Sexual Battery with a Deadly Weapon

Victim Twelve Years or Older F.S. 794.011(8)(b) [Life Felony]

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

  1. The victim was twelve years of age or older, and

  2. The victim did not consent, and

  3. 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.

  4. In the process of committing the alleged sexual abuse the Defendant used or threatened to use a deadly weapon or used physical force likely to cause serious personal injury.