FLORIDA : Rape/Molestation Statutes of Limitation
He commits a life felony who:
1. 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,
2. 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
He commits a first-degree felony who commits sexual battery upon a person 12 years of age or older without that person's consent, under any of the following circumstances:
1. When the victim is physically helpless to resist.
2. 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.
3. 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.
4. 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.
5. When the victim is mentally defective and the offender has reason to believe this or has actual knowledge of this fact.
6. When the victim is physically incapacitated.
7. When the offender is a law enforcement officer, correctional officer, or correctional probation officer, 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.
He commits a second-degree felony 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.
There is no statute of limitations for the prosecution of capital or life felonies in the state of Florida.
Bob commits sexual battery upon 12-year-old Jane and severely injures her in the process. Since there is no time limit for Jane to file charges, she can report the crime at any point. Bob may be prosecuted at any time for his actions.
The statute of limitations for the prosecution of a first-degree felony is 4 years in the state of Florida.
Bob commits first-degree sexual battery against Jane. As a resident of Florida, she has four (4) years from the date the crime occured to seek prosecution against Bob.
.