Florida criminal charge
Sexual battery in Florida
Sexual battery is a criminal offense under Florida law, defined by Fla. Stat. § 794.011. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 794.011.
How is sexual battery classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sexual battery on child under 12 by adult offender | Capital Felony | A person 18 years of age or older who commits sexual battery upon, or in attempting sexual battery injures the sexual organs of, a person less than 12 years of age. | Fla. Stat. § 794.011(2)(a) |
| Sexual battery on child under 12 by juvenile offender | Life Felony | A person less than 18 years of age who commits sexual battery upon, or in attempting sexual battery injures the sexual organs of, a person less than 12 years of age. | Fla. Stat. § 794.011(2)(b) |
| Sexual battery on victim 12+ with deadly weapon or force likely to cause serious injury | Life Felony | A person commits sexual battery on a person 12 or older without consent while using or threatening a deadly weapon or using physical force likely to cause serious personal injury. | Fla. Stat. § 794.011(3) |
| Adult offender, victim 12-17, aggravating circumstance | Felony of the First Degree | A person 18 or older commits sexual battery on a victim 12–17 without consent under one of the circumstances listed in paragraph (4)(e). | Fla. Stat. § 794.011(4)(a) |
| Adult offender, adult victim, aggravating circumstance | Felony of the First Degree | A person 18 or older commits sexual battery on a victim 18 or older without consent under one of the circumstances listed in paragraph (4)(e). | Fla. Stat. § 794.011(4)(b) |
| Juvenile offender, victim 12+, aggravating circumstance | Felony of the First Degree | A person younger than 18 commits sexual battery on a victim 12 or older without consent under one of the circumstances listed in paragraph (4)(e). | Fla. Stat. § 794.011(4)(c) |
| Sexual battery with prior qualifying conviction, aggravating circumstance | Felony of the First Degree | A person commits sexual battery on a victim 12 or older without consent under a (4)(e) circumstance and has a prior conviction for an enumerated sexual/kidnapping offense. | Fla. Stat. § 794.011(4)(d) |
| Adult offender, victim 12-17, no serious-injury force | Felony of the First Degree | A person 18 or older commits sexual battery on a victim 12–17 without consent, without using physical force and violence likely to cause serious personal injury. | Fla. Stat. § 794.011(5)(a) |
| Adult offender, adult victim, no serious-injury force | Felony of the Second Degree | A person 18 or older commits sexual battery on a victim 18 or older without consent, without using physical force and violence likely to cause serious personal injury. | Fla. Stat. § 794.011(5)(b) |
| Juvenile offender, victim 12+, no serious-injury force | Felony of the Second Degree | A person younger than 18 commits sexual battery on a victim 12 or older without consent, without using physical force and violence likely to cause serious personal injury. | Fla. Stat. § 794.011(5)(c) |
| Sexual battery without serious-injury force, prior qualifying conviction | Felony of the First Degree | A person commits sexual battery on a victim 12 or older without consent, without serious-injury force, and has a prior conviction for an enumerated sexual/kidnapping offense. | Fla. Stat. § 794.011(5)(d) |
| Familial/custodial authority solicitation of minor | Felony of the Third Degree | A person in familial or custodial authority over a minor under 18 solicits that minor to engage in an act constituting sexual battery. | Fla. Stat. § 794.011(8)(a) |
| Familial/custodial authority sexual battery, victim 12-17 | Felony of the First Degree | A person in familial or custodial authority engages in an act constituting sexual battery with a person 12–17 years of age. | Fla. Stat. § 794.011(8)(b) |
| Familial/custodial authority sexual battery, victim under 12 (juvenile offender) | Life Felony | A person in familial or custodial authority engages in an act constituting sexual battery with, or in attempting such injures the sexual organs of, a victim under 12, punishable per subsection (2), which includes life felony for juvenile offenders. | Fla. Stat. § 794.011(8)(c) |
| False accusation of authority-position sexual battery | Felony of the Third Degree | A person falsely accuses a law enforcement/correctional officer or similar authority figure of violating paragraph (4)(a)-(d). | Fla. Stat. § 794.011(10) |
Common questions about sexual battery in Florida
Is sexual battery a felony or a misdemeanor in Florida?
It depends on the circumstances: sexual battery ranges from a Felony of the Third Degree to a Capital Felony in Florida under Fla. Stat. § 794.011.
Sexual battery on child under 12 by adult offender: Capital Felony (Fla. Stat. § 794.011(2)(a)) · Sexual battery on child under 12 by juvenile offender: Life Felony (Fla. Stat. § 794.011(2)(b)) · Sexual battery on victim 12+ with deadly weapon or force likely to cause serious injury: Life Felony (Fla. Stat. § 794.011(3)) · Adult offender, victim 12-17, aggravating circumstance: Felony of the First Degree (Fla. Stat. § 794.011(4)(a)) · Adult offender, adult victim, aggravating circumstance: Felony of the First Degree (Fla. Stat. § 794.011(4)(b)) · Juvenile offender, victim 12+, aggravating circumstance: Felony of the First Degree (Fla. Stat. § 794.011(4)(c)) · Sexual battery with prior qualifying conviction, aggravating circumstance: Felony of the First Degree (Fla. Stat. § 794.011(4)(d)) · Adult offender, victim 12-17, no serious-injury force: Felony of the First Degree (Fla. Stat. § 794.011(5)(a)) · Adult offender, adult victim, no serious-injury force: Felony of the Second Degree (Fla. Stat. § 794.011(5)(b)) · Juvenile offender, victim 12+, no serious-injury force: Felony of the Second Degree (Fla. Stat. § 794.011(5)(c)) · Sexual battery without serious-injury force, prior qualifying conviction: Felony of the First Degree (Fla. Stat. § 794.011(5)(d)) · Familial/custodial authority solicitation of minor: Felony of the Third Degree (Fla. Stat. § 794.011(8)(a)) · Familial/custodial authority sexual battery, victim 12-17: Felony of the First Degree (Fla. Stat. § 794.011(8)(b)) · Familial/custodial authority sexual battery, victim under 12 (juvenile offender): Life Felony (Fla. Stat. § 794.011(8)(c)) · False accusation of authority-position sexual battery: Felony of the Third Degree (Fla. Stat. § 794.011(10))
Which Florida statute covers sexual battery?
Sexual battery is governed by Fla. Stat. § 794.011 (Sexual battery).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.