Senate Bill sb0934

    Florida Senate - 2002                                   SB 934

    By Senator Wasserman Schultz





    32-853-02                                           See HB 163

  1                      A bill to be entitled

  2         An act relating to sexual offenses; amending

  3         ss. 794.011 and 800.04, F.S.; prohibiting a

  4         defense based upon consent with respect to

  5         sexual battery or certain lewd or lascivious

  6         offenses under certain circumstances; providing

  7         an effective date.

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  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Subsection (11) is added to section

12  794.011, Florida Statutes, to read:

13         794.011  Sexual battery.--

14         (11)  There shall be no defense to a charge of sexual

15  battery based upon consent when the accused is 16 years of age

16  or older and the accused knew or had reason to know that the

17  victim was mentally disabled when the victim's effective

18  mentality was less than 18 years of age at the time of the

19  offense.

20         Section 2.  Subsection (2) of section 800.04, Florida

21  Statutes, is amended to read:

22         800.04  Lewd or lascivious offenses committed upon or

23  in the presence of persons less than 16 years of age.--

24         (2)  PROHIBITED DEFENSES.--Neither the victim's lack of

25  chastity nor the victim's consent is a defense to the crimes

26  proscribed by this section. There shall be no defense to the

27  crimes prescribed by this section based upon consent when the

28  accused is 16 years of age or older and the accused knew or

29  had reason to know that the victim was mentally disabled when

30  the victim's effective mentality was less than 18 years of age

31  at the time of the offense.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                   SB 934
    32-853-02                                           See HB 163




  1         Section 3.  This act shall take effect July 1, 2002.

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  4                          HOUSE SUMMARY

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      Provides that there shall be no defense to a charge of
  6    sexual battery or described lewd or lascivious offenses
      based upon consent when the accused is 16 years of age or
  7    older and the accused knew or had reason to know that the
      victim was mentally disabled and the victim's effective
  8    mentality was less than 18 years of age at the time of
      the offense.
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CODING: Words stricken are deletions; words underlined are additions.