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Sexual Battery on a Mentally Incapacitated Person

If you have been arrested in the Orlando area for a violation of Florida Statute 794.011(4)(e) Sexual Battery on a Mentally Incapacitated Person, you need an attorney to represent your rights! Sex crimes are some of the most aggressively prosecuted crimes in the state of Florida! You need an attorney who is not afraid to take your case all the way from first appearance to trial. The law office of Finebloom & Haenel can provide that zealous representation.

Performing sexual act with a mentally incapacitated person without consent is a felony of the first degree punishable by up to 30 years in prison. To be convicted the victim must be  mentally incapacitated and the offender has reason to believe this or has actual knowledge of this fact. “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.
Sexual acts include:

        1. oral, anal or vaginal penetration by a person; or
        2. union with the sexual organs of another; or
        3. penetration by use of an object.

If you perform any of these acts with a person who at the time you are performing the sex act can’t understand or appreciate the significance of what it is that they are taking part in because you have drugged them or gotten them drunk without their consent, you can be found guilty of this crime. This crime is often associated with “date rape” or “being roofied.”

SEXUAL CRIMES ARE A VERY SERIOUS MATTER! If you are found guilty of any type of sexual misconduct, you can be forced to register as a sex offender for the rest of your life! You can be restricted as to places you may live, lose civil liberties and lose professional licenses that you may hold. Do not hire an attorney who practices criminal law part time. At the law offices of Finebloom & Haenel we focus on criminal defense. Our zealous attorneys are 100% dedicated to defending you and your rights. Do not wait. Call us now at 407-218-6277 to discuss your options now! We are available 24/7 to take your call.


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