11.4. Sexual Battery - Person Twelve Years Of Age Or Older

11.4 SEXUAL BATTERY - PERSON TWEL VE YEARS OF AGE OR OLDER 794.011(5), Fla. Stat. To prove the crime of Sexual Battery upon a Person Twelve Years of Age or Older, the State must prove the followng three elements beyond a reasonable idoubt: 1. [Name of victim] was twelve years of age or older. 2. a. me of defendant] committed e of victim] in which the sexual orgae n of [[name of defendant]] [[namd union with the [anus] [vagina] e me of victim [[Name of defendant] committed b. me of defendant] committed an act upon [name of victim] in me which the [anus] [vagina] of [name object.] 3. The act was committed without the consent of the victim. "Consent" means intelligent, knowing and voluntary consent and does not include coerced submission. Consent does not mean the failure by the alleged victim to offer physical resistance to the offender. Evidence of the victims mental incapacity or defect, if any, may be considered in determining whether there was an intelligent, knowing and voluntary consent. "Mentally incapacitated" means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic or intoxicating substance administered to that person without his or her consent, or due to any other act committed upon that person without his or her consent. "Mentally defective" means that a person suffers from a mental disease or defect that renders that person temporarily or permanently inof appraising the nature of capable his or her conduct. "Union" means contact. However, any act done for bona fide mdical purposes is not a sexual battery. e NOTES TO JUDGE : In the event of multiple perpetrators, give instruction on enhancement, F.S. 794.023. <<<<<<<<<********>>>>>>>>>>>>> 2 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 and 628.