What is Sexual Battery Victim 12 Years of Age or Older Committed with Special Circumstances in Florida?
The crime of Sexual Battery Victim 12 Years of Age or Older Committed with Special Circumstances is a First Degree Felony that is punishable by 30 years in prison and a $10,000 fine.
This crime occurs when:
A person committed an act upon/with victim in which the sexual organ of the person/victim penetrated or had union with the anus, vagina, or mouth of the person/victim, or the person committed an act upon/with victim in which the anus, vagina of person/victim was penetrated by an object. And, one of the following:
- Victim was physically helpless to resist.
- Person coerced victim to submit by threatening to use force or violence likely to cause serious personal injury and victim reasonably believed the person could execute the threat.
- Person coerced victim to submit by threat of retaliation against victim and any other person and victim reasonably believed the person could execute the threat.
- Person without prior knowledge or consent of victim administered or had knowledge of someone administering to victim a narcotic, anesthetic or other intoxicating substance that mentally or physically incapacitated victim.
- Victim was mentally defective, and person had reason to believe this or had actual knowledge of it.
- Victim was physically incapacitated.
- The person at the time held an official title or position and was an certified law enforcement officer, correctional officer, correctional probation officer, elected official exempt from certification, person in a position of control or authority in a probation, community control, controlled release, detention, custodial, or similar setting and the officer/official/person was acting in such a manner as to lead victim to reasonably believe that defendant was in a position of control or authority as an agent or employee of government.
The act was committed without consent.
At the time of the offense, the victim was 12 years of age or older but younger than 18, or at the time of the offense, the victim was 12 years of age or older but older than 18.
At the time of the offense, the person committing the act was 18 years of age or older, or at the time of the offense, the defendant was younger than 18 years of age.
“An Object” includes a finger.
“Consent” means intelligent, knowing, and voluntary consent and does not include coerced submission. Consent does not mean the failure by the alleged victim to offer physical resistance to the offender.
“Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her consent, or due to any other act committed upon that person without his or her consent.
“Mentally defective” means that a person suffers from a mental disease or defect that renders that person temporarily or permanently incapable of appraising the nature of his or her conduct.
Some of the defenses to Sexual Battery Victim 12 Years of Age or Older Committed with Special Circumstances are:
- Person did not commit a sexual act.
- Person did not coerce victim.
- Victim was not incapacitated.
State v. Sedia: On consent is a question of fact.
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 Sexual Battery Victim 12 Years of Age or Older Committed with Special Circumstances 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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