Sexual Battery
A sexual battery committed under the circumstances and classifications defined by Florida law.
Florida Statute
§ 794.011
Sexual battery
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
Sexual battery involves the statutorily defined sexual penetration or union without the required consent. The victim's age, the offender's age, force or weapon use, injury, authority relationship, and other specified circumstances determine the classification.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Victim Under 12 — Offender 18 or Older
F.S. § 794.011(2)(a)
Sexual battery upon, or an attempt that injures sexual organs of, a person under 12 when the offender is 18 or older.
Victim Under 12 — Offender Under 18
F.S. § 794.011(2)(b)
Sexual battery upon, or an attempt that injures sexual organs of, a person under 12 when the offender is under 18.
Victim 12 or Older — Deadly Weapon or Great Force
F.S. § 794.011(3)
Sexual battery without consent using or threatening a deadly weapon, or using actual physical force likely to cause serious personal injury.
Specified Circumstances — Victim 12 to Under 18
F.S. § 794.011(4)(a)
Offender 18 or older; victim is 12 to under 18; sexual battery without consent under a listed subsection (4)(e) circumstance.
Charge-Specific Elements
Open a charge to review the statutory facts that distinguish that charging track.
Victim Under 12 — Offender 18 or Older
Florida Statute § 794.011(2)(a)
Victim Under 12 — Offender 18 or Older
Florida Statute § 794.011(2)(a)
Sexual battery upon a victim under 12, or an attempt that injures sexual organs, when the offender is 18 or older.
What to Establish
Sexual-battery act or attempt-related injury; victim under 12; offender 18 or older.
Important Charge Note
Capital-felony classification. Verify current charging and sentencing provisions.
Victim Under 12 — Offender Under 18
Florida Statute § 794.011(2)(b)
Victim Under 12 — Offender Under 18
Florida Statute § 794.011(2)(b)
Sexual battery upon a victim under 12, or an attempt that injures sexual organs, when the offender is under 18.
What to Establish
Sexual-battery act or attempt-related injury; victim under 12; offender under 18.
Important Charge Note
Life-felony classification.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
Statutory framework — confirm the charged subsection
The defendant committed an act that meets the statutory definition of sexual battery.
Plain language: The conduct must involve the penetration or union described in section 794.011(1)(j), excluding an act done for a bona fide medical purpose.
- Element 2AND — Required
Statutory framework — confirm the charged subsection
The State must prove the consent, victim-age, offender-age, force, weapon, injury, authority, or other circumstance required by the charged subsection.
Plain language: The remaining required facts depend on the specific subsection. Use the Classification Matrix and Offense Variations to identify the applicable track.
Jury Instructions
Jury Instructions
Instruction 11.1
Sexual Battery — Victim Less Than 12 Years of Age
Covers section 794.011(2)(a) and (2)(b).
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 11.2
Sexual Battery — Victim 12 or Older — Great Force or Deadly Weapon
Covers section 794.011(3).
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 11.3
Sexual Battery — Victim 12 or Older — Under Specified Circumstances
Covers section 794.011(4).
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Sexual Battery
Oral, anal, or female genital penetration by, or union with, the sexual organ of another; or anal or female genital penetration by another object. An act done for a bona fide medical purpose is excluded.
Consent
Intelligent, knowing, and voluntary consent. It does not include coerced submission, and a victim's failure to offer physical resistance does not constitute consent.
Mentally Defective
A mental disease or defect that temporarily or permanently renders a person incapable of appraising the nature of their conduct.
Mentally Incapacitated
Temporary inability to appraise or control one's conduct because of a specified substance administered without consent or another act committed without consent.
Physically Helpless
Unconscious, asleep, or otherwise physically unable to communicate unwillingness to an act.
Serious Personal Injury
Great bodily harm or pain, permanent disability, or permanent disfigurement.
Additional Notes
Additional Notes
Quick Reference
Sexual Battery is a high-variance statute. Identify the victim's age first, then the offender's age, consent or authority circumstance, and whether force, a weapon, injury, or a qualifying prior conviction is alleged.
Classification
The Classification Matrix is a quick statutory map, not a substitute for confirming the charged subsection and all required facts. Use the applicable Offense Variation for charge-specific elements.
Consent and Age
Consent is defined by statute and is not measured by a victim's failure to physically resist. For designated child-victim offenses, the statute also specifies when consent or a belief about age is not a defense.
Related Enhancements
Separate statutes may affect sentencing or reclassification, including dangerous sexual felony offender provisions, multiple-perpetrator provisions, and school-authority enhancements. Verify applicability before relying on a summary.