Bill Text: FL S0868 | 2022 | Regular Session | Introduced

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Bill Title: Sexual Battery on a Mentally Incapacitated Person

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2022-03-14 - Died in Messages [S0868 Detail]

Download: Florida-2022-S0868-Introduced.html

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       Florida Senate - 2022                                     SB 868
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-01049-22                                            2022868__
    1                        A bill to be entitled                      
    2         An act relating to sexual battery on a mentally
    3         incapacitated person; amending s. 794.011, F.S.;
    4         revising the definition of the term “mentally
    5         incapacitated”; revising provisions concerning sexual
    6         battery upon a person who is mentally incapacitated;
    7         providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (c) of subsection (1) and subsection
   12  (4) of section 794.011, Florida Statutes, are amended to read:
   13         794.011 Sexual battery.—
   14         (1) As used in this chapter:
   15         (c) “Mentally incapacitated” means temporarily incapable of
   16  appraising or controlling a person’s own conduct due to the
   17  influence of a narcotic, an anesthetic, or an intoxicating
   18  substance administered without his or her consent or due to any
   19  other act committed upon that person without his or her consent.
   20         (4)(a) A person 18 years of age or older who commits sexual
   21  battery upon a person 12 years of age or older but younger than
   22  18 years of age without that person’s consent, under any of the
   23  circumstances listed in paragraph (e), commits a felony of the
   24  first degree, punishable by a term of years not exceeding life
   25  or as provided in s. 775.082, s. 775.083, s. 775.084, or s.
   26  794.0115.
   27         (b) A person 18 years of age or older who commits sexual
   28  battery upon a person 18 years of age or older without that
   29  person’s consent, under any of the circumstances listed in
   30  paragraph (e), commits a felony of the first degree, punishable
   31  as provided in s. 775.082, s. 775.083, s. 775.084, or s.
   32  794.0115.
   33         (c) A person younger than 18 years of age who commits
   34  sexual battery upon a person 12 years of age or older without
   35  that person’s consent, under any of the circumstances listed in
   36  paragraph (e), commits a felony of the first degree, punishable
   37  as provided in s. 775.082, s. 775.083, s. 775.084, or s.
   38  794.0115.
   39         (d) A person commits a felony of the first degree,
   40  punishable by a term of years not exceeding life or as provided
   41  in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 if the
   42  person commits sexual battery upon a person 12 years of age or
   43  older without that person’s consent, under any of the
   44  circumstances listed in paragraph (e), and such person was
   45  previously convicted of a violation of:
   46         1. Section 787.01(2) or s. 787.02(2) when the violation
   47  involved a victim who was a minor and, in the course of
   48  committing that violation, the defendant committed against the
   49  minor a sexual battery under this chapter or a lewd act under s.
   50  800.04 or s. 847.0135(5);
   51         2. Section 787.01(3)(a)2. or 3.;
   52         3. Section 787.02(3)(a)2. or 3.;
   53         4. Section 800.04;
   54         5. Section 825.1025;
   55         6. Section 847.0135(5); or
   56         7. This chapter, excluding subsection (10) of this section.
   57         (e) The following circumstances apply to paragraphs (a)
   58  (d):
   59         1. The victim is physically helpless to resist.
   60         2. The offender coerces the victim to submit by threatening
   61  to use force or violence likely to cause serious personal injury
   62  on the victim, and the victim reasonably believes that the
   63  offender has the present ability to execute the threat.
   64         3. The offender coerces the victim to submit by threatening
   65  to retaliate against the victim, or any other person, and the
   66  victim reasonably believes that the offender has the ability to
   67  execute the threat in the future.
   68         4. The victim is mentally incapacitated, and the offender
   69  has reason to believe this or has actual knowledge of this fact
   70  offender, without the prior knowledge or consent of the victim,
   71  administers or has knowledge of someone else administering to
   72  the victim any narcotic, anesthetic, or other intoxicating
   73  substance that mentally or physically incapacitates the victim.
   74         5. The victim is mentally defective, and the offender has
   75  reason to believe this or has actual knowledge of this fact.
   76         6. The victim is physically incapacitated.
   77         7. The offender is a law enforcement officer, correctional
   78  officer, or correctional probation officer as defined in s.
   79  943.10(1), (2), (3), (6), (7), (8), or (9), who is certified
   80  under s. 943.1395 or is an elected official exempt from such
   81  certification by virtue of s. 943.253, or any other person in a
   82  position of control or authority in a probation, community
   83  control, controlled release, detention, custodial, or similar
   84  setting, and such officer, official, or person is acting in such
   85  a manner as to lead the victim to reasonably believe that the
   86  offender is in a position of control or authority as an agent or
   87  employee of government.
   88         Section 2. This act shall take effect October 1, 2022.