Senate Bill sb0232c1

    Florida Senate - 2003                            CS for SB 232

    By the Committee on Criminal Justice; and Senators Cowin and
    Fasano




    307-2029-03

  1                      A bill to be entitled

  2         An act relating to mitigating factors in

  3         certain offenses; amending s. 921.0026, F.S.;

  4         providing that consent is not a mitigating

  5         factor for certain sexual offenses if the

  6         defendant is more than 5 years older than the

  7         victim, unless the court makes a written

  8         finding supported by the record that the victim

  9         knowingly and intentionally deceived the

10         defendant about the victim's actual age;

11         providing an effective date.

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

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

16  921.0026, Florida Statutes, to read:

17         921.0026  Mitigating circumstances.--This section

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

19  committed on or after October 1, 1998.

20         (4)  The fact that the victim was an initiator, willing

21  participant, aggressor, or provoker of the incident or

22  consented to the incident is not a mitigating factor to any

23  offense contained in chapter 794 or s. 800.04 in which consent

24  is not a defense to the offense, if the defendant was more

25  than 5 years older than the victim at the time of the offense,

26  unless the court makes a written finding, supported by

27  evidence in the record, that the victim knowingly and

28  intentionally misled or knowingly and intentionally deceived

29  the defendant regarding the victim's actual age.

30         Section 2.  This act shall take effect upon becoming a

31  law.

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






    Florida Senate - 2003                            CS for SB 232
    307-2029-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 232

 3                                 

 4  -    Provides that the fact that the victim was an initiator,
         willing participant, aggressor, or provoker of the
 5       incident or consented to the incident is not a mitigating
         factor (i.e., a factor that may be used to support a
 6       reduction in a sentence) to any offense contained in ch.
         794, F.S. (sexual battery) or s. 800.04, F.S. (lewd or
 7       lascivious assaults or acts) in which consent is not a
         defense to the offense, if the victim was more than 5
 8       years older than the victim at the time of the offense,
         unless the court makes a written finding, supported by
 9       evidence in the record, that the victim knowingly and
         intentionally mislead or knowingly and intentionally
10       deceived the defendant regarding the victims's actual
         age.
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    -    Changes the effective date of the act so that the act
12       takes effect upon becoming a law.

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