§ 794.023, Fla. Stat. · Chapter 794. SEXUAL BATTERY
Sexual battery by multiple perpetrators; reclassification of offenses.
Text — 2026 Florida Statutes
(1) The Legislature finds that an act of sexual battery, when committed by more than one person, presents a great danger to the public and is extremely offensive to civilized society. It is therefore the intent of the Legislature to reclassify offenses for acts of sexual battery committed by more than one person.
(2) A violation of s. 794.011 shall be reclassified as provided in this subsection if it is charged and proven by the prosecution that, during the same criminal transaction or episode, more than one person committed an act of sexual battery on the same victim.
(a) A felony of the second degree is reclassified to a felony of the first degree.
(b) A felony of the first degree is reclassified to a life felony.
This subsection does not apply to life felonies or capital felonies. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.
Notes and commentary — not statutory text
History
s. 4, ch. 84-86; s. 17, ch. 93-156; s. 24, ch. 95-184; s. 20, ch. 97-194; s. 2, ch. 99-172.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0794/0794.html
- Text hash
- sha256 916135240f8929b97dfec1270abc5e3a38d93d3768c26e9ca6a8af6605616f2d
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 4 provisions
Provisions in this library whose text cites § 794.023, Fla. Stat.. Each shows the citation as that text prints it.
Florida Rules of Criminal Procedure
The Florida Statutes
- § 794.0115, Fla. Stat.Dangerous sexual felony offender; mandatory sentencing.Printed as s. 794.023
- § 921.0022, Fla. Stat.Criminal Punishment Code; offense severity ranking chart.Printed as s. 794.023
- § 948.062, Fla. Stat.Reviewing and reporting serious offenses committed by offenders placed on probation or community control.
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