What is the crime of Sexual Battery Victim Less Than 12 Years of Age in Florida?
The crime of Sexual Battery Victim Less Than 12 Years of Age is a Capital Felony that is punishable by the Death Penalty or Life in prison.
This offense occurs when:
- Give a, b, c, or d as applicable.
- 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.
- Person committed an act upon or with victim in which the anus, vagina of person or victim was penetrated by an object.
- Person injured the sexual organ of victim in an attempt to commit an act upon or with victim in which the sexual organ of the person or victim would have penetrated or would have had union with the anus, vagina, or mouth of the person or victim.
- Person injured the sexual organ of victim in an attempt to commit an act upon victim in which the anus or vagina of victim would be penetrated by an object.
- At the time of the offense, victim was less than 12 years of age.
- At the time of offense, the person was 18 years of age or older, or less than 18 years of age.
“An Object” includes a finger.
Some of the defenses to Sexual Battery Victim Less Than 12 Years of Age are:
- Person did not commit a sexual act.
- Person was not under the age of 12 years old.
- Person never penetrated victim with any object.
References:
Khianthalat v. State: On consent.
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