The 2023 Florida Statutes (including Special Session C)
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. . . . § 794.05(1) ("Unlawful sexual activity with certain minors"); id. § 794.011(4)(a) ("Sexual battery" . . .
. . . Petitioner's offense, unlawful sexual activity under section 794.05, Florida Statutes, is not a listed . . .
. . . Stubbs was convicted after a jury trial of unlawful sexual activity with a minor in violation of section 794.05 . . . Stubbs was charged with unlawful sexual activity with a minor in violation of section 794.05(1), Florida . . . By describing violations of section 794.05, Witness 1 testified about acts that fall within the statutory . . .
. . . APPENDIX 11.7 UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS § 794.05, Fla. Stat. . . . Give if applicable. § 794.05(1), Fla. Stat. . . . Give if requested. § 794.05(3), Fla. Stat. . . . Lesser Included Offenses UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS - 794.05 CATEGORY ONE CATEGORY . . . If removal of the disabilities of nonage is raised as an issue pursuant to § 794.05(2), Fla. . . .
. . . See § 794.05(1), Fla. Stat. (2014). . . . cases applying section 90.803(23) where the charge is unlawful sexual activity pursuant to section 794.05 . . . was amended as of January 2014 to increase the age of the child from eleven to sixteen, and section 794.05 . . .
. . . Appellant appeals his convictions for thirteen counts of violating section 794.05(1), Florida Statutes . . .
. . . . § 794.05(1) (1991) Idaho Idaho Code Ann. § 18-6101(1) (Supp. 1996) Mississippi Miss. . . .
. . . this section, whichever time is greater. (13)(a) If the victim of a violation of s. 794.011, former s. 794.05 . . .
. . . s. 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.794.011, excluding s. 794.011(10); s. 794.05 . . .
. . . See §§ 794.05, 775.082(3)(c), Fla. Stat. (2004); Cilio v. . . .
. . . with, the sexual organ of another, and the defendant was 24 years of age or older, contrary to Section 794.05 . . . sexual activity with a sixteen- or seventeen-year-old, a second-degree felony prohibited by section 794.05 . . . agency or other governmental agency, whichever occurs earlier” for violations of “s. 794.011, former s. 794.05 . . . to the crime of unlawful sexual activity with a minor, the offense currently prohibited by section 794.05 . . .
. . . and the defendant is not the victim’s parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05 . . .
. . . 787.025(2)(c), s. 787.06(3)(g), former s. 787.06(3)(h), s. 794.011, excluding s. 794.011(10), • s. 794.05 . . .
. . . Comment This instruction was adopted in July 499& 11.7 UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS § 794.05 . . . Lesser Included Offenses UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS — 794.05 CATEGORY ONE CATEGORY . . . If removal of the disabilities of nonage is raised as an issue pursuant to § 794.05(2), Fla. — Stat., . . .
. . . . § 794.05(l)-(2). .Wright does not appeal his conviction of possessing child pornography (count 7). . . .
. . . Section 794.05(1), Florida Statutes (2011), provides as follows: A person [twenty-four] years of age . . .
. . . . § 794.05(1); Haw.Rev.Stat. § 707-730(c); Idaho Code Ann. § 18-6101(1); 720 Ill. Comp. . . . Ann. § 794.05(1); Haw.Rev.Stat. § 707-730(c); 720 Ill. Comp. . . . Ann. § 794.05(1); Haw.Rev.Stat. § 707-730(c); 720 Ill. Comp. Stat. 5/11-1.60(d); Ky.Rev. Stat. . . .
. . . criminal action in which the defendant is charged with a crime against a victim under s. 794.011; s. 794.05 . . .
. . . reversing a conviction for soliciting unlawful sexual activity with minors, in violation of sections 794.05 . . .
. . . unlawful sexual activity with a minor by a person 24 years of age or older, in violation of section 794.05 . . .
. . . convicted of two counts of unlawful sexual activity with a minor, a second-degree felony under section 794.05 . . .
. . . conviction on count two for soliciting unlawful sexual activity with minors, in violation of sections 794.05 . . .
. . . . § 794.05 ("unlawful sexual activity with certain minors”); Haw.Rev.Stat. §§ 707-730; 707-733.6 ("sexual . . .
. . . . § 794.05; Idaho Code Ann. § 18-6101; N.D. . . . Stat. § 794.05; Haw.Rev.Stat. § 707-730; 720 111. Comp. . . .
. . . and the defendant is not the victim’s parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05 . . . and the defendant is not the victim's parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05 . . .
. . . On May 5, 2006, in case number CF06-0600, Tyson was convicted of violating section 794.05, Florida Statutes . . .
. . . See §§ 794.05, .021, Florida Statutes (2012); Hodge v. . . . Under section 794.05, “[a] person 24 years of age or older who engages in sexual activity with a person . . . For example, the Florida Supreme Court upheld the constitutionality of sections 794.05 and 794.021, imposing . . .
. . . . § 794.05, the modern incarnation of Florida’s longstanding statutory rape law. . . . Stat. § 794.05(1). . . . twenty-three years old at the time of his conviction; not twenty-four or older as required by section 794.05 . . . theory that his 2009 conviction for sexual activity with a minor in violation of Florida Statute § 794.05 . . . Florida Statute § 794.05(1) (2009). . . . Lopez-DeLeon dictates that Florida Statute § 794.05(1) (2009) is not a crime of violence under the portion . . .
. . . not the victim’s parent or guardian; s. 794.011, excluding s. 794.011(1), excluding 794.011(10); s. 794.05 . . .
. . . 2010-31317-CFAES, with two counts of unlawful sexual activity with a minor, in violation of section 794.05 . . . would be irrelevant to any material issue in a case involving sex with a minor charged under section 794.05 . . . 4th DCA 2010) (applying section 90.404(2)(b) to similar fact evidence in a prosecution under section 794.05 . . .
. . . supporting her belief that sufficient probable cause existed to believe Holt had violated Florida Statutes § 794.05 . . .
. . . . § 794.05(1), Fla. Stat. (2006). She raises six arguments on appeal. . . .
. . . State, 695 So.2d 1239, 1243 (Fla.1997), and section 794.05(3) states that “[t]he victim’s prior sexual . . .
. . . and the defendant is not the victim’s parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05 . . .
. . . twenty-four years of age or older with a person sixteen or seventeen years of age, in violation of section 794.05 . . .
. . . by a person age twenty-four or older with a minor, age sixteen or seventeen, in violation of section 794.05 . . .
. . . See § 794.05, Fla. Stat. (2005). Tummond testified he knew appellant was older than 28. . . .
. . . See § 794.05(1), Fla. Stat. (1997). . . .
. . . Rivera pleaded nolo contendere to unlawful sexual activity with a minor, a violation of section 794.05 . . .
. . . criminal action in which the defendant is charged with a crime against a victim under s. 794.011; s. 794.05 . . .
. . . See § 794.05(1), Fla. . . .
. . . Neither sections 794.05 nor 800.04, Florida Statutes (2007), apply in the present case. . . . See § 794.05(1), Fla. . . . The version of section 794.05 at issue in B.B. v. . . . .” § 794.05(1), Fla. Stat. (1991). . . . Section 794.05 was amended in 1996 so that only persons over the age of twenty-four, instead of "any . . .
. . . the information fail to allege facts that would constitute “sexual activity” as defined in section 794.05 . . .
. . . . § 794.05; Idaho, Idaho Code Ann. § 18-6101; North Dakota, N.D. . . .
. . . . § 794.05 (if defendant is 24 or older); Idaho (18), Idaho Code § 18-6101; Illinois (17), 720 Ill. . . .
. . . If the victim of a violation of s. 794.011, s. 794.05, s. 800.04, or s. 826.04 is under the age of 16 . . .
. . . Richardson was charged with unlawful sexual activity with a minor pursuant to section 794.05(1), Florida . . .
. . . accused of having sexual intercourse with a female under the age of sixteen, in violation of section 794.05 . . .
. . . Florida Statutes section 794.05 criminalizes, as unlawful sexual activity, “oral, anal, or vaginal penetration . . . perpetrator is twenty-four years of age or older and the victim is sixteen or seventeen years of age. § 794.05 . . . Section 794.05(2) creates an exception in cases where the disability of nonage has been removed, and . . . Additionally, section 794.05 was amended in 1996 during the timeline of events in this case, but it does . . .
. . . committing the crime of engaging in unlawful sexual activity with a minor, in violation of section 794.05 . . .
. . . criminal action in which the defendant is charged with a crime against a victim under s. 794.011; s. 794.05 . . .
. . . See § 794.05(1), Fla. Stat. (2006); Hindenach v. . . .
. . . On appeal from his conviction for violating section 794.05, Florida Statutes (2003), Jovan Feliciano . . . Given the disparity in their ages, his conduct violated section 794.05(1), Florida Statutes (2003), which . . . Walborn, 729 So.2d 504, 506 (Fla. 2d DCA 1999) (finding section 794.05 “reasonably related to the goal . . . The version of section 794.05 at issue in B.B. provided: (1) Any person who has unlawful carnal intercourse . . . Section 794.05 was amended in 1996 so that only persons over the age of twenty-four, instead of "any . . .
. . . convicted at trial of two counts of unlawful sexual activity with a minor, in violation of section 794.05 . . .
. . . .” § 794.05(1). . . .
. . . criminal action in which the defendant is charged with a crime against a victim under s. 794.011; s. 794.05 . . .
. . . See § 794.05(1), Fla. Stat. (2003). . See § 794.01 l(4)(e), Fla. Stat. (2003). . Quarterman v. . . .
. . . See §§ 794.05, 800.04(4), Fla. Stat. (2000). The charges involved two victims. . . .
. . . victim is a minor and the defendant is not the victim’s parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05 . . .
. . . Appellant was found to have violated section 794.05, Florida Statutes (2000), which provides in pertinent . . . Our holding that section 794.05 is a strict liability crime is supported by earlier caselaw finding that . . .
. . . Section 775.15(7) states: If the victim of a violation of s. 794.011, s. 794.05, s. 800.04, or s. 826.04 . . .
. . . victim is a minor and the defendant is not the victim’s parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05 . . .
. . . Appellant was convicted of sexual activity "with a seventeen-year-old minor in violation of section 794.05 . . .
. . . criminal action in which the defendant is charged with a crime against a victim under s. 794.011; s. 794.05 . . .
. . . . § 794.05(1) ("A person 24 years of age or older who engages in sexual activity with a person 16 or . . .
. . . criminal action in which the defendant is charged with a crime against a victim under s. 794.011; s. 794.05 . . .
. . . Therefore, the 1997 statute is applicable. .Section 794.05(1), Fla. . . .
. . . section 794.011), and carnal intercourse with an unmarried person under the age of eighteen (section 794.05 . . .
. . . See § 794.05(2), Fla. Stat. (1997). We affirm the conviction. Mr. . . . Section 794.05(2) states that the prohibitions against sexual activity with a minor do not apply to a . . . The purpose of section 794.05, the statute Mr. . . . We recognize that subsection (2) of section 794.05 does not identify specific sections of chapter 743 . . . This did not remove from her the protection provided by section 794.05. Affirmed. . . .
. . . statute in effect at the time of the crimes here at issue: If the victim of a violation of s. 794.011, s. 794.05 . . .
. . . . § 794.05(1), Fla. Stat. (1999). . § 787.03(1), Fla. Stat. (1999). . . .
. . . Sammie O’Neal Griffin moved to dismiss the information charging him with a violation of section 794.05 . . .
. . . with two counts of unlawful sexual activity with a person 16 or 17 years of age, contrary to section 794.05 . . .
. . . 16 or 17 years of age, by placing his penis in or upon the victim’s vagina, in violation of section 794.05 . . . Constitutional Challenge The defense moved to dismiss Count Two on the grounds that section 794.05, Florida . . . Our sister court recently addressed similar constitutional challenges to the same version of section 794.05 . . . Second District Court found the following justification for the age restriction: In regards to section 794.05 . . . defense to the sexual battery charge, he was improperly forced to admit guilt, pursuant to section 794.05 . . .
. . . Walborn was charged by information with unlawful sexual activity with a minor, pursuant to section 794.05 . . . Walborn filed a motion to dismiss the information and to declare section 794.05, Florida Statutes (1997 . . . The State appeals the dismissal of Wal-born’s information alleging that section 794.05, Florida Statutes . . . On direct appeal, the State alleges that the trial court erred in finding that section 794.05, Florida . . . Section 794.05(1), Florida Statutes (1997), states: A person 24 years of age or older who engages in . . .
. . . Cunningham, 712 So.2d 1221 (Fla. 2d DCA 1998), i.e., whether section 794.05, Florida Statutes (Supp.1996 . . .
. . . prosecuted for carnal intercourse with an unmarried person younger than 18, in violation of section' 794.05 . . .
. . . UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS F.S. 794.05 [NEW] Before you can find the defendant guilty . . .
. . . Appellant, the State of Florida, challenges the trial court order finding section 794.05, Florida Statutes . . . The pertinent parts of section 794.05, Florida Statutes (Supp.1996), provide as follows: 794.05 Unlawful . . . statute to section 794.05, Florida Statutes (1991). . . . The supreme court’s analysis of section 794.05, Florida Statutes (1991), in B.B. v. . . . F.S. 794.05 does not mention exploitation. . . .
. . . State, 659 So.2d 256 (Fla.1995), upon review of a certified question, we found section 794.05, Florida . . . Section 794.05 provided that: (1) Any person who has unlawful sexual intercourse with any unmarried - . . . As in Jones, Justice Kogan filed a separate concurrence and decried the selectivity of section 794.05 . . . Justice Kogan also urged the legislature to either modernize section 794.05 or at least "decide if it . . . Hence, section 794.05 no longer exists in the same form we considered in B.B. . . . .
. . . his probation by having carnal intercourse with a person under the age of 18 in violation of section 794.05 . . .
. . . Wagering, 477 So.2d 544 (Fla.1985): the state had to prove that the statute involved in that case, section 794.05 . . .
. . . State held that section 794.05, Florida Statutes, which prohibits “unlawful carnal intercourse with any . . . minor-minor situation that the adjudication of B.B. as a delinquent through the application of section 794.05 . . . the State’s compelling interest in a minor-minor situation in regard to the statute in B.B., section 794.05 . . .
. . . Hull was not charged with a violation of section 794.05, which forbids intercourse with an unmarried . . .
. . . Griffin that the fact that this case involves section 800.04, Florida Statutes, as opposed to section 794.05 . . . State lacked sufficient compelling interest to prosecute such minor under the provisions of section 794.05 . . . It should be noted that the protected class in section 794.05 is “any unmarried person, of previous chaste . . . Further, I disagree with this court that “B.B. plainly is limited to its statutory target [section 794.05 . . . However, this reasoning cannot be limited to violations of section 794.05 because it was badly drafted . . . If B.B. applies only to section 794.05, a minor escapes prosecution for having consensual sex with another . . . The statute at issue in B.B. was section 794.05, Florida Statutes, which prohibits carnal intercourse . . . pertains to one minor engaging in carnal intercourse with another_” The B.B. court held that section 794.05 . . . In B.B., the problem was the way section 794.05 was drawn; the B.B. court concluded the weaknesses of . . .
. . . The State filed delinquency charges against one of the minors for violating section 794.05, Florida Statutes . . . review, the trial court, relying on In re T.W., 551 So.2d 1186 (Fla.1989), determined that section 794.05 . . . specifically limits our consideration to whether the privacy amendment of the Constitution renders section 794.05 . . . Whether Florida’s privacy amendment, Article I, Section 23 of the Florida Constitution, renders section 794.05 . . . attorney amended the petition from sexual battery to unlawful carnal intercourse pursuant to section 794.05 . . . Section 794.05 provides that: (1) Any person who has unlawful carnal intercourse with any unmarried person . . . Initially, we note that section 794.05 is materially different from section 800.04, Florida Statutes . . . We find that the State failed to meet its burden in applying section 794.05 to adjudicate a minor as . . . Section 794.05, Florida Statutes (1991), prohibits sexual intercourse with an unmarried person of previous . . . In holding section 794.05 unconstitutional as applied, the majority appears to be saying that a sixteen-year-old . . . However, section 794.05 reflects a legislative determination to protect chaste and unmarried children . . .
. . . State, 621 So.2d 573 (Fla. 2d DCA 1993), and also certified this issue in the context of section 794.05 . . .
. . . The state challenges the trial court’s order which declares section 794.05, Florida Statutes (1991), . . . Section 794.05 prohibits any person from having unlawful carnal intercourse with an unmarried person, . . . The trial court relied on In re T.W., 551 So.2d 1186 (Fla.1989), in finding section 794.05 unconstitutional . . . the privacy amendment has not been addressed by the courts of this state in the context of section 794.05 . . . Does Florida’s privacy amendment, article I, section 23 of the Florida Constitution, render section 794.05 . . .
. . . Section 794.05 similarly obviates consent as a defense if the child is under eighteen, unmarried, and . . . consented to the sexual intercourse, charges had to be brought under section 800.04 rather than section 794.05 . . .
. . . .” § 794.05, Fla.Stat. (1991). . . .
. . . CONVICTION OF THE OFFENSE OF CARNAL INTERCOURSE WITH AN UNMARRIED PERSON UNDER THE AGE OF 18 YEARS, SECTION 794.05 . . . Karchesky was tried and convicted under section 794.05, Florida Statutes (1985), of three counts of unlawful . . . offense, stated: “Since victim injury is not an element of the offense of carnal intercourse, see section 794.05 . . . In the present case, the defendant was convicted of violating section 794.05, Florida Statutes (1985) . . .
. . . . §§ 794.041 & 794.05 (1989). One exception is for a minor who is lawfully married. . . .
. . . unlawful carnal intercourse with an unmarried person under the age of 18 years in violation of section 794.05 . . . appeal of his sentence), he never raised the issue of whether victim injury can be scored under section 794.05 . . . CONVICTION OF THE OFFENSE OF CARNAL INTERCOURSE WITH AN UNMARRIED PERSON UNDER THE AGE OF 18 YEARS, SECTION 794.05 . . .
. . . Florida Statutes Section 794.05(1) provides: Any person who has unlawful carnal intercourse with any . . .
. . . S. 794.05) was to protect “. . . the virginity of young maidens. . . .” . . . published since Simmons, supra, reveals no change in philosophy concerning the intended function of F.S. 794.05 . . . protection of a woman’s virginity has always been the goal sought to be achieved by statutes such a F.S. 794.05 . . . Florida’s statutory rape statute, F.S. 794.05, as well as,- F.S. 800.04, are gender neutral, thus rendering . . .
. . . eighteen and committing a lewd and lascivious act on a child under sixteen, in violation of sections 794.05 . . .
. . . statute is violated, which statute used to be known as the proscription against “statutory rape,” § 794.05 . . . . § 794.05 Carnal intercourse with unmarried person under 18 years.— (1) Any person who has unlawful . . . Those persons are described in § 794.05 and are unmarried, under 18 and chaste. . . . The adjudication of delinquency regarding a violation of § 794.05 is reversed. . . . COBB, Judge, concurring specially: As I read section 794.05, Florida Statutes (1985) (statutory rape) . . . use of force to the satisfaction of the finder of fact, the alternative charge pursuant to section 794.05 . . .
. . . As a result of this single act of intercourse, defendant was charged with and convicted of section 794.05 . . . with this same victim, the defendant was likewise charged and convicted of two more counts of section 794.05 . . . Therefore, when the defendant was charged with sexual battery under section 794.05, Florida Statutes . . . were simply redundant as they were lesser included offenses of the charge of sexual battery, section 794.05 . . . while the victim in this case was over 12 years old, and (2) here Karchesky is charged under section 794.05 . . .
. . . non-consent is essential under § 794.011(5) and previous chaste character is generally essential under § 794.05 . . .
. . . Another section is 794.05, (carnal intercourse with an unmarried person under the age of 18 years and . . .