The information listed below was pulled directly from the Florida State legislation website at http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Index&Title_Request=XLVI#TitleXLVI

KIDNAPPING; FALSE IMPRISONMENT; LURING OR ENTICING A CHILD; CUSTODY OFFENSES

787.04  Removing minors from state or concealing minors
contrary to state agency order or court order.

(1)  It is unlawful for any person, in violation of a
court order, to lead, take, entice, or remove a minor beyond the limits of this
state, or to conceal the location of a minor, with personal knowledge of the
order.

(2)  It is unlawful for any person, with criminal intent,
to lead, take, entice, or remove a minor beyond the limits of this state, or to
conceal the location of a minor, during the pendency of any action or
proceeding affecting custody of the minor, after having received notice as
required by law of the pendency of the action or proceeding, without the
permission of the court in which the action or proceeding is pending.

(3)  It is unlawful for any person, with criminal intent,
to lead, take, entice, or remove a minor beyond the limits of this state, or to
conceal the location of a minor, during the pendency of a dependency proceeding
affecting such minor or during the pendency of any investigation, action, or
proceeding concerning the alleged abuse or neglect of such minor, after having
received notice of the pendency of such investigation, action, or proceeding
and without the permission of the state agency or court in which the
investigation, action, or proceeding is pending.

(4)  It is unlawful for any person, who has carried
beyond the limits of this state any minor whose custody is involved in any
action or proceeding pending in this state pursuant to the order of the court
in which the action or proceeding is pending or pursuant to the permission of
the court, thereafter, to fail to produce the minor in the court or deliver the
minor to the person designated by the court.

(5)  It is a defense under this section that a person who
leads, takes, entices, or removes a minor beyond the limits of the state
reasonably believes that his or her action was necessary to protect the minor
from child abuse as defined in s. 827.03.

(6)  Any
person who violates this section is guilty of a felony of the third degree,
punishable as provided in s. 775.082,
s. 775.083,
or s. 775.084.


794.011 Sexual battery.

(1) As used in this chapter:

(a) "Consent" means
intelligent, knowing, and voluntary consent and does not include coerced
submission. "Consent" shall not be deemed or construed to mean the
failure by the alleged victim to offer physical resistance to the offender.

(b) "Mentally defective"
means a mental disease or defect which renders a person temporarily or
permanently incapable of appraising the nature of his or her conduct.

(c) "Mentally
incapacitated" means temporarily incapable of appraising or controlling a
person’s own conduct due to the influence of a narcotic, anesthetic, or
intoxicating substance administered without his or her consent or due to any
other act committed upon that person without his or her consent.

(d) "Offender" means a
person accused of a sexual offense in violation of a provision of this chapter.

(e) "Physically
helpless" means unconscious, asleep, or for any other reason physically
unable to communicate unwillingness to an act.

(f) "Retaliation"
includes, but is not limited to, threats of future physical punishment,
kidnapping, false imprisonment or forcible confinement, or extortion.

(g) "Serious personal
injury" means great bodily harm or pain, permanent disability, or
permanent disfigurement.

(h) "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;
however, sexual battery does not include an act done for a bona fide medical
purpose.

(i) "Victim" means a
person who has been the object of a sexual offense.

(j) "Physically incapacitated"
means bodily impaired or handicapped and substantially limited in ability to
resist or flee.

(2)(a) A person 18 years of age or
older who commits sexual battery upon, or in an attempt to commit sexual
battery injures the sexual organs of, a person less than 12 years of age
commits a capital felony, punishable as provided in ss. 775.082
and 921.141.

(b) A person less than 18 years of
age who commits sexual battery upon, or in an attempt to commit sexual battery
injures the sexual organs of, a person less than 12 years of age commits a life
felony, punishable as provided in s. 775.082,
s. 775.083,
s.775.084,
or s. 794.0115.

(3) A person who commits sexual
battery upon a person 12 years of age or older, without that person’s consent,
and in the process thereof uses or threatens to use a deadly weapon or uses
actual physical force likely to cause serious personal injury commits a life
felony, punishable as provided in s. 775.082,
s. 775.083,
s.775.084,
or s. 794.0115.

(4) A person who commits sexual
battery upon a person 12 years of age or older without that person’s consent,
under any of the following circumstances, commits a felony of the first degree,
punishable as provided in s.775.082,
s. 775.083,
s. 775.084,
or s.794.0115:

(a) When the victim is physically
helpless to resist.

(b) When the offender coerces the
victim to submit by threatening to use force or violence likely to cause
serious personal injury on the victim, and the victim reasonably believes that
the offender has the present ability to execute the threat.

(c) When the offender coerces the
victim to submit by threatening to retaliate against the victim, or any other
person, and the victim reasonably believes that the offender has the ability to
execute the threat in the future.

(d) When the offender, without the
prior knowledge or consent of the victim, administers or has knowledge of
someone else administering to the victim any narcotic, anesthetic, or other
intoxicating substance which mentally or physically incapacitates the victim.

(e) When the victim is mentally
defective and the offender has reason to believe this or has actual knowledge
of this fact.

(f) When the victim is physically
incapacitated.

(g) When the offender is a law
enforcement officer, correctional officer, or correctional probation officer as
defined by s. 943.10(1),
(2), (3), (6), (7), (8), or (9), who is certified under the provisions of s. 943.1395
or is an elected official exempt from such certification by virtue of s. 943.253,
or any other person in a position of control or authority in a probation,
community control, controlled release, detention, custodial, or similar
setting, and such officer, official, or person is acting in such a manner as to
lead the victim to reasonably believe that the offender is in a position of
control or authority as an agent or employee of government.

(5) A person who commits sexual
battery upon a person 12 years of age or older, without that person’s consent,
and in the process thereof does not use physical force and violence likely to
cause serious personal injury commits a felony of the second degree, punishable
as provided in s. 775.082,
s.775.083,
s.775.084,
or s. 794.0115.

(6) The offense described in
subsection (5) is included in any sexual battery offense charged under
subsection (3) or subsection (4).

(7) A person who is convicted of
committing a sexual battery on or after October 1, 1992, is not eligible for
basic gain-time under s. 944.275.
This subsection may be cited as the "Junny Rios-Martinez, Jr. Act of
1992."

(8) Without regard to the
willingness or consent of the victim, which is not a defense to prosecution
under this subsection, a person who is in a position of familial or custodial
authority to a person less than 18 years of age and who:

(a) Solicits that person to engage
in any act which would constitute sexual battery under paragraph (1)(h) commits
a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083,
or s.775.084.

(b) Engages in any act with that
person while the person is 12 years of age or older but less than 18 years of
age which constitutes sexual battery under paragraph (1)(h) commits a felony of
the first degree, punishable as provided in s. 775.082,
s. 775.083,
or s. 775.084.

(c) Engages in any act with that
person while the person is less than 12 years of age which constitutes sexual
battery under paragraph (1)(h), or in an attempt to commit sexual battery
injures the sexual organs of such person commits a capital or life felony,
punishable pursuant to subsection (2).

(9) For prosecution under
paragraph (4)(g), acquiescence to a person reasonably believed by the victim to
be in a position of authority or control does not constitute consent, and it is
not a defense that the perpetrator was not actually in a position of control or
authority if the circumstances were such as to lead the victim to reasonably
believe that the person was in such a position.

(10) Any person who falsely
accuses any person listed in paragraph (4)(g) or other person in a position of
control or authority as an agent or employee of government of violating
paragraph (4)(g) is guilty of a felony of the third degree, punishable as
provided in s. 775.082,
s. 775.083,
or s. 775.084.

794.02     Common-law
presumption relating to age abolished.
–The common-law rule "that a
boy under 14 years of age is conclusively presumed to be incapable of
committing the crime of rape" shall not be in force in this state.

794.03     Unlawful
to publish or broadcast information identifying sexual offense victim.
–No
person shall print, publish, or broadcast, or cause or allow to be printed,
published, or broadcast, in any instrument of mass communication the name,
address, or other identifying fact or information of the victim of any sexual
offense within this chapter. Such identifying information is confidential and
exempt from the provisions of s.119.07(1).
An offense under this section shall constitute a misdemeanor of the second
degree, punishable as provided in s. 775.082
or s. 775.083.

794.021   
Ignorance or belief as to victim’s age no defense.
–When,
in this chapter, the criminality of conduct depends upon the victim’s being
below a certain specified age, ignorance of the age is no defense. Neither
shall misrepresentation of age by such person nor a bona fide belief that such
person is over the specified age be a defense.

794.05  Unlawful sexual activity with certain minors.

(1)  A person 24 years of
age or older who engages in sexual activity with a person 16 or 17 years of age
commits a felony of the second degree, punishable as provided in s. 775.082,
s. 775.083,
or s. 775.084.
As used in this section, "sexual activity" means oral, anal, or
vaginal penetration by, or union with, the sexual organ of another; however,
sexual activity does not include an act done for a bona fide medical purpose.

(2)  The provisions of this
section do not apply to a person 16 or 17 years of age who has had the
disabilities of nonage removed under chapter 743.

(3)  The victim’s prior
sexual conduct is not a relevant issue in a prosecution under this section.

(4)  If an offense under
this section directly results in the victim giving birth to a child, paternity
of that child shall be established as described in chapter 742. If it is
determined that the offender is the father of the child, the offender must pay
child support pursuant to the child support guidelines described in chapter 61.

800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.–

(1) DEFINITIONS.–As used in this section:

(a) “Sexual activity” means the 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; however, sexual activity does not include an act done for a bona fide medical purpose.

(b) “Consent” means intelligent, knowing, and voluntary consent, and does not include submission by coercion.

(c) “Coercion” means the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance.

(d) “Victim” means a person upon whom an offense described in this section was committed or attempted or a person who has reported a violation of this section to a law enforcement officer.

(2) PROHIBITED DEFENSES.–Neither the victim’s lack of chastity nor the victim’s consent is a defense to the crimes proscribed by this section.

(3) IGNORANCE OR BELIEF OF VICTIM’S AGE.–The perpetrator’s ignorance of the victim’s age, the victim’s misrepresentation of his or her age, or the perpetrator’s bona fide belief of the victim’s age cannot be raised as a defense in a prosecution under this section.

(4) LEWD OR LASCIVIOUS BATTERY.–A person who:

(a) Engages in sexual activity with a person 12 years of age or older but less than 16 years of age; or

(b) Encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity

commits lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) LEWD OR LASCIVIOUS MOLESTATION.–

(a) A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.

(b) An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony, punishable as provided in s. 775.082(3)(a)4.

(c)1. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; or

2. An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age

commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d) An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) LEWD OR LASCIVIOUS CONDUCT.–

(a) A person who:

1. Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or

2. Solicits a person under 16 years of age to commit a lewd or lascivious act commits lewd or lascivious conduct.

(b) An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(7) LEWD OR LASCIVIOUS EXHIBITION.–

(a) A person who:

1. Intentionally masturbates;

2. Intentionally exposes the genitals in a lewd or lascivious manner; or

3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity

in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.

(b) A person who:

1. Intentionally masturbates;

2. Intentionally exposes the genitals in a lewd or lascivious manner; or

3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity

live over a computer on-line service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim in this state who is less than 16 years of age, commits lewd or lascivious exhibition. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this paragraph shall not constitute a defense to a prosecution under this paragraph.

(c) An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d) An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(8) EXCEPTION.–A mother’s breastfeeding of her baby does not under any circumstance constitute a violation of this section.