Sexual Battery
A sexual battery committed under the circumstances and classifications defined by Florida law.
Florida Statute
§ 794.011
Sexual battery
Quick Summary
Sexual battery involves the statutorily defined sexual penetration or union without the required consent. The victim's age, the offender's age, force or weapon use, injury, authority relationship, and other specified circumstances determine the classification.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Victim Under 12 — Offender 18 or Older
F.S. § 794.011(2)(a)
Sexual battery upon, or an attempt that injures sexual organs of, a person under 12 when the offender is 18 or older.
Victim Under 12 — Offender Under 18
F.S. § 794.011(2)(b)
Sexual battery upon, or an attempt that injures sexual organs of, a person under 12 when the offender is under 18.
Victim 12 or Older — Deadly Weapon or Great Force
F.S. § 794.011(3)
Sexual battery without consent using or threatening a deadly weapon, or using actual physical force likely to cause serious personal injury.
Specified Circumstances — Victim 12 to Under 18
F.S. § 794.011(4)(a)
Offender 18 or older; victim is 12 to under 18; sexual battery without consent under a listed subsection (4)(e) circumstance.
Specified Circumstances — Adult Victim
F.S. § 794.011(4)(b)
Sexual battery without consent against a victim 18 or older under a listed subsection (4)(e) circumstance.
Specified Circumstances — Offender Under 18
F.S. § 794.011(4)(c)
Offender under 18; victim 12 or older; sexual battery without consent under a listed subsection (4)(e) circumstance.
Without Great Force — Victim 12 to Under 18
F.S. § 794.011(5)(a)
Offender 18 or older; victim is 12 to under 18; sexual battery without consent without physical force and violence likely to cause serious personal injury.
Without Great Force — Adult Victim
F.S. § 794.011(5)(b)
Offender 18 or older; victim is 18 or older; sexual battery without consent without physical force and violence likely to cause serious personal injury.
Without Great Force — Offender Under 18
F.S. § 794.011(5)(c)
Offender under 18; victim is 12 or older; sexual battery without consent without physical force and violence likely to cause serious personal injury.
Familial or Custodial Authority — Solicitation
F.S. § 794.011(8)(a)
A person in familial or custodial authority solicits a person under 18 to engage in an act that would constitute sexual battery.
Familial or Custodial Authority — Victim 12 to Under 18
F.S. § 794.011(8)(b)
A person in familial or custodial authority engages in an act constituting sexual battery with a victim 12 to under 18.
Familial or Custodial Authority — Victim Under 12
F.S. § 794.011(8)(c), cross-referencing § 794.011(2)
A person in familial or custodial authority engages in an act constituting sexual battery with a victim under 12, or injures sexual organs in an attempt.
Charge-Specific Elements
Open a charge to review the statutory facts that distinguish that charging track.
Victim Under 12 — Offender 18 or Older
Florida Statute § 794.011(2)(a)
Victim Under 12 — Offender 18 or Older
Florida Statute § 794.011(2)(a)
Sexual battery upon a victim under 12, or an attempt that injures sexual organs, when the offender is 18 or older.
What to Establish
Sexual-battery act or attempt-related injury; victim under 12; offender 18 or older.
Important Charge Note
Capital-felony classification. Verify current charging and sentencing provisions.
Victim Under 12 — Offender Under 18
Florida Statute § 794.011(2)(b)
Victim Under 12 — Offender Under 18
Florida Statute § 794.011(2)(b)
Sexual battery upon a victim under 12, or an attempt that injures sexual organs, when the offender is under 18.
What to Establish
Sexual-battery act or attempt-related injury; victim under 12; offender under 18.
Important Charge Note
Life-felony classification.
Victim 12 or Older — Deadly Weapon or Great Force
Florida Statute § 794.011(3)
Victim 12 or Older — Deadly Weapon or Great Force
Florida Statute § 794.011(3)
Sexual battery without consent upon a victim 12 or older using or threatening a deadly weapon, or using actual physical force likely to cause serious personal injury.
What to Establish
Sexual-battery act; deadly weapon or qualifying force; no consent; victim 12 or older.
Important Charge Note
Life-felony classification.
Specified Circumstances — Adult Offender; Victim 12 to Under 18
Florida Statute § 794.011(4)(a)
Specified Circumstances — Adult Offender; Victim 12 to Under 18
Florida Statute § 794.011(4)(a)
Sexual battery without consent by an offender 18 or older upon a victim 12 to under 18 under a listed subsection (4)(e) circumstance.
What to Establish
Sexual-battery act; no consent; victim 12 to under 18; offender 18 or older; listed specified circumstance.
Important Charge Note
First-degree felony; statute permits a term of years not exceeding life under this paragraph.
Specified Circumstances — Adult Victim
Florida Statute § 794.011(4)(b)
Specified Circumstances — Adult Victim
Florida Statute § 794.011(4)(b)
Sexual battery without consent upon a victim 18 or older under a listed subsection (4)(e) circumstance.
What to Establish
Sexual-battery act; no consent; victim 18 or older; listed specified circumstance.
Important Charge Note
First-degree felony.
Specified Circumstances — Offender Under 18
Florida Statute § 794.011(4)(c)
Specified Circumstances — Offender Under 18
Florida Statute § 794.011(4)(c)
Sexual battery without consent by an offender under 18 upon a victim 12 or older under a listed subsection (4)(e) circumstance.
What to Establish
Sexual-battery act; no consent; victim 12 or older; offender under 18; listed specified circumstance.
Important Charge Note
First-degree felony.
Without Great Force — Adult Offender; Victim 12 to Under 18
Florida Statute § 794.011(5)(a)
Without Great Force — Adult Offender; Victim 12 to Under 18
Florida Statute § 794.011(5)(a)
Sexual battery without consent by an offender 18 or older upon a victim 12 to under 18 without physical force and violence likely to cause serious personal injury.
What to Establish
Sexual-battery act; no consent; victim 12 to under 18; offender 18 or older; no qualifying great force.
Important Charge Note
First-degree felony.
Without Great Force — Adult Victim
Florida Statute § 794.011(5)(b)
Without Great Force — Adult Victim
Florida Statute § 794.011(5)(b)
Sexual battery without consent upon a victim 18 or older without physical force and violence likely to cause serious personal injury.
What to Establish
Sexual-battery act; no consent; victim 18 or older; no qualifying great force.
Important Charge Note
Second-degree felony.
Without Great Force — Offender Under 18
Florida Statute § 794.011(5)(c)
Without Great Force — Offender Under 18
Florida Statute § 794.011(5)(c)
Sexual battery without consent by an offender under 18 upon a victim 12 or older without physical force and violence likely to cause serious personal injury.
What to Establish
Sexual-battery act; no consent; victim 12 or older; offender under 18; no qualifying great force.
Important Charge Note
Second-degree felony.
Familial or Custodial Authority — Solicitation
Florida Statute § 794.011(8)(a)
Familial or Custodial Authority — Solicitation
Florida Statute § 794.011(8)(a)
A person in familial or custodial authority solicits a person under 18 to engage in an act that would constitute sexual battery.
What to Establish
Solicitation to engage in an act constituting sexual battery; victim under 18; familial or custodial authority.
Important Charge Note
Third-degree felony.
Familial or Custodial Authority — Victim 12 to Under 18
Florida Statute § 794.011(8)(b)
Familial or Custodial Authority — Victim 12 to Under 18
Florida Statute § 794.011(8)(b)
A person in familial or custodial authority engages in an act constituting sexual battery with a victim 12 to under 18.
What to Establish
Sexual-battery act; victim 12 to under 18; familial or custodial authority.
Important Charge Note
First-degree felony; statute permits a term of years not exceeding life under this paragraph.
Familial or Custodial Authority — Victim Under 12
Florida Statute § 794.011(8)(c)
Familial or Custodial Authority — Victim Under 12
Florida Statute § 794.011(8)(c)
A person in familial or custodial authority engages in an act constituting sexual battery with a victim under 12, or injures sexual organs in an attempt.
What to Establish
Sexual-battery act or attempt-related injury; victim under 12; familial or custodial authority.
Important Charge Note
Classification follows the cross-referenced subsection (2) offender-age track.
Elements of the Offense
Elements of the Offense
- Element 1
The defendant committed an act that meets the statutory definition of sexual battery.
Plain language: The conduct must involve the penetration or union described in section 794.011(1)(j), excluding an act done for a bona fide medical purpose.
- Element 2
The State must prove the consent, victim-age, offender-age, force, weapon, injury, authority, or other circumstance required by the charged subsection.
Plain language: The remaining required facts depend on the specific subsection. Use the Classification Matrix and Offense Variations to identify the applicable track.
Jury Instructions
Jury Instructions
Instruction 11.1
Sexual Battery — Victim Less Than 12 Years of Age
Covers section 794.011(2)(a) and (2)(b).
View Official InstructionInstruction 11.2
Sexual Battery — Victim 12 or Older — Great Force or Deadly Weapon
Covers section 794.011(3).
View Official InstructionInstruction 11.3
Sexual Battery — Victim 12 or Older — Under Specified Circumstances
Covers section 794.011(4).
View Official InstructionInstruction 11.5
Solicitation by Person in Familial or Custodial Authority
Covers section 794.011(8)(a).
View Official InstructionInstruction 11.6
Sexual Battery by Person in Familial or Custodial Authority — Victim 12 to Under 18
Covers section 794.011(8)(b).
View Official InstructionInstruction 11.6(a)
Sexual Battery by Person in Familial or Custodial Authority — Victim Under 12
Covers section 794.011(8)(c).
View Official InstructionImportant Definitions
Important Definitions
Sexual Battery
Oral, anal, or female genital penetration by, or union with, the sexual organ of another; or anal or female genital penetration by another object. An act done for a bona fide medical purpose is excluded.
Consent
Intelligent, knowing, and voluntary consent. It does not include coerced submission, and a victim's failure to offer physical resistance does not constitute consent.
Mentally Defective
A mental disease or defect that temporarily or permanently renders a person incapable of appraising the nature of their conduct.
Mentally Incapacitated
Temporary inability to appraise or control one's conduct because of a specified substance administered without consent or another act committed without consent.
Physically Helpless
Unconscious, asleep, or otherwise physically unable to communicate unwillingness to an act.
Serious Personal Injury
Great bodily harm or pain, permanent disability, or permanent disfigurement.
Additional Notes
Additional Notes
Quick Reference
Sexual Battery is a high-variance statute. Identify the victim's age first, then the offender's age, consent or authority circumstance, and whether force, a weapon, injury, or a qualifying prior conviction is alleged.
Classification
The Classification Matrix is a quick statutory map, not a substitute for confirming the charged subsection and all required facts. Use the applicable Offense Variation for charge-specific elements.
Consent and Age
Consent is defined by statute and is not measured by a victim's failure to physically resist. For designated child-victim offenses, the statute also specifies when consent or a belief about age is not a defense.
Related Enhancements
Separate statutes may affect sentencing or reclassification, including dangerous sexual felony offender provisions, multiple-perpetrator provisions, and school-authority enhancements. Verify applicability before relying on a summary.