Amendments to 794.023

1. Newman v. State

   738 So. 2d 981 (Fla. Dist. Ct. App. 1999)   Cited 4 times

   The State reminds us that in Cabal the supreme court did not interpret the language added to the end of this and several other statutes in October 1995, which speaks to reclassification. The State also points out that Florida Rule of Criminal Procedure 3.703(d)(11) states that an "increase in offense severity level may result from areclassification of felony degrees pursuant to 775.0845, 775.087, 775.0875, or 794.023[,]" and that rule 3.703(c)(2) provides that "[a]n offense does not become unlisted and subject to the provisions of section 921.0013, because of a reclassification of the degree of felony pursuant to section 775.0845, section 775.087, section 775.0875 or section 794.023 ." (Emphases supplied.) We note that language corresponding to the latter rule provision has been included in section 921.0022(2), Florida Statutes (Supp. 1998).

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2. Madiwale v. Savaiko

   117 F.3d 1321 (11th Cir. 1997)   Cited 232 times   1 Legal Analyses

   • Motion for summary judgment

   However, Savaiko also premised the search warrants on violations of other statutes. Specifically, the warrant affidavits include alleged violations of Section(s) 794.023, which prohibits sexual battery by multiple perpetrators, and Section(s) 794.011(2), which prohibits sexual battery on a child under twelve years of age by an offender under eighteen years of age. The misstatement and omission concerning whether the February 5th abuse was reported is not relevant to the existence of probable cause to believe that these other two crimes had been committed. The warrant affidavits state that Savaiko had two sworn taped statements that a sexual battery upon a fifteen year old child had occurred at the Ranch and that other sexual batteries upon children under the age of twelve had occurred, all perpetrated by residents of the Ranch. The affidavits also stated that Savaiko had sworn statements by two former Ranch employees that reports documenting the abuse and the identities of the perpetrators were kept at the Ranch building and the residence. These facts are adequate to establish arguable probable cause that Florida Statutes Section(s) 794.023 and Section(s…

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3. Roca v. State

   58 So. 3d 384 (Fla. Dist. Ct. App. 2011)

   Because the 1991 version of section 794.023 was an enhanced penalty statute, Mr. Roca's second-degree felony convictions are properly enhanced to first-degree felonies under the habitual felony offender statute, not first-degree felonies reclassified to life felonies.
4. Hartline v. State

   743 So. 2d 90 (Fla. Dist. Ct. App. 1999)   Cited 1 times

   794.023 Sexual battery by multiple perpetrators; enhanced penalties. —

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5. Gifford v. State

   744 So. 2d 1046 (Fla. Dist. Ct. App. 1999)   Cited 7 times

   The lower court erred in concluding that the attempted sexual battery could be enhanced from a third degree felony to a second degree felony. Section 794.023 provides:

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6. Espindola v. State

   855 So. 2d 1281 (Fla. Dist. Ct. App. 2003)   Cited 60 times

   1 more...

   The defendant was charged with, and pled guilty to sexual battery on a physically incapacitated victim by multiple perpetrators. A single conviction for a multiple perpetrator sexual battery of a physically incapacitated victim automatically "classified" the defendant as a sexual predator. See § 775.21(4)(a), Fla. Stat. (a single capital, life, or first-degree felony violation of chapter 794 automatically qualifies person as "sexual predator"); § 794.011(4)(a), Fla. Stat. (sexual battery on physically incapacitated victim is a first-degree felony); § 794.023(2)(b), Fla. Stat. (reclassifying all first degree sexual batteries as life felonies if committed by multiple perpetrators).

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7. Standard Jury Instructions in Criminal Cases

   850 So. 2d 1272 (Fla. 2003)   Cited 6 times

   1 more...

   Sexual battery 794.011(5) 11.4 Battery 784.03 8.3 Attempt 777.04(1) 5.1 Aggravated assault 784.021(1)(a) 8.2 Assault 784.011 8.1 Comment This instruction was adopted in 1981 and was amended in 1987, 1992, and 1995, and 2003. In the event that multiple perpetrators is charged and proven, give instruction on enhancement, § 794.023, Fla.Stat. The option of the word "[with] (victim)" in 2a is provided to reflect the manner in which the crime was committed. See Coleman v. State , 484 So.2d 624 (Fla. 1st DCA 1986), at pages 627, 628. 11.4 SEXUAL BATTERY — PERSON 12 YEARS OF AGE OR OLDER § 794.011(5), Fla.Stat. To prove the crime of Sexual Battery upon a Person 12 Years of Age or Older, the State must prove the following three elements beyond a reasonable doubt: 1.

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8. In re Standard Jury Instructions in Criminal Cases—report No 2014-03

   156 So. 3d 1037 (Fla. 2015)

   In the event that multiple perpetrators is charged and proven, give instruction on enhancement. § 794.023, Fla. Stat.

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9. Allen v. State

   982 So. 2d 1280 (Fla. Dist. Ct. App. 2008)   Cited 1 times

   Appellant, Jack Allen, appeals his conviction and sentence for sexual battery. We affirm the conviction without further comment. However, we reverse Appellant's sentence because the trial court erred in reclassifying the offense pursuant to section 794.023, Florida Statutes (2004). As the State concedes, it did not charge Appellant as a perpetrator under section 794.023. Therefore, reclassification was improper. See § 794.023(2), Fla. Stat. (2004) ("A violation of s. 794.011 shall be reclassified as provided in this subsection if it is charged and proven by the prosecution that, during the same criminal transaction or episode, more than one person committed an act of sexual battery on the same victim.") (Emphasis added).

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10. Allen v. State

    988 So. 2d 694 (Fla. Dist. Ct. App. 2008)

    Hilton Allen appeals the sentence imposed after his conviction for sexual battery, contending that the trial court erred in reclassifying his offense from a second degree felony to a first degree felony pursuant to section 794.023, Florida Statutes (2004), since he was not charged as a perpetrator pursuant to that statute. We agree that his reclassification was improper. Allen v. State, 982 So.2d 1280 (Fla. 1st DCA 2008).