

RAMIREZ, v. STATE, 133 So. 3d 648 (Fla. Dist. Ct. App. 2014)

. . . criminal action in which the defendant is charged with a crime against a victim under s. 794.011; s. 794.05 . . .

CLEVELAND, Jr. v. STATE, 135 So. 3d 425 (Fla. Dist. Ct. App. 2014)

. . . reversing a conviction for soliciting unlawful sexual activity with minors, in violation of sections 794.05 . . .

JONES, v. STATE, 127 So. 3d 622 (Fla. Dist. Ct. App. 2013)

. . . unlawful sexual activity with a minor by a person 24 years of age or older, in violation of section 794.05 . . .

ADAMS, v. STATE, 123 So. 3d 659 (Fla. Dist. Ct. App. 2013)

. . . convicted of two counts of unlawful sexual activity with a minor, a second-degree felony under section 794.05 . . .

PRIVETT, v. STATE, 110 So. 3d 543 (Fla. Dist. Ct. App. 2013)

. . . conviction on count two for soliciting unlawful sexual activity with minors, in violation of sections 794.05 . . .

UNITED STATES v. RODRIGUEZ, P., 711 F.3d 541 (5th Cir. 2013)

. . . . § 794.05 ("unlawful sexual activity with certain minors”); Haw.Rev.Stat. §§ 707-730; 707-733.6 ("sexual . . .

UNITED STATES v. RANGEL- CASTANEDA,, 709 F.3d 373 (4th Cir. 2013)

. . . . § 794.05; Idaho Code Ann. § 18-6101; N.D. . . . Stat. § 794.05; Haw.Rev.Stat. § 707-730; 720 111. Comp. . . .

GOSLING, v. STATE, 97 So. 3d 287 (Fla. Dist. Ct. App. 2012)

. . . and the defendant is not the victim’s parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05 . . . and the defendant is not the victim's parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05 . . .

TYSON, v. STATE, 93 So. 3d 425 (Fla. Dist. Ct. App. 2012)

. . . On May 5, 2006, in case number CF06-0600, Tyson was convicted of violating section 794.05, Florida Statutes . . .

STATE v. WASHINGTON,, 114 So. 3d 182 (Fla. Dist. Ct. App. 2012)

. . . See §§ 794.05, .021, Florida Statutes (2012); Hodge v. . . . Under section 794.05, “[a] person 24 years of age or older who engages in sexual activity with a person . . . For example, the Florida Supreme Court upheld the constitutionality of sections 794.05 and 794.021, imposing . . .

UNITED STATES v. CHAVEZ- HERNANDEZ,, 671 F.3d 494 (5th Cir. 2012)

. . . . § 794.05, the modern incarnation of Florida’s longstanding statutory rape law. . . . Stat. § 794.05(1). . . . twenty-three years old at the time of his conviction; not twenty-four or older as required by section 794.05 . . . theory that his 2009 conviction for sexual activity with a minor in violation of Florida Statute § 794.05 . . . Florida Statute § 794.05(1) (2009). . . . Lopez-DeLeon dictates that Florida Statute § 794.05(1) (2009) is not a crime of violence under the portion . . .

FIKE, v. STATE, 63 So. 3d 847 (Fla. Dist. Ct. App. 2011)

. . . not the victim’s parent or guardian; s. 794.011, excluding s. 794.011(1), excluding 794.011(10); s. 794.05 . . .

STATE v. TAMERIS,, 54 So. 3d 619 (Fla. Dist. Ct. App. 2011)

. . . 2010-31317-CFAES, with two counts of unlawful sexual activity with a minor, in violation of section 794.05 . . . would be irrelevant to any material issue in a case involving sex with a minor charged under section 794.05 . . . 4th DCA 2010) (applying section 90.404(2)(b) to similar fact evidence in a prosecution under section 794.05 . . .

UNITED STATES v. HOLT,, 408 F. App'x 229 (11th Cir. 2010)

. . . supporting her belief that sufficient probable cause existed to believe Holt had violated Florida Statutes § 794.05 . . .

HARVEY, v. STATE, 68 So. 3d 255 (Fla. Dist. Ct. App. 2010)

. . . . § 794.05(1), Fla. Stat. (2006). She raises six arguments on appeal. . . .

PULCINI, v. STATE, 41 So. 3d 338 (Fla. Dist. Ct. App. 2010)

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

W. MUNROE, v. STATE, 28 So. 3d 973 (Fla. Dist. Ct. App. 2010)

. . . and the defendant is not the victim’s parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05 . . .

EASTERLY, v. STATE, 22 So. 3d 807 (Fla. Dist. Ct. App. 2009)

. . . twenty-four years of age or older with a person sixteen or seventeen years of age, in violation of section 794.05 . . .

McGEE, v. STATE, 19 So. 3d 1074 (Fla. Dist. Ct. App. 2009)

. . . by a person age twenty-four or older with a minor, age sixteen or seventeen, in violation of section 794.05 . . .

LIGHT, v. STATE, 20 So. 3d 939 (Fla. Dist. Ct. App. 2009)

. . . See § 794.05, Fla. Stat. (2005). Tummond testified he knew appellant was older than 28. . . .

SHORES, v. STATE, 15 So. 3d 697 (Fla. Dist. Ct. App. 2009)

. . . See § 794.05(1), Fla. Stat. (1997). . . .

RIVERA, v. STATE, 1 So. 3d 1158 (Fla. Dist. Ct. App. 2009)

. . . Rivera pleaded nolo contendere to unlawful sexual activity with a minor, a violation of section 794.05 . . .

HOBBS, v. STATE, 999 So. 2d 1025 (Fla. 2008)

. . . criminal action in which the defendant is charged with a crime against a victim under s. 794.011; s. 794.05 . . .

H. B. M. B. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 987 So. 2d 808 (Fla. Dist. Ct. App. 2008)

. . . See § 794.05(1), Fla. . . .

ACEVEDO, v. M. WILLIAMS, a, 985 So. 2d 669 (Fla. Dist. Ct. App. 2008)

. . . Neither sections 794.05 nor 800.04, Florida Statutes (2007), apply in the present case. . . . See § 794.05(1), Fla. . . . The version of section 794.05 at issue in B.B. v. . . . .” § 794.05(1), Fla. Stat. (1991). . . . Section 794.05 was amended in 1996 so that only persons over the age of twenty-four, instead of "any . . .

ERWIN, v. STATE, 983 So. 2d 58 (Fla. Dist. Ct. App. 2008)

. . . the information fail to allege facts that would constitute “sexual activity” as defined in section 794.05 . . .

UNITED STATES v. LOPEZ- DeLEON,, 513 F.3d 472 (5th Cir. 2008)

. . . . § 794.05; Idaho, Idaho Code Ann. § 18-6101; North Dakota, N.D. . . .

UNITED STATES v. RODRIGUEZ- GUZMAN,, 506 F.3d 738 (9th Cir. 2007)

. . . . § 794.05 (if defendant is 24 or older); Idaho (18), Idaho Code § 18-6101; Illinois (17), 720 Ill. . . .

CLEMENTS, v. STATE, 979 So. 2d 256 (Fla. Dist. Ct. App. 2007)

. . . If the victim of a violation of s. 794.011, s. 794.05, s. 800.04, or s. 826.04 is under the age of 16 . . .

STATE v. RICHARDSON,, 963 So. 2d 267 (Fla. Dist. Ct. App. 2007)

. . . Richardson was charged with unlawful sexual activity with a minor pursuant to section 794.05(1), Florida . . .

STATE v. SMITH,, 951 So. 2d 954 (Fla. Dist. Ct. App. 2007)

. . . accused of having sexual intercourse with a female under the age of sixteen, in violation of section 794.05 . . .

HAWKER, v. STATE, 951 So. 2d 945 (Fla. Dist. Ct. App. 2007)

. . . Florida Statutes section 794.05 criminalizes, as unlawful sexual activity, “oral, anal, or vaginal penetration . . . perpetrator is twenty-four years of age or older and the victim is sixteen or seventeen years of age. § 794.05 . . . Section 794.05(2) creates an exception in cases where the disability of nonage has been removed, and . . . Additionally, section 794.05 was amended in 1996 during the timeline of events in this case, but it does . . .

S. SHULER, v. STATE, 947 So. 2d 1259 (Fla. Dist. Ct. App. 2007)

. . . committing the crime of engaging in unlawful sexual activity with a minor, in violation of section 794.05 . . .

HERNANDEZ, v. STATE, 946 So. 2d 1270 (Fla. Dist. Ct. App. 2007)

. . . criminal action in which the defendant is charged with a crime against a victim under s. 794.011; s. 794.05 . . .

NUNE, Jr. v. STATE, 944 So. 2d 1173 (Fla. Dist. Ct. App. 2006)

. . . See § 794.05(1), Fla. Stat. (2006); Hindenach v. . . .

FELICIANO, v. STATE, 937 So. 2d 818 (Fla. Dist. Ct. App. 2006)

. . . On appeal from his conviction for violating section 794.05, Florida Statutes (2003), Jovan Feliciano . . . Given the disparity in their ages, his conduct violated section 794.05(1), Florida Statutes (2003), which . . . Walborn, 729 So.2d 504, 506 (Fla. 2d DCA 1999) (finding section 794.05 “reasonably related to the goal . . . The version of section 794.05 at issue in B.B. provided: (1) Any person who has unlawful carnal intercourse . . . Section 794.05 was amended in 1996 so that only persons over the age of twenty-four, instead of "any . . .

UTU, v. STATE, 929 So. 2d 718 (Fla. Dist. Ct. App. 2006)

. . . convicted at trial of two counts of unlawful sexual activity with a minor, in violation of section 794.05 . . .

WOMANCARE OF ORLANDO, INC. L. M. D. A s R. M. D. v. O. AGWUNOBI,, 448 F. Supp. 2d 1309 (N.D. Fla. 2006)

. . . .” § 794.05(1). . . .

K. BRADLEY, v. STATE, 918 So. 2d 337 (Fla. Dist. Ct. App. 2005)

. . . criminal action in which the defendant is charged with a crime against a victim under s. 794.011; s. 794.05 . . .

BARBER, v. STATE, 901 So. 2d 364 (Fla. Dist. Ct. App. 2005)

. . . See § 794.05(1), Fla. Stat. (2003). . See § 794.01 l(4)(e), Fla. Stat. (2003). . Quarterman v. . . .

STATE v. BROOKS,, 890 So. 2d 503 (Fla. Dist. Ct. App. 2005)

. . . See §§ 794.05, 800.04(4), Fla. Stat. (2000). The charges involved two victims. . . .

STATE v. BOUCHILLON,, 882 So. 2d 412 (Fla. Dist. Ct. App. 2004)

. . . victim is a minor and the defendant is not the victim’s parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05 . . .

HODGE, v. STATE, 866 So. 2d 1270 (Fla. Dist. Ct. App. 2004)

. . . Appellant was found to have violated section 794.05, Florida Statutes (2000), which provides in pertinent . . . Our holding that section 794.05 is a strict liability crime is supported by earlier caselaw finding that . . .

DANKERT a k a a k a v. STATE, 859 So. 2d 1221 (Fla. Dist. Ct. App. 2003)

. . . Section 775.15(7) states: If the victim of a violation of s. 794.011, s. 794.05, s. 800.04, or s. 826.04 . . .

WALKER, v. STATE, 851 So. 2d 863 (Fla. Dist. Ct. App. 2003)

. . . victim is a minor and the defendant is not the victim’s parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05 . . .

A. NEIRA, v. STATE, 847 So. 2d 1134 (Fla. Dist. Ct. App. 2003)

. . . Appellant was convicted of sexual activity "with a seventeen-year-old minor in violation of section 794.05 . . .

STATE v. HARRINGTON,, 838 So. 2d 1230 (Fla. Dist. Ct. App. 2003)

. . . criminal action in which the defendant is charged with a crime against a victim under s. 794.011; s. 794.05 . . .

LANE, v. MRA HOLDINGS, LLC d b a MRA AMX LLC, 242 F. Supp. 2d 1205 (M.D. Fla. 2002)

. . . . § 794.05(1) ("A person 24 years of age or older who engages in sexual activity with a person 16 or . . .

PETERSON, v. STATE, 810 So. 2d 1095 (Fla. Dist. Ct. App. 2002)

. . . criminal action in which the defendant is charged with a crime against a victim under s. 794.011; s. 794.05 . . .

STATE v. M. METZLER,, 791 So. 2d 565 (Fla. Dist. Ct. App. 2001)

. . . Therefore, the 1997 statute is applicable. .Section 794.05(1), Fla. . . .

SEAGRAVE, v. STATE, 802 So. 2d 281 (Fla. 2001)

. . . section 794.011), and carnal intercourse with an unmarried person under the age of eighteen (section 794.05 . . .

CAMPBELL, v. STATE, 771 So. 2d 1205 (Fla. Dist. Ct. App. 2000)

. . . See § 794.05(2), Fla. Stat. (1997). We affirm the conviction. Mr. . . . Section 794.05(2) states that the prohibitions against sexual activity with a minor do not apply to a . . . The purpose of section 794.05, the statute Mr. . . . We recognize that subsection (2) of section 794.05 does not identify specific sections of chapter 743 . . . This did not remove from her the protection provided by section 794.05. Affirmed. . . .

BABB, v. STATE, 764 So. 2d 776 (Fla. Dist. Ct. App. 2000)

. . . statute in effect at the time of the crimes here at issue: If the victim of a violation of s. 794.011, s. 794.05 . . .

LOWERY, v. STATE, 754 So. 2d 888 (Fla. Dist. Ct. App. 2000)

. . . . § 794.05(1), Fla. Stat. (1999). . § 787.03(1), Fla. Stat. (1999). . . .

O GRIFFIN, v. STATE, 753 So. 2d 676 (Fla. Dist. Ct. App. 2000)

. . . Sammie O’Neal Griffin moved to dismiss the information charging him with a violation of section 794.05 . . .

W. MOORE, v. PALILLA,, 739 So. 2d 1228 (Fla. Dist. Ct. App. 1999)

. . . with two counts of unlawful sexual activity with a person 16 or 17 years of age, contrary to section 794.05 . . .

WRIGHT, v. STATE, 739 So. 2d 1230 (Fla. Dist. Ct. App. 1999)

. . . 16 or 17 years of age, by placing his penis in or upon the victim’s vagina, in violation of section 794.05 . . . Constitutional Challenge The defense moved to dismiss Count Two on the grounds that section 794.05, Florida . . . Our sister court recently addressed similar constitutional challenges to the same version of section 794.05 . . . Second District Court found the following justification for the age restriction: In regards to section 794.05 . . . defense to the sexual battery charge, he was improperly forced to admit guilt, pursuant to section 794.05 . . .

STATE v. WALBORN,, 729 So. 2d 504 (Fla. Dist. Ct. App. 1999)

. . . Walborn was charged by information with unlawful sexual activity with a minor, pursuant to section 794.05 . . . Walborn filed a motion to dismiss the information and to declare section 794.05, Florida Statutes (1997 . . . The State appeals the dismissal of Wal-born’s information alleging that section 794.05, Florida Statutes . . . On direct appeal, the State alleges that the trial court erred in finding that section 794.05, Florida . . . Section 794.05(1), Florida Statutes (1997), states: A person 24 years of age or older who engages in . . .

STATE v. PAWLOSKI,, 718 So. 2d 1264 (Fla. Dist. Ct. App. 1998)

. . . Cunningham, 712 So.2d 1221 (Fla. 2d DCA 1998), i.e., whether section 794.05, Florida Statutes (Supp.1996 . . .

LADD, v. STATE, 715 So. 2d 1012 (Fla. Dist. Ct. App. 1998)

. . . prosecuted for carnal intercourse with an unmarried person younger than 18, in violation of section' 794.05 . . .

STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 723 So. 2d 123 (Fla. 1998)

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

STATE v. CUNNINGHAM,, 712 So. 2d 1221 (Fla. Dist. Ct. App. 1998)

. . . Appellant, the State of Florida, challenges the trial court order finding section 794.05, Florida Statutes . . . The pertinent parts of section 794.05, Florida Statutes (Supp.1996), provide as follows: 794.05 Unlawful . . . statute to section 794.05, Florida Statutes (1991). . . . The supreme court’s analysis of section 794.05, Florida Statutes (1991), in B.B. v. . . . F.S. 794.05 does not mention exploitation. . . .

J. A. S. a J. L. R. a v. STATE, 705 So. 2d 1381 (Fla. 1998)

. . . State, 659 So.2d 256 (Fla.1995), upon review of a certified question, we found section 794.05, Florida . . . Section 794.05 provided that: (1) Any person who has unlawful sexual intercourse with any unmarried - . . . As in Jones, Justice Kogan filed a separate concurrence and decried the selectivity of section 794.05 . . . Justice Kogan also urged the legislature to either modernize section 794.05 or at least "decide if it . . . Hence, section 794.05 no longer exists in the same form we considered in B.B. . . . .

E. MARTIN, v. STATE, 691 So. 2d 1204 (Fla. Dist. Ct. App. 1997)

. . . his probation by having carnal intercourse with a person under the age of 18 in violation of section 794.05 . . .

STATE v. J. A. S. a J. L. R. a, 686 So. 2d 1366 (Fla. Dist. Ct. App. 1997)

. . . Wagering, 477 So.2d 544 (Fla.1985): the state had to prove that the statute involved in that case, section 794.05 . . .

STATE v. A. R. S., 684 So. 2d 1383 (Fla. Dist. Ct. App. 1996)

. . . State held that section 794.05, Florida Statutes, which prohibits “unlawful carnal intercourse with any . . . minor-minor situation that the adjudication of B.B. as a delinquent through the application of section 794.05 . . . the State’s compelling interest in a minor-minor situation in regard to the statute in B.B., section 794.05 . . .

HULL, v. STATE, 686 So. 2d 676 (Fla. Dist. Ct. App. 1996)

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

STATE v. RALEIGH,, 686 So. 2d 621 (Fla. Dist. Ct. App. 1996)

. . . Griffin that the fact that this case involves section 800.04, Florida Statutes, as opposed to section 794.05 . . . State lacked sufficient compelling interest to prosecute such minor under the provisions of section 794.05 . . . It should be noted that the protected class in section 794.05 is “any unmarried person, of previous chaste . . . Further, I disagree with this court that “B.B. plainly is limited to its statutory target [section 794.05 . . . However, this reasoning cannot be limited to violations of section 794.05 because it was badly drafted . . . If B.B. applies only to section 794.05, a minor escapes prosecution for having consensual sex with another . . . The statute at issue in B.B. was section 794.05, Florida Statutes, which prohibits carnal intercourse . . . pertains to one minor engaging in carnal intercourse with another_” The B.B. court held that section 794.05 . . . In B.B., the problem was the way section 794.05 was drawn; the B.B. court concluded the weaknesses of . . .

B. B. a v. STATE, 659 So. 2d 256 (Fla. 1995)

. . . The State filed delinquency charges against one of the minors for violating section 794.05, Florida Statutes . . . review, the trial court, relying on In re T.W., 551 So.2d 1186 (Fla.1989), determined that section 794.05 . . . specifically limits our consideration to whether the privacy amendment of the Constitution renders section 794.05 . . . Whether Florida’s privacy amendment, Article I, Section 23 of the Florida Constitution, renders section 794.05 . . . attorney amended the petition from sexual battery to unlawful carnal intercourse pursuant to section 794.05 . . . Section 794.05 provides that: (1) Any person who has unlawful carnal intercourse with any unmarried person . . . Initially, we note that section 794.05 is materially different from section 800.04, Florida Statutes . . . We find that the State failed to meet its burden in applying section 794.05 to adjudicate a minor as . . . Section 794.05, Florida Statutes (1991), prohibits sexual intercourse with an unmarried person of previous . . . In holding section 794.05 unconstitutional as applied, the majority appears to be saying that a sixteen-year-old . . . However, section 794.05 reflects a legislative determination to protect chaste and unmarried children . . .

CONYERS, v. STATE, 638 So. 2d 1055 (Fla. Dist. Ct. App. 1994)

. . . State, 621 So.2d 573 (Fla. 2d DCA 1993), and also certified this issue in the context of section 794.05 . . .

STATE v. B. B. a, 637 So. 2d 936 (Fla. Dist. Ct. App. 1994)

. . . The state challenges the trial court’s order which declares section 794.05, Florida Statutes (1991), . . . Section 794.05 prohibits any person from having unlawful carnal intercourse with an unmarried person, . . . The trial court relied on In re T.W., 551 So.2d 1186 (Fla.1989), in finding section 794.05 unconstitutional . . . the privacy amendment has not been addressed by the courts of this state in the context of section 794.05 . . . Does Florida’s privacy amendment, article I, section 23 of the Florida Constitution, render section 794.05 . . .

JONES, v. STATE STATE v. RODRIGUEZ, 619 So. 2d 418 (Fla. Dist. Ct. App. 1993)

. . . Section 794.05 similarly obviates consent as a defense if the child is under eighteen, unmarried, and . . . consented to the sexual intercourse, charges had to be brought under section 800.04 rather than section 794.05 . . .

V. MORRIS, v. STATE KONSTANTINOS, v. STATE LEVERETT, v. STATE, 605 So. 2d 511 (Fla. Dist. Ct. App. 1992)

. . . .” § 794.05, Fla.Stat. (1991). . . .

E. KARCHESKY, v. STATE, 591 So. 2d 930 (Fla. 1992)

. . . CONVICTION OF THE OFFENSE OF CARNAL INTERCOURSE WITH AN UNMARRIED PERSON UNDER THE AGE OF 18 YEARS, SECTION 794.05 . . . Karchesky was tried and convicted under section 794.05, Florida Statutes (1985), of three counts of unlawful . . . offense, stated: “Since victim injury is not an element of the offense of carnal intercourse, see section 794.05 . . . In the present case, the defendant was convicted of violating section 794.05, Florida Statutes (1985) . . .

D. SCHMITT, v. STATE, 590 So. 2d 404 (Fla. 1991)

. . . . §§ 794.041 & 794.05 (1989). One exception is for a minor who is lawfully married. . . .

E. KARCHESKY, v. STATE, 568 So. 2d 80 (Fla. Dist. Ct. App. 1990)

. . . unlawful carnal intercourse with an unmarried person under the age of 18 years in violation of section 794.05 . . . appeal of his sentence), he never raised the issue of whether victim injury can be scored under section 794.05 . . . CONVICTION OF THE OFFENSE OF CARNAL INTERCOURSE WITH AN UNMARRIED PERSON UNDER THE AGE OF 18 YEARS, SECTION 794.05 . . .

A. VICTOR, v. STATE, 566 So. 2d 354 (Fla. Dist. Ct. App. 1990)

. . . Florida Statutes Section 794.05(1) provides: Any person who has unlawful carnal intercourse with any . . .

STATE OF FLORIDA v. PHILLIPS WILLIAMS, 42 Fla. Supp. 2d 119 (Fla. Cir. Ct. 1990)

. . . S. 794.05) was to protect “. . . the virginity of young maidens. . . .” . . . published since Simmons, supra, reveals no change in philosophy concerning the intended function of F.S. 794.05 . . . protection of a woman’s virginity has always been the goal sought to be achieved by statutes such a F.S. 794.05 . . . Florida’s statutory rape statute, F.S. 794.05, as well as,- F.S. 800.04, are gender neutral, thus rendering . . .

STATE v. GIFFORD,, 558 So. 2d 444 (Fla. Dist. Ct. App. 1990)

. . . eighteen and committing a lewd and lascivious act on a child under sixteen, in violation of sections 794.05 . . .

In M. C. N. a v. STATE, 511 So. 2d 1019 (Fla. Dist. Ct. App. 1987)

. . . statute is violated, which statute used to be known as the proscription against “statutory rape,” § 794.05 . . . . § 794.05 Carnal intercourse with unmarried person under 18 years.— (1) Any person who has unlawful . . . Those persons are described in § 794.05 and are unmarried, under 18 and chaste. . . . The adjudication of delinquency regarding a violation of § 794.05 is reversed. . . . COBB, Judge, concurring specially: As I read section 794.05, Florida Statutes (1985) (statutory rape) . . . use of force to the satisfaction of the finder of fact, the alternative charge pursuant to section 794.05 . . .

E. KARCHESKY, v. STATE, 509 So. 2d 403 (Fla. Dist. Ct. App. 1987)

. . . As a result of this single act of intercourse, defendant was charged with and convicted of section 794.05 . . . with this same victim, the defendant was likewise charged and convicted of two more counts of section 794.05 . . . Therefore, when the defendant was charged with sexual battery under section 794.05, Florida Statutes . . . were simply redundant as they were lesser included offenses of the charge of sexual battery, section 794.05 . . . while the victim in this case was over 12 years old, and (2) here Karchesky is charged under section 794.05 . . .

L. YOUNG, v. STATE, 506 So. 2d 13 (Fla. Dist. Ct. App. 1987)

. . . non-consent is essential under § 794.011(5) and previous chaste character is generally essential under § 794.05 . . .

CAULDER, v. STATE, 500 So. 2d 1362 (Fla. Dist. Ct. App. 1986)

. . . Another section is 794.05, (carnal intercourse with an unmarried person under the age of 18 years and . . .