What is Sexual Battery Victim 12 Years of Age or Older Committed with Great Force or Deadly Weapon in Florida?
The crime of Sexual Battery Victim 12 Years of Age or Older Committed with Great Force or Deadly Weapon is a Life Felony that is punishable by Life in prison.
This crime occurs when a:
- Person committed an act upon or with victim in which the sexual organ of the person or victim penetrated or had union with the anus, vagina, or mouth of the person or victim, or the person committed an act upon or with victim in which the anus, vagina of person or victim was penetrated by an object.
- The person in the process of committing the act, used or threatened to use a deadly weapon or actual physical force likely to cause serious personal injury.
- At the time of offense, the victim was 12 years of age or older.
“An Object” includes a finger.
A “deadly weapon” is any object that will likely cause death or great bodily harm if used or threatened to be used in the ordinary and usual manner contemplated by its design and construction.
Some of the defenses to Sexual Battery Victim 12 Years of Age or Older Committed with Great Force or Deadly Weapon are:
- Person did not commit a sexual act.
- Person did not threaten to use a deadly weapon.
- Person did not use actual physical force.
References:
Cotton v. State: On actual physical force.
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