What is Engaging in an Act Which Constituted Sexual Battery or Injured the Sexual Organ of Another in an Attempt to Commit Sexual Battery by a Person in Familial or Custodial Authority Upon a Person Less than 12 Years of Age in Florida?

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The crime of Engaging in an Act Which Constituted Sexual Battery or Injured the Sexual Organ of Another in an Attempt to Commit Sexual Battery by a Person in Familial or Custodial Authority Upon a Person Less than 12 Years of Age is a Capital Felony or Life Felony that is punishable by Life in prison.

This crime occurs when a:

  • Person engaged in an act upon/with the victim in which sexual organ of the person/victim penetrated or had union with the anus, vagina, or mouth of victim/person.
  • Person engaged in an act upon/with the victim in which the anus or vagina of victim/person was penetrated by an object.
  • Peron engaged in an act which injured the sexual organ of victim in an attempt to commit an act upon/with victim would have penetrated or would have had union with the anus, vagina, or mouth of victim/person.
  • Person engaged in an act which injured the sexual organ of victim in an attempt to commit an act upon victim which the anus or vagina would be penetrated by an object.
  1. At the time of the offense, the person was in a position of familial or custodial authority to victim. 
  2. At the time of the offense, victim was less than 12 years of age.
  3. At the time of the offense, person committing the act was 18 years of age or older, or at the time of the offense, person committing the act was less than 18 years of age.

“An Object” includes a finger.

Some of the defenses are:

  • Person did not commit a sexual act.
  • There was no familial or custodial authority.
  • There was no penetration.
  • Victim was not less than 12 years of age.

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 Constituted Sexual Battery or Injured the Sexual Organ of Another in an Attempt to Commit Sexual Battery by a Person in Familial or Custodial Authority Upon a Person Less than 12 Years of Age 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.

Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.

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