Sexual Battery & Rape Crimes in Florida

• The alleged offender and the victim were 18 years of age or older and no physical force or violence was used.
• The alleged offender was under 18 years of age and the victim was 12 years of age or older and no physical or violence was used.

In Florida, second-degree felonies are penalized by up to 15 years in prison and/or up to $10,000 in fines.

In the following situations, sexual battery is a first-degree felony:

• The alleged offender was 18 years of age or older and the victim was 12 years of age or older but under 18 years of age, and in the process does not use physical force or violence likely to cause serious bodily injury;
• The alleged offender was under 18 years of age and the victim was 12 years of age or older; or
• The alleged offender and victim were 18 years of age or older; and
• Any of the following circumstances were present:
  • The victim was physically incapable of resisting,
  • The offender threatened to use force or violence that would cause serious injury,
  • The offender threatened to retaliate against the victim or any other person,
  • The alleged offender gave the victim an intoxicant making them unable to resist,
  • The offender knew or should have known that the victim was mentally defective,
  • The victim was physically incapacitated, or
  • The victim was a police officer, correctional officer, or probation officer.

First-degree felonies are punishable by up to 30 years’ imprisonment, 30 years of sex offender probation, and/or up to $10,000 in fines.

Sexual battery is a life felony when:

• The alleged offender was less than 18 years of age and the victim was under 12 years of age.
• The alleged offender used or threatened to use a deadly weapon or used actual physical force likely to cause serious personal injury and the victim was 12 years of age or older.
• The alleged offender was 18 years of age or older and the victim was 12 years of age or older but under 18 years of age; and
• Any of the following circumstances were present:
  • The victim was physically incapable of resisting,
  • The offender threatened to use force or violence that would cause serious injury,
  • The offender threatened to retaliate against the victim or any other person,
  • The alleged offender gave the victim an intoxicant making them unable to resist,
  • The offender knew or should have known that the victim was mentally defective,
  • The victim was physically incapacitated, or
  • The victim was a police officer, correctional officer, or probation officer.

A life felony is punishable by life imprisonment, lifelong sex offender probation, and/or a $15,000 fine.

Sexual battery is a capital felony when the alleged offender was 18 years of age or older and the victim was under 12 years of age.

Capital felonies are penalized by life imprisonment without the possibly of parole.

As with any serious sex crime, a person convicted of sexual battery will be required to register as a sexual offender or sexual predator for the remainder of his or her life. Mandatory sex offender registration is sometimes the most damaging consequence of a sexual battery conviction, as it can rapidly remove educational, employment, and residential opportunities.

Defend Your Rights with an Award-Winning Attorney

Attorney Greg Rosenfeld is renowned throughout Florida for his skills, professionalism, and client dedication. He has been honored with numerous accolades and memberships throughout the years, including being selected to the Florida Rising Stars list and receiving an AV Preeminent® 5/5 rating by Martindale-Hubbell®. If you are accused of sexual battery, you cannot risk your future with an attorney less accomplished than Greg Rosenfeld.

Get our West Palm Beach sexual battery defense attorney in your corner. Contact us at (561) 902-1122 right away!