Florida Senate - 2023                                    SB 1022
       
       
        
       By Senator Stewart
       
       
       
       
       
       17-00892-23                                           20231022__
    1                        A bill to be entitled                      
    2         An act relating to sexual battery on mentally
    3         incapacitated persons; amending s. 794.011, F.S.;
    4         providing definitions; revising terminology;
    5         prohibiting sexual battery upon a person who is
    6         involuntarily or voluntarily mentally incapacitated;
    7         providing criminal penalties; amending ss. 92.565 and
    8         787.06, F.S.; conforming provisions to changes made by
    9         the act; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (l) is added to subsection (1) of
   14  section 794.011, Florida Statutes, present paragraphs (c) and
   15  (d) of that subsection are redesignated as paragraphs (d) and
   16  (c), respectively, and present paragraph (d) of that subsection
   17  and paragraph (e) of subsection (4) are amended, to read:
   18         794.011 Sexual battery.—
   19         (1) As used in this chapter:
   20         (c)(d) “Involuntarily mentally incapacitated” means
   21  temporarily incapable of appraising or controlling a person’s
   22  own conduct due to the influence of a narcotic, anesthetic, or
   23  intoxicating substance administered without his or her consent
   24  or due to any other act committed upon that person without his
   25  or her consent.
   26         (l)“Voluntarily mentally incapacitated” means temporarily
   27  incapable of appraising or controlling a person’s own conduct
   28  due to the influence of a narcotic, anesthetic, or intoxicating
   29  substance administered with his or her consent or due to any
   30  other act committed upon that person with his or her consent.
   31         (4)
   32         (e) The following circumstances apply to paragraphs (a)
   33  (d):
   34         1. The victim is physically helpless to resist.
   35         2. The offender coerces the victim to submit by threatening
   36  to use force or violence likely to cause serious personal injury
   37  on the victim, and the victim reasonably believes that the
   38  offender has the present ability to execute the threat.
   39         3. The offender coerces the victim to submit by threatening
   40  to retaliate against the victim, or any other person, and the
   41  victim reasonably believes that the offender has the ability to
   42  execute the threat in the future.
   43         4. The offender, without the prior knowledge or consent of
   44  the victim, administers or has knowledge of someone else
   45  administering to the victim any narcotic, anesthetic, or other
   46  intoxicating substance that involuntarily or voluntarily
   47  mentally incapacitates or physically incapacitates the victim.
   48         5. The victim is mentally defective, and the offender has
   49  reason to believe this or has actual knowledge of this fact.
   50         6. The victim is physically incapacitated.
   51         7. The offender is a law enforcement officer, correctional
   52  officer, or correctional probation officer as defined in s.
   53  943.10(1), (2), (3), (6), (7), (8), or (9), who is certified
   54  under s. 943.1395 or is an elected official exempt from such
   55  certification by virtue of s. 943.253, or any other person in a
   56  position of control or authority in a probation, community
   57  control, controlled release, detention, custodial, or similar
   58  setting, and such officer, official, or person is acting in such
   59  a manner as to lead the victim to reasonably believe that the
   60  offender is in a position of control or authority as an agent or
   61  employee of government.
   62         Section 2. Paragraph (a) of subsection (2) of section
   63  92.565, Florida Statutes, is amended to read:
   64         92.565 Admissibility of confession in sexual abuse cases.—
   65         (2) In any criminal action in which the defendant is
   66  charged with a crime against a victim under s. 787.06(3),
   67  involving commercial sexual activity; s. 794.011; s. 794.05; s.
   68  800.04; s. 826.04; s. 827.03, involving sexual abuse; s. 827.04,
   69  involving sexual abuse; s. 827.071; or s. 847.0135(5), or any
   70  other crime involving sexual abuse of another, or with any
   71  attempt, solicitation, or conspiracy to commit any of these
   72  crimes, the defendant’s memorialized confession or admission is
   73  admissible during trial without the state having to prove a
   74  corpus delicti of the crime if the court finds in a hearing
   75  conducted outside the presence of the jury that the state is
   76  unable to show the existence of each element of the crime, and
   77  having so found, further finds that the defendant’s confession
   78  or admission is trustworthy. Factors which may be relevant in
   79  determining whether the state is unable to show the existence of
   80  each element of the crime include, but are not limited to, the
   81  fact that, at the time the crime was committed, the victim was:
   82         (a) Physically helpless, involuntarily mentally
   83  incapacitated, voluntarily mentally incapacitated, or mentally
   84  defective, as those terms are defined in s. 794.011;
   85         Section 3. Paragraph (g) of subsection (3) of section
   86  787.06, Florida Statutes, is amended to read:
   87         787.06 Human trafficking.—
   88         (3) Any person who knowingly, or in reckless disregard of
   89  the facts, engages in human trafficking, or attempts to engage
   90  in human trafficking, or benefits financially by receiving
   91  anything of value from participation in a venture that has
   92  subjected a person to human trafficking:
   93         (g) For commercial sexual activity in which any child
   94  younger than 18 years of age or an adult believed by the person
   95  to be a child younger than 18 years of age, or in which any
   96  person who is mentally defective, involuntarily or mentally
   97  incapacitated, or voluntarily mentally incapacitated, as those
   98  terms are defined in s. 794.011(1), is involved commits a life
   99  felony, punishable as provided in s. 775.082(3)(a)6., s.
  100  775.083, or s. 775.084.
  101  
  102  For each instance of human trafficking of any individual under
  103  this subsection, a separate crime is committed and a separate
  104  punishment is authorized.
  105         Section 4. This act shall take effect October 1, 2023.