Florida Senate - 2022 SB 868 By Senator Stewart 13-01049-22 2022868__ 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 a mentally 2 incapacitated person; amending s. 794.011, F.S.; 3 revising the definition of the term “mentally 4 incapacitated”; revising provisions concerning sexual 5 battery upon a person who is mentally incapacitated; 6 providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10

Section 1. Paragraph (

c) of subsection (1) and subsection 11 (4) of

section 794.011, Florida Statutes, are amended to read: 12 794.011 Sexual battery.— 13

(1) As used in this chapter: 14 (c) “Mentally incapacitated” means temporarily incapable of 15 appraising or controlling a person’s own conduct due to the 16 influence of a narcotic, an anesthetic, or an intoxicating 17 substance administered without his or her consent or due to any 18 other act committed upon that person without his or her consent. 19 (4)(

a) A person 18 years of age or older who commits sexual 20 battery upon a person 12 years of age or older but younger than 21 18 years of age without that person’s consent, under any of the 22 circumstances listed in paragraph (e), commits a felony of the 23 first degree, punishable by a term of years not exceeding life 24 or as provided in s. 775.082, s. 775.083, s. 775.084, or s. 25 794.0115. 26 (

b) A person 18 years of age or older who commits sexual 27 battery upon a person 18 years of age or older without that 28 person’s consent, under any of the circumstances listed in 29 Florida Senate - 2022 SB 868 13-01049-22 2022868__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. paragraph (e), commits a felony of the first degree, punishable 30 as provided in s. 775.082, s. 775.083, s. 775.084, or s. 31 794.0115. 32 (

c) A person younger than 18 years of age who commits 33 sexual battery upon a person 12 years of age or older without 34 that person’s consent, under any of the circumstances listed in 35 paragraph (e), commits a felony of the first degree, punishable 36 as provided in s. 775.082, s. 775.083, s. 775.084, or s. 37 794.0115. 38 (

d) A person commits a felony of the first degree, 39 punishable by a term of years not exceeding life or as provided 40 in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 if the 41 person commits sexual battery upon a person 12 years of age or 42 older without that person’s consent, under any of the 43 circumstances listed in paragraph (e), and such person was 44 previously convicted of a violation of: 45 1.

Section 787.01(2) or s. 787.02(2) when the violation 46 involved a victim who was a minor and, in the course of 47 committing that violation, the defendant committed against the 48 minor a sexual battery under this

chapter or a lewd act under s. 49 800.04 or s. 847.0135(5); 50 2.

Section 787.01(3)(a)2. or 3.; 51 3.

Section 787.02(3)(a)2. or 3.; 52

Section 800.04; 53

Section 825.1025; 54 6.

Section 847.0135(5); or 55 7. This chapter, excluding subsection (10) of this section. 56 (

e) The following circumstances apply to paragraphs (a)-57 (d): 58 Florida Senate - 2022 SB 868 13-01049-22 2022868__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. 1. The victim is physically helpless to resist. 59 2. The offender coerces the victim to submit by threatening 60 to use force or violence likely to cause serious personal injury 61 on the victim, and the victim reasonably believes that the 62 offender has the present ability to execute the threat. 63 3.

The offender coerces the victim to submit by threatening 64 to retaliate against the victim, or any other person, and the 65 victim reasonably believes that the offender has the ability to 66 execute the threat in the future. 67 4. The victim is mentally incapacitated, and the offender 68 has reason to believe this or has actual knowledge of this fact 69 offender, without the prior knowledge or consent of the victim, 70 administers or has knowledge of someone else administering to 71 the victim any narcotic, anesthetic, or other intoxicating 72 substance that mentally or physically incapacitates the victim. 73 5.

The victim is mentally defective, and the offender has 74 reason to believe this or has actual knowledge of this fact. 75 6. The victim is physically incapacitated. 76 7.

The offender is a law enforcement officer, correctional 77 officer, or correctional probation officer as defined in s. 78 943.10(1), (2), (3), (6), (7), (8), or (9), who is certified 79 under s. 943.1395 or is an elected official exempt from such 80 certification by virtue of s. 943.253, or any other person in a 81 position of control or authority in a probation, community 82 control, controlled release, detention, custodial, or similar 83 setting, and such officer, official, or person is acting in such 84 a manner as to lead the victim to reasonably believe that the 85 offender is in a position of control or authority as an agent or 86 employee of government. 87 Florida Senate - 2022 SB 868 13-01049-22 2022868__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions.

Section 2. This act shall take effect October 1, 2022. 88