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