Capital Sexual Battery

Victim Less Than Twelve F.S. 794.011(2) [Capital Felony]

Before you can find a Defendant guilty of Sexual Battery on a person under twelve years of age, the State Attorney's Office must prove the following two elements beyond a reasonable doubt:

  1. The victim was less than twelve years of age, and

  2. Defendant committed an act upon or with the victim in which:

    1. the sexual organ of the victim or the defendant penetrated or had union with the anus, or vagina, or mouth of the victim or the defendant, or
    2. committed an act upon the victim in which the anus, or vagina of the victim was penetrated by an object, or
    3. injured the sexual organ of the victim in an attempt to commit an act upon or with the victim in which the sexual organ of the defendant or the victim would have penetrated or would have had union with the anus, or mouth, or vagina of the victim or the defendant, or
    4. injured the sexual organ of the victim in an attempt to commit an act upon the victim in which the anus or vagina of the victim would be penetrated by an object.

NOTE:
1. Sentencing. The punishment for sexual battery upon a person under twelve is greater depending on the age of the defendant. Therefore, if you find the defendant guilty of sexual battery upon a person less than twelve years of age and further you find that at the time of the commission of the sexual battery the defendant was eighteen years of age or older the defendant shall be sentenced to minimum mandatory life sentence. If the Defendant was found to be under eighteen at the time of the relevant sexual battery he/she can be sentenced up to life in prison with a twenty-five year minimum mandatory.
2. Legal Defense. Any act done for a bona fide medical purpose is not a sexual battery.
3. Union. Union means "contact".