Amendments to 826.04

1. Seagrave v. State

   802 So. 2d 281 (Fla. 2001)   Cited 67 times

   For purposes of the statewide sentencing guidelines, if the conviction is for an offense described in chapter 794, chapter 800, or s. 826.04 and such offense includes sexual penetration, the sexual penetration must receive the score indicated for penetration or slight injury, regardless of whether there is evidence of any physical injury. If the conviction is for an offense described in chapter 794, chapter 800, or s. 826.04 and such an offense does not include sexual penetration, the sexual contact must receive the score indicated for contact but no penetration, regardless of whether there is evidence of any physical injury.

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2. Beam v. State

   1 So. 3d 331 (Fla. Dist. Ct. App. 2009)   Cited 5 times

   Id. at 844. We further note that the laws enacted in other states have defined the crime of incest with reference to the statute defining the degrees of consanguinity within which marriage was prohibited. See, e.g., S.D. Codified Laws § 22-22A-2 (2008) (defining incest as being between persons related "within degrees of consanguinity within which marriages are, by the laws of this state, declared void — "). Therefore, section 741.21, Florida's current statute defining and prohibiting incestuous marriage, is relevant to our interpretation of section 826.04. Section 741.21, Florida Statutes (2006), provides: "A man may not marry any woman to whom he is related by lineal consanguinity, nor his sister, nor his aunt, nor his niece. A woman may not marry any man to whom she is related by lineal consanguinity, nor her brother, nor her uncle, nor her nephew." From the plain language of sections 741.21 and 826.04, it is clear that the legal definition of incest is limited to persons who are related either by lineal consanguinity or collateral consanguinity. It does not extend to persons who are related by affinity or adoption, but not biologically by blood.

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3. State v. Hardley

   344 So. 3d 638 (Fla. Dist. Ct. App. 2022)

   Turning to the crime at issue—incest—section 826.04, Florida Statutes, provides:

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4. Karchesky v. State

   591 So. 2d 930 (Fla. 1992)   Cited 136 times

   "Category 2" offenses, however, by their nature differ from all others and the scoresheet form reflects this. "Category 2" sexual offenses include those offenses defined in chapters 794 (sexual battery), 800 (lewdness and indecent exposure), and 826.04 (incest), Florida Statutes (1985). Fla. R.Crim.P. 3.988(b). While some of these crimes, such as sexual battery, require victim contact, others, such as lewdness in the presence of a child, do not. All these offenses, nevertheless, are scored using the same general "Category 2" scoresheet form, which is embodied in rule 3.988(b). Unlike the scoresheet forms for the other eight categories, this form provides that extra points for "Victim Injury (physical)" are to be assessed as follows:

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5. Davis v. Monahan

   832 So. 2d 708 (Fla. 2002)   Cited 91 times

   • Motion for summary judgment
   8 more...

   (7) FOR INTENTIONAL TORTS BASED ON ABUSE.-An action founded on alleged abuse, as defined in s. 39.01, s. 415.102, or s. 984.03, or incest, as defined in s. 826.04, may be commenced at any time within 7 years after the age of majority, or within 4 years after the injured person leaves the dependency of the abuser, or within 4 years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the abuse, whichever occurs later.

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6. State v. Griffin

   268 So. 3d 929 (Fla. Dist. Ct. App. 2019)

   • Motion to dismiss

   Sexual battery and incest are general intent crimes. See § 794.011(8)(b) ; § 826.04 ; Olenchak v. State, 183 So.3d 1227, 1229 (Fla. 4th DCA 2016) ; see also McCaskill v.State, 55 Fla. 117, 45 So. 843, 843–44 (1908). Thus, the State is not required to prove that the defendant acted with a specific intent. See Olenchak, 183 So.3d at 1229.

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7. Slaughter v. State

   538 So. 2d 509 (Fla. Dist. Ct. App. 1989)   Cited 10 times

   The crime of incest under Section 826.04, Florida Statutes (1985) is limited to instances of vaginal intercourse.

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8. L.A.P. v. State

   62 So. 3d 693 (Fla. Dist. Ct. App. 2011)   Cited 7 times

   The only Florida statute that defines sexual intercourse is the incest statute, section 826.04, Florida Statutes (2008). It defines sexual intercourse as "the penetration of the female sex organ by the male sex organ. . . ." § 826.04. Other statutes include the phrase sexual intercourse within definitions. See § 827.071(1)(a), Fla. Stat. (2008) (defining "deviate sexual intercourse").

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9. Carnes v. State

   725 So. 2d 417 (Fla. Dist. Ct. App. 1999)   Cited 3 times

   Section 826.04, Florida Statutes (1995), provides in pertinent part: "Whoever knowingly marries or has sexual intercourse with a person to whom he is related by lineal consanguinity, or brother, sister, uncle, aunt, nephew, or niece, commits incest, which constitutes a felony. . . ." The statute does not mention "half-sister" nor does it refer to any "half-blood" relatives. We hold, however, that the term "sister" in section 826.04 includes a half-sister. The obvious purpose of the incest statute is to address the evil of sexual intercourse between persons who are related to each other within specific degrees. A person's half-sister is as a close a relative as an aunt or niece, both of which fall under the protection of the incest statute. Therefore, an interpretation of section 826.04 which would permit sexual intercourse with a person's half-sister but which would prohibit sexual intercourse with that person's niece or aunt would be an absurd interpretation and contrary to the legislature's intent. The judiciary should avoid interpreting a statute in a manner which ascribes to the legislature an intent to create an absurd result. See Ferre v. State…
10. Singleton v. State

    620 So. 2d 1038 (Fla. Dist. Ct. App. 1993)   Cited 8 times

    For purposes of the statewide sentencing guidelines, if the conviction is for an offense described in chapter 794, chapter 800, or s. 826.04 and such offense includes sexual penetration, the sexual penetration must receive the score indicated for penetration or slight injury, regardless of whether there is evidence of any physical injury. If the conviction is for an offense described in chapter 794, chapter 800, or s. 826.04 and such offense does not include sexual penetration, the sexual contact must receive the score indicated for contact but no penetration, regardless of whether there is evidence of any physical injury. If the victim of an offense described in chapter 794, chapter 800, or s. 826.04 suffers any physical injury as a direct result of the primary offense or any other offense committed by the offender resulting in conviction, such physical injury must be scored separately and in addition to the points scored for the sexual contact or the sexual penetration.

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