11.3. Sexual Battery - Victim Twelve Years Of Age Or Older Circumstances Specified

11.3 SEXUAL BATTERY - VICTIM TWEL VE YEARS OF AGE OR OLDER - CIRCUMSTANCES SPECIFIED - 794.011(4), Fla. Stat. To prove the crime of Sexual Battery upon a Person Twelve Years of Age or Older under specified circume mstances, the Statust prove the following four elements beyond a reasonable doubt: 1. [Name of victim] was twelve years of age or older. 2. a. [Name of defendant] committed ane of victim] in which the sexual organ of the [[name of defendant]] [[name of victim]] penetrated or had union with the [anus] [vagina] CIRCUMSVE YEARS OF AGE OR OLDER -11.3 SEXUAL BATTERY - VICTIM TWELme of vi TANCES SPECIFIED me of defendant] committed an act upon [name of victim] in me which the [anus] [vagina] of [name object.] me of victim] was p 3. a. [[Name of victim] was p me of defendant] coerced [name of victim] to submit by threatening to use force or violence likely to cause serious personal injury and [name of victim]m e of b. [[Name of defendant] coerced [name of victim] to submit by me of defendant] coerced [name of victim] to submit by threat e of victim] or any other person and [name of victim] reasonably believed that [name of defendant] had c. [[Name of defendant] coerced [name of victim] to submit by threat me of defendant], wit hout prior knowledge or consent of [name of victim], administered or had knowledge of someone else administering to [name of victima narcotic, anesthetic or other ] intoxicating substance that meally or physically incapacitated nt d. [[Name of defendant], wit me of victim] was menta lly defective and [name of defendant] had reason to believe this or had actual knowledge of that fact.] f. [[Name of victim] was physically incapacitated.] 4. The act was committed without the consent of the victim. <<<<<<<<<********>>>>>>>>>>>>> 2 "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. "Physically helpless" means that a person is unconscious, asleep or for any other reason physically unable to communicate unwillingness to act. "Serious personal injury" means great bodily harm or pain, permanent disability, or permanent disfigurement. "Physically incapacitated" means that a person is bodily impaired or handicapped and substantially limited in his or her ability to resist or flee an act. 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. 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.