Fla. Stat. § 794.011

Sexual Battery in Florida

Sexual battery is among the most serious charges in Florida law, with penalties reaching life. These cases demand an experienced, careful defense. Here is how the statute is structured.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

How the Statute Is Structured

Under § 794.011, the degree of a sexual battery charge — and its penalty — depends heavily on the age of the victim, the age of the accused, whether force or a weapon was involved, and whether serious injury resulted.

The Governing Statute
Fla. Stat. § 794.011 — Sexual Battery
"Sexual battery means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object."
Read the full statute on Online Sunshine →

Penalties range from a second-degree felony to life felonies and, in the most serious cases involving young children, capital exposure. Consent is not a defense where the victim is below the age of legal consent.

The Severity

Sexual Battery — Penalty Range
Depending on the specific circumstances and the ages involved, sexual battery can be charged as a second-degree felony, a first-degree felony, a life felony, or a capital felony.

A conviction also carries lifetime sex-offender registration and, often, mandatory supervision. These consequences are permanent and severe.

Why the Defense Matters

These are among the highest-stakes cases in the system, and they are frequently built on contested accounts. A careful defense examines:

  • The evidence and forensics, including DNA and its interpretation.
  • Credibility and consistency of the allegation.
  • Consent where legally applicable.
  • Constitutional issues in how statements and evidence were obtained.

Jeff Gorman’s experience as a former prosecutor is directly relevant to how the State builds these cases and where they can be challenged.

Frequently Asked Questions

How serious is a sexual battery charge in Florida?
Extremely serious. Under § 794.011, sexual battery ranges from a second-degree felony to a capital felony depending on the circumstances and ages involved, and a conviction carries lifetime sex-offender registration.
Is consent a defense to sexual battery in Florida?
It can be where the alleged victim is of legal age and the issue is whether the act was consensual. Consent is not a defense where the victim is below the legal age of consent. These cases are highly fact-specific and require experienced counsel.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 794.011 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.