Senate Bill sb0232

    Florida Senate - 2003                                   SB 232

    By Senator Cowin





    20-276A-03

  1                      A bill to be entitled

  2         An act relating to sentencing; amending s.

  3         921.0026, F.S.; prohibiting the court from

  4         departing downward from the lowest sentence

  5         permitted under the Criminal Punishment Code

  6         based on the victim's consent to a sexual

  7         offense if the victim was younger than 16 years

  8         of age and the defendant was 18 years of age or

  9         older; provides for the prohibition to apply

10         regardless of whether the victim's consent was

11         raised as a defense in the case; providing an

12         effective date.

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

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16         Section 1.  Subsection (4) is added to section

17  921.0026, Florida Statutes, to read:

18         921.0026  Mitigating circumstances.--This section

19  applies to any felony offense, except any capital felony,

20  committed on or after October 1, 1998.

21         (4)  A downward departure from the lowest permissible

22  sentence for a sexual offense, including, but not limited to,

23  a sexual offense described in chapter 794, chapter 800, or

24  chapter 827, is not permissible on the basis of the victim's

25  consent to the offense if the victim was younger than 16 years

26  of age and the defendant was 18 years of age or older,

27  regardless of whether consent was raised as a defense in the

28  prosecution of the offense.

29         Section 2.  This act shall take effect July 1, 2003.

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    Florida Senate - 2003                                   SB 232
    20-276A-03




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 2                          SENATE SUMMARY

 3    Provides that in sentencing a defendant under the
      Criminal Punishment Code for a sexual offense, the court
 4    may not depart downward from the lowest sentence
      permitted based upon the victim's consent if the victim
 5    was younger than 16 years of age and the defendant was 18
      years of age or older. Provides that the prohibition
 6    applies regardless of whether the victim's consent was
      raised as a defense in the case.
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CODING: Words stricken are deletions; words underlined are additions.