Florida Senate - 2023 SB 1022 By Senator Stewart 17-00892-23 20231022__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to sexual battery on mentally 2 incapacitated persons; amending s. 794.011, F.S.; 3 providing

definitions; revising terminology; 4 prohibiting sexual battery upon a person who is 5 involuntarily or voluntarily mentally incapacitated; 6 providing criminal penalties; amending ss. 92.565 and 7 787.06, F.S.; conforming provisions to changes made by 8 the act; providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12

Section 1. Paragraph (

l) is added to subsection (1) of 13

section 794.011, Florida Statutes, present paragraphs (

c) and 14 (

d) of that subsection are redesignated as paragraphs (

d) and 15 (c), respectively, and present paragraph (

d) of that subsection 16 and paragraph (

e) of subsection (4) are amended, to read: 17 794.011 Sexual battery.— 18

(1) As used in this chapter: 19 (c)(d) “Involuntarily mentally incapacitated” means 20 temporarily incapable of appraising or controlling a person’s 21 own conduct due to the influence of a narcotic, anesthetic, or 22 intoxicating substance administered without his or her consent 23 or due to any other act committed upon that person without his 24 or her consent. 25 (l) “Voluntarily mentally incapacitated” means temporarily 26 incapable of appraising or controlling a person’s own conduct 27 due to the influence of a narcotic, anesthetic, or intoxicating 28 substance administered with his or her consent or due to any 29 Florida Senate - 2023 SB 1022 17-00892-23 20231022__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. other act committed upon that person with his or her consent. 30 (4) 31 (

e) The following circumstances apply to paragraphs (a)-32 (d): 33 1. The victim is physically helpless to resist. 34 2. The offender coerces the victim to submit by threatening 35 to use force or violence likely to cause serious personal injury 36 on the victim, and the victim reasonably believes that the 37 offender has the present ability to execute the threat. 38 3. The offender coerces the victim to submit by threatening 39 to retaliate against the victim, or any other person, and the 40 victim reasonably believes that the offender has the ability to 41 execute the threat in the future. 42 4.

The offender, without the prior knowledge or consent of 43 the victim, administers or has knowledge of someone else 44 administering to the victim any narcotic, anesthetic, or other 45 intoxicating substance that involuntarily or voluntarily 46 mentally incapacitates or physically incapacitates the victim. 47 5. The victim is mentally defective, and the offender has 48 reason to believe this or has actual knowledge of this fact. 49 6. The victim is physically incapacitated. 50 7.

The offender is a law enforcement officer, correctional 51 officer, or correctional probation officer as defined in s. 52 943.10(1), (2), (3), (6), (7), (8), or (9), who is certified 53 under s. 943.1395 or is an elected official exempt from such 54 certification by virtue of s. 943.253, or any other person in a 55 position of control or authority in a probation, community 56 control, controlled release, detention, custodial, or similar 57 setting, and such officer, official, or person is acting in such 58 Florida Senate - 2023 SB 1022 17-00892-23 20231022__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. a manner as to lead the victim to reasonably believe that the 59 offender is in a position of control or authority as an agent or 60 employee of government. 61

Section 2. Paragraph (

a) of subsection (2) of

section 62 92.565, Florida Statutes, is amended to read: 63 92.565 Admissibility of confession in sexual abuse cases.— 64

(2) In any criminal action in which the defendant is 65 charged with a crime against a victim under s. 787.06(3), 66 involving commercial sexual activity; s. 794.011; s. 794.05; s. 67 800.04; s. 826.04; s. 827.03, involving sexual abuse; s. 827.04, 68 involving sexual abuse; s. 827.071; or s. 847.0135(5), or any 69 other crime involving sexual abuse of another, or with any 70 attempt, solicitation, or conspiracy to commit any of these 71 crimes, the defendant’s memorialized confession or admission is 72 admissible during trial without the state having to prove a 73 corpus delicti of the crime if the court finds in a hearing 74 conducted outside the presence of the jury that the state is 75 unable to show the existence of each element of the crime, and 76 having so found, further finds that the defendant’s confession 77 or admission is trustworthy.

Factors which may be relevant in 78 determining whether the state is unable to show the existence of 79 each element of the crime include, but are not limited to, the 80 fact that, at the time the crime was committed, the victim was: 81 (

a) Physically helpless, involuntarily mentally 82 incapacitated, voluntarily mentally incapacitated, or mentally 83 defective, as those terms are defined in s. 794.011; 84

Section 3. Paragraph (

g) of subsection (3) of

section 85 787.06, Florida Statutes, is amended to read: 86 787.06 Human trafficking.— 87 Florida Senate - 2023 SB 1022 17-00892-23 20231022__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions.

(3) Any person who knowingly, or in reckless disregard of 88 the facts, engages in human trafficking, or attempts to engage 89 in human trafficking, or benefits financially by receiving 90 anything of value from participation in a venture that has 91 subjected a person to human trafficking: 92 (

g) For commercial sexual activity in which any child 93 younger than 18 years of age or an adult believed by the person 94 to be a child younger than 18 years of age, or in which any 95 person who is mentally defective, involuntarily or mentally 96 incapacitated, or voluntarily mentally incapacitated, as those 97 terms are defined in s. 794.011(1), is involved commits a life 98 felony, punishable as provided in s. 775.082(3)(a)6., s. 99 775.083, or s. 775.084. 100 101 For each instance of human trafficking of any individual under 102 this subsection, a separate crime is committed and a separate 103 punishment is authorized. 104

Section 4. This act shall take effect October 1, 2023. 105