Florida Statutes 794.027 – Duty to report sexual battery; penalties
Current as of: 2023 | Check for updates
|
Other versions
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor of the first degree | up to 1 year | up to $1,000 |
Terms Used In Florida Statutes 794.027
- Offender: means a person accused of a sexual offense in violation of a provision of this chapter. See Florida Statutes 794.011
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Sexual battery: means oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose. See Florida Statutes 794.011
- Victim: means a person who has been the object of a sexual offense. See Florida Statutes 794.011
A person who observes the commission of the crime of sexual battery and who:
(1) Has reasonable grounds to believe that he or she has observed the commission of a sexual battery;
(2) Has the present ability to seek assistance for the victim or victims by immediately reporting such offense to a law enforcement officer;
(3) Fails to seek such assistance;
(4) Would not be exposed to any threat of physical violence for seeking such assistance;
(5) Is not the husband, wife, parent, grandparent, child, grandchild, brother, or sister of the offender or victim, by consanguinity or affinity; and
(6) Is not the victim of such sexual battery
is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.