What is Engaging in an Act Which Constitutes Sexual Battery Upon or with a Child 12 Years of Age or Older but Younger than 18 Years of Age by Person in Familial or Custodial Authority in Florida?
The crime of Engaging in an Act Which Constitutes Sexual Battery Upon or with a Child 12 Years of Age or Older but Younger than 18 Years of Age by Person in Familial or Custodial Authority is a First Degree Felony that is punishable by 30 years in prison and a $10,000 fine.
This crime occurs when:
- Person engaged in any act which constituted sexual battery.
- At the time of the offense, victim was 12 years of age or older but younger than 18 years of age.
- At the time of the offense, the person committing the act was in a position of familial or custodial authority to victim.
“Sexual Battery” means the sexual organ of the victim/person penetrated or had union with the anus, vagina, or mouth or the victim/person, or the anus or vagina of victim/person was penetrated by an object.
“An Object” includes a finger.
Defenses Engaging in an Act Which Constitutes Sexual Battery Upon or with a Child 12 Years of Age or Older but Younger than 18 Years of Age by Person in Familial or Custodial Authority:
- Person did not commit a sexual act.
- There was no familial or custodial authority.
- There was no penetration.
References:
State v. Drawdy: On penetration.
Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation
If you have been arrested or believe you will soon be arrested for the offense of Engaging in an Act Which Constitutes Sexual Battery Upon or with a Child 12 Years of Age or Older but Younger than 18 Years of Age by Person in Familial or Custodial Authority in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.
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