Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. CS for SB 526
Ì7814645Î781464
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/04/2014 .
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1 Senate Amendment
2
3 Delete lines 53 - 129
4 and insert:
5 (d) A person commits a felony of the first degree,
6 punishable by a term of years not exceeding life or as provided
7 in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 if the
8 person commits sexual battery upon a person 12 years of age or
9 older without that person’s consent, under any of the
10 circumstances listed in paragraph (e), and such person was
11 previously convicted of a violation of:
12 1. Section 787.01(2) or s. 787.02(2) when the violation
13 involved a victim who was a minor and, in the course of
14 committing that violation, the defendant committed against the
15 minor a sexual battery under this chapter or a lewd act under s.
16 800.04 or s. 847.0135(5);
17 2. Section 787.01(3)(a)2. or 3.;
18 3. Section 787.02(3)(a)2. or 3.;
19 4. Section 800.04;
20 5. Section 825.1025;
21 6. Section 847.0135(5); or
22 7. This chapter, excluding subsection (10) of this section.
23 (e) The following circumstances apply to paragraphs (a)
24 (d):
25 1.(a) When The victim is physically helpless to resist.
26 2.(b) When The offender coerces the victim to submit by
27 threatening to use force or violence likely to cause serious
28 personal injury on the victim, and the victim reasonably
29 believes that the offender has the present ability to execute
30 the threat.
31 3.(c) When The offender coerces the victim to submit by
32 threatening to retaliate against the victim, or any other
33 person, and the victim reasonably believes that the offender has
34 the ability to execute the threat in the future.
35 4.(d) When The offender, without the prior knowledge or
36 consent of the victim, administers or has knowledge of someone
37 else administering to the victim any narcotic, anesthetic, or
38 other intoxicating substance that which mentally or physically
39 incapacitates the victim.
40 5.(e) When The victim is mentally defective, and the
41 offender has reason to believe this or has actual knowledge of
42 this fact.
43 6.(f) When The victim is physically incapacitated.
44 7.(g) When The offender is a law enforcement officer,
45 correctional officer, or correctional probation officer as
46 defined in by s. 943.10(1), (2), (3), (6), (7), (8), or (9), who
47 is certified under the provisions of s. 943.1395 or is an
48 elected official exempt from such certification by virtue of s.
49 943.253, or any other person in a position of control or
50 authority in a probation, community control, controlled release,
51 detention, custodial, or similar setting, and such officer,
52 official, or person is acting in such a manner as to lead the
53 victim to reasonably believe that the offender is in a position
54 of control or authority as an agent or employee of government.
55 (5)(a) A person 18 years of age or older who commits sexual
56 battery upon a person 12 years of age or older but younger than
57 18 years of age, without that person’s consent, and in the
58 process thereof does not use physical force and violence likely
59 to cause serious personal injury commits a felony of the first
60 second degree, punishable as provided in s. 775.082, s. 775.083,
61 s. 775.084, or s. 794.0115.
62 (b) A person 18 years of age or older who commits sexual
63 battery upon a person 18 years of age or older, without that
64 person’s consent, and in the process does not use physical force
65 and violence likely to cause serious personal injury commits a
66 felony of the second degree, punishable as provided in s.
67 775.082, s. 775.083, s. 775.084, or s. 794.0115.
68 (c) A person younger than 18 years of age who commits
69 sexual battery upon a person 12 years of age or older, without
70 that person’s consent, and in the process does not use physical
71 force and violence likely to cause serious personal injury
72 commits a felony of the second degree, punishable as provided in
73 s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
74 (d) A person commits a felony of the first degree,
75 punishable as provided in s. 775.082, s. 775.083, s. 775.084, or
76 s. 794.0115 if the person commits sexual battery upon a person
77 12 years of age or older, without that person’s consent, and in
78 the process does not use physical force and violence likely to
79 cause serious personal injury and the person was previously
80 convicted of a violation of:
81 1. Section 787.01(2) or s. 787.02(2) when the violation
82 involved a victim who was a minor and, in the course of
83 committing that violation, the defendant committed against the
84 minor a sexual battery under this chapter or a lewd act under s.
85 800.04 or s. 847.0135(5);
86 2. Section 787.01(3)(a)2. or 3.;
87 3. Section 787.02(3)(a)2. or 3.;
88 4. Section 800.04;
89 5. Section 825.1025;
90 6. Section 847.0135(5); or
91 7. This chapter, excluding subsection (10) of this section.
92