826.04
Incest.
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826.04 Incest.—Whoever knowingly marries or has sexual intercourse with a person to whom he or she is related by lineal consanguinity, or a brother, sister, uncle, aunt, nephew, or niece, commits incest, which constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. “Sexual intercourse” is the penetration of the female sex organ by the male sex organ, however slight; emission of semen is not required.
History.—s. 47, ch. 74-383; s. 30, ch. 75-298; s. 1281, ch. 97-102.
Notes of Decisions
Cited in 41
cases (1 in the last 5 years), 1977–2023 · leading case: Gary G. Debaun v. State of Florida
Gary G. Debaun v. State of Florida (2017)
“(alteration in original) (quoting § 826.04, Fla. Stat. (2008)). Based on this definition, the Second District concluded that the Legislature’s use of the term “sexual intercourse within section 384.”
Seagrave v. State (2001)
“Relevant for this case, Category 2 encompassed sexual offenses contained in chapters 794 and 800 and section 826.04. See id. at 850 . [9] Unlike the scoresheet forms for the other eight categories of offense, this form provides that extra points for "Victim Injury (physical)"…”
Beam v. State (2009)
“The issue we address is whether a defendant may be convicted of the crime of incest as proscribed by section 826.04, Florida Statutes, when the victim was 18 years of age and was adopted by the defendant.”
Slaughter v. State (1989)
“Count VIII incest (Section 826.04, Florida Statutes (1985)).”
Florida Bar: Amendment to Rules of Criminal Procedure (1984)
“1931(2) Category 2: Sexual offenses: Chapters 794 and 800 and section 826.04 Category 3: Robbery: Section 812.”
Carnes v. State (1999)
“Appellant asserts that the incest statute, section 826.04, Florida Statutes (1995), does not apply to half-siblings.”
In re Rules of Criminal Procedure (1983)
“1931(2) Category 2: Sexual offenses: Chapters 794 and 800 and section 826.04 Category 3: Robbery: Section 812.”
Florida Bar Re: Rules of Criminal Procedure (1985)
“1931(2), and section 327,351(2) Category 2: Sexual offenses: Chapters 794 and 800 and section 826.04 Category 3: Robbery: Section 812.”
Huckaby v. State (1977)
“74-383, Laws of Florida, but now appears in altered form as Section 826.04, Fla. Stat. (1975). [5] Huckaby cites several cases in which incest was charged for conduct over a course of years.”
Florida Rules of Criminal Procedure Re: Sentencing Guidelines (1988)
“351(2) Category 2: Sexual offenses: Chapters 794 and 800 and section 826.04 Category 3: Robbery: Section 812.”
In Re: Standard Jury Instructions in Criminal Cases-Report 2018-04. (2018)
“[married (victim)]. [had sexual intercourse with (victim)].”
Renee B. v. FL. AGENCY FOR HEALTH CARE (2001)
“(1993)) or incest (as defined in Section 826.04, F.S., (1993)). The attending physician must complete the abortion certification form, as found in the Medicaid Reimbursement Handbook.”
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