This page contains the various statutes which are applicable to the prosecution of sexual abuse and child abuse. The list below describes each statute. Clicking on the title of a chapter will give you the option of opening the document in Microsoft Word format or saving it to your computer. I have also provided you with the option of accessing the statutes directly from the Internet. This site will work better if you use the icons at the top of the page instead of the "Back" button.
STATE
 | Summary Chart: This is a chart which highlights the various
elements of the statutes proscribing sexual conduct with children. It is
a good quick reference tool. |
| Summary Chart by Assistant State
Attorney Kenneth Lewis: This is an excellent chart outlining the
various statutes and rules of evidence relevant to prosecuting sex crimes
and child abuse. It is very comprehensive and useful for both law
enforcement and attorneys. Mr. Lewis has also been kind enough to
share his sexual offender chart,
which outlines the various elements of the complex sexual offender and
predator laws. |
| Sexual Battery- Chapter 794:
This section of the Florida
Statutes contains the laws prohibiting the sexual battery of both adults and
children. Sexual battery is defined as the oral, vaginal or anal
penetration by or union with the sexual organ of another. Consent is a
defense to sexual battery unless the victim is less than 12 years of age or
less than 18 years of age when the offender stands in a position of familial
or custodial authority. It should be noted that sexual battery upon a
child less than 12 years of age is a capital felony with a mandatory life
sentence. |
| Lewd or Lascivious Conduct-Chapter 800.04: This section of the
Florida Statutes covers practically every lewd act performed on a child less
than 16 years of age. Consent is not a defense to the statute, so if an
individual has consensual sexual intercourse with a person less than 16 years
of age, this statute is used instead of the sexual battery statute. If in
doubt about which statute covers a particular lewd offense, it is probably
this one. |
| Unlawful Sexual Activity With Certain Minors-Chapter 794.05:
This section of the Florida Statutes covers sexual intercourse where the
offender is 24 years or older and the victim is 16 or 17 years of age.
Consent is not a defense to this charge. |
| Child Abuse-Chapter 827: This section of the Florida Statutes
covers all child abuse. It is important to note that all child abuse
charges are felonies. It should also be noted that the statute
concerning contributing to the delinquency of a minor has recently been ruled
unconstitutional by the 5th District Court of Appeals. This statute also
makes it a felony to impregnate a minor less than 16 years of age. |
| Battery
of child by throwing, tossing, projecting, or expelling certain fluids or
materials. 784.085:This section of the Florida Statutes makes it a
third degree felony to throw feces, urine, blood or semen onto a child. |
| Sexual Performance by a Child-Chapter 827.071: This section of
the Florida Statutes covers situations where children are used in sexual
performances. It punishes the production, distribution and possession of
child pornography. The statute has recently been used extensively to
combat the distribution of child pornography over the Internet. |
| Computer Pornography 847.0135:
This section of the Florida Statutes covers situations where offenders use
their computers and/or the Internet to lure or entice minors to engage in
sexual activity. |
| Special
Rights and Protections for Victims: A listing of many of the statutes
implemented to protect the victims in the court system. Most of the rights are
included in Florida
Statute 960. |
| Sexual
Misconduct by a Department of Corrections Employee 944.35(3): This
section makes it a felony for prison guards and probation officers to have
sex with inmates or supervisees. Consent is not a defense to this
charge. |
| Sexual
Predator Registration 775.21: This section of the Florida Statutes
covers the sexual predator registration criteria in Florida. Who
qualifies as a sexual predator, how they must register and how the community
is notified are all covered in this section. To get a good overview of
how the sexual predator and sexual offender statutes work, see the FDLE
Legal Brief on the issue. |
| Sexual
Offender Registration 943.0435: This section of the Florida Statutes
covers the requirement of sexual offenders to register. Sexual offenders
are offenders whose sex crimes are not quite as serious as those of sexual
predators. The registration and notifications requirements are
different. |
| Voyeurism: 810.14: This statute makes it a misdemeanor for a person with lewd intent to secretly observe or film somebody in a dwelling, structure or conveyance when the person observed has a reasonable expectation of privacy. The statute makes no distinction between adult and child victims. |
The primary links in this section take you to the Cornell University School of Law U.S. Code site. I have chosen to link directly to this site because it is easy to navigate and the links are easy to maintain. You can access the U.S. House of Representatives United States Code by clicking on this link. This is a primary source for the information. It is very detailed in matters such as legislative history, but a little awkward to read.
Sexual
Abuse-Title 18, Chapter 109A
| |
| |
| §2243-Sexual
Abuse of a Minor or Ward |
Sexual
Exploitation and Other Abuse of Children-Title 18, Chapter 110
Transportation for Illegal Sexual Activity and Related Crimes-Title 18, Chapter 117
| §2421-Transortation
Generally |
| §2422-Coercion
and Enticement |
| §2423-Transportation
with Intent to Engage in Criminal Sexual Activity |