Each state has its own definition for each crime. Some of them are very similar or almost exactly the same. However, it is the details of a definition that become important if you find yourself facing a criminal charge. This is especially true when it comes to a sexual battery charge. The Florida Statutes defines sexual battery as engaging in a sexual act with another person without his or her consent.
Things get tricky when you begin to look closer at the definition. The word consent is often confusing because it can have a variety of legal meanings. In this state, consent means the person did not agree to the act. Furthermore, it requires the person to have the mental capacity to agree. Not physically resisting is not consent.
There is also another layer to the idea of consent: age. In general, anyone under the age of 16 cannot provide consent because he or she is a minor. There are some limited exceptions to this rule depending on your age. However, you should always assume anyone under 18 cannot legally agree to any sexual act.
Sexual act is another tricky term. In this instance, it means penetration of a sexual organ by a sexual organ or object. It also includes oral penetration by a sexual organ.
It is essential to understand the details of a definition for a crime because they hold important information. If you only consider the definition on the surface, you will miss aspects that could play a very large role in the charges against you. This information is for education and is not legal advice.