The Legislature finds that the least serious sexual battery offense, which is provided in s. 794.011(5), was intended, and remains intended, to serve as the basic charge of sexual battery and to be necessarily included in the offenses charged under subsections (3) and (4), within the meaning of s. 924.34; and that it was never intended that the sexual battery offense described in s. 794.011(5) require any force or violence beyond the force and violence that is inherent in the accomplishment of “penetration” or “union.”
Fla. Stat. § 794.005
Legislative findings and intent as to basic charge of sexual battery
Applied in 1 court decision — leading case United States v. Contreras (2014)
Most recently applied in United States v. Contreras (January 2014)
History.--s. 2, ch. 92-135.
Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.