Florida Sexual Battery Laws

In Florida, it's illegal to engage in sexual acts with another person who hasn't consented, can't consent, or is coerced. People who engage in this unlawful conduct can be charged with sexual battery and face harsh felony penalties, along with sex offender registration requirements.

What Is a Sexual Battery Offense in Florida?

Florida uses the term "sexual battery" rather than the term rape.

The law defines sexual battery as nonconsensual:

• vaginal, oral, or anal penetration or contact with a sexual organ, or
• vaginal or anal penetration with a body part or object.

Consent is only valid if it's knowing, intelligent, and voluntary. There's no legal consent if it's gained through coercion or threats. Also, a victim hasn't consented by failing to physically resist.

In Florida, children younger than 12 cannot legally consent to sexual activity. (This very young age group falls under Florida's sexual battery law. Florida has additional age-based sex crimes—commonly called statutory rape—under different sections of law. Check out our article on Florida Statutory Rape Laws to learn more.)

(Fla. Stat. § 794.011 (2024).)

What Are the Penalties for Sexual Battery in Florida?

Sexual battery offenses are felonies in Florida. The penalty depends on several factors, including:

• the ages of the defendant and victim
• whether the victim has a physical or mental impairment
• the conduct involved, and
• whether the defendant has prior convictions for certain pornography, kidnapping, or sex offenses.

Penalties range from a felony of the second degree to a life or capital felony.

Sexual Battery of a Child Younger Than 12

Sexual battery against a child younger than 12 carries a life sentence in Florida. A defendant can be convicted when:

• committing sexual battery against a child younger than 12, or
• attempting to commit sexual battery against a child younger than 12 and causing injuries to the child's sex organs.

Defendants who are 18 or older commit a capital felony if convicted. A defendant younger than 18 commits a life felony. (While a "capital felony" means the death penalty is on the table, the U.S. Supreme Court has found this punishment unconstitutional in non-homicide cases. Kennedy v. Louisiana, 554 U.S. 407 (2008).)

Sexual Battery Involving a Weapon or Violence

Sexual battery against a victim 12 or older is a life felony when the defendant:

• uses or threatens to use a deadly weapon, or
• uses actual physical force that's likely to cause serious physical injury.

The second factor requires only force that could cause serious injuries. If a victim sustains these injuries, the defendant can face an enhanced sentence for being a dangerous felony sex offender. (More on this below.)

Sexual Battery Involving Coercion, Vulnerable Victim, or Position of Authority

A defendant who commits sexual battery can face charges for a felony of the first degree if any of the following are true:

• the victim is physically helpless or incapacitated (such as asleep, unconscious, or disabled)
• the victim has a mental impairment or deficiency
• the defendant coerces the victim to submit by using threats of force, violence, or retaliation
• the defendant administers drugs or intoxicants to the victim without consent
• the defendant is a police or correctional officer and uses their position of authority over the victim, or
• the defendant is in a position of familial authority over a minor (consent is not a defense here).

These crimes carry up to 30 years of prison time. However, the maximum penalty increases to a life sentence if the defendant has certain prior convictions or the defendant is an adult and the victim is a child.

Sexual Battery

Sexual battery offenses that don't involve any of the above factors are felonies of the first or second degree.

Second-degree felony penalties apply when: (1) both the defendant and victim are adults or (2) the defendant is a minor and the victim is 12 or older. A conviction can mean up to 15 years in prison.

First-degree felony penalties come into play if: (1) the defendant is an adult and the victim is 12 to 17 years old or (2) the defendant has a previous conviction for a sex offense, kidnapping, or pornography. A person convicted of a felony of the first degree under this section faces up to 30 years of prison time.

(Fla. Stat. § 794.011 (2024).)

What Are the Penalties for Dangerous Sexual Felony Offenders in Florida?

Florida law imposes even harsher penalties for sexual battery:

• resulting in serious harm to the victim
• involving the use or threatened use of a deadly weapon, or
• victimizing more than one person.

An adult defendant who commits sexual battery under these circumstances is considered a dangerous sexual felony offender. This designation also applies if the defendant committed the offense while serving a felony sentence or having previously been convicted of certain offenses, including sex offenses against children.

Dangerous sexual felony offenders face an enhanced life sentence with a mandatory minimum 50-year prison term.

(Fla. Stat. § 794.0115 (2024).)

Defenses to Sexual Battery Charges in Florida

A defendant facing sexual battery charges may raise certain defenses or try to poke holes in the prosecution's case.

Consent. As noted above, consent is only a defense if it's knowing, intelligent, and voluntary. A defendant's use of coercion or threats or their position of authority to gain submission does not equal consent. Consent is never a defense when a victim is younger than 12 or a defendant has familial authority over a victim younger than 18. (Fla. Stat. § 794.011 (2024).)

Mistake of age; no defense. Florida law does not allow a mistake-of-age defense for sexual battery. It doesn't matter if the defendant's belief was reasonable or if the victim lied about their age. (Fla. Stat. § 794.021 (2024).)

Reasonable doubt. Prosecutors must prove criminal charges beyond a reasonable doubt. A defense attorney can try to poke holes in the prosecution's case to get an acquittal or reduction in the severity of the charges. For instance, a defense attorney might argue the government did not prove that the defendant used force or violence, that the victim was asleep, or that penetration occurred.

Getting Help

Sexual battery charges are serious. A conviction can result in lengthy prison sentences, sex offender registration, and a criminal record that follows a person for a lifetime. If you face a criminal investigation or charges of sexual battery, talk to a criminal defense attorney.

If you're the victim of a sex crime, help and resources are available to you. RAINN is the nation's largest, anti-sexual violence organization. its hotline and chatline can connect you to local resources and answer your questions. Go to RAINN.org or call 800-656-HOPE (4673).