TALLAHASSEE, Fla. — A piece of legislation that would end time limitations for sexual battery of minors is waiting for Governor Ron DeSantis' signature.
"Donna's Law" was passed in both the Florida House and Senate back in March, and was signed by officers and sent to Gov. DeSantis' office on Tuesday.
The law makes it possible for a case involving sexual battery against a person under the age of 18 to be prosecuted and go to court, regardless of when it happened. However, the law would only apply to crimes that happen on or after July 1, 2020.
Under the law, the statute of limitations doesn't apply and a case can be prosecuted at any time if the following criteria are met:
- The person victimized by sexual batter is under the age of 16
- It's a first-degree felony sexual battery where the person victimized is under the age of 18
- A first or second-degree felony sexual battery where the person victimized is under the age of 16 or older, but only if the crime is reported within 72 hours of the crime happening.
There are several exceptions to "Donna's Law," however, most of which involve the age of the person who was victimized and the timeliness of reporting the crime.
If the person victimized is between 16 and 18 years old and doesn't report the crime, specifically a felony one or two sexual battery, within 72 hours of it happening, the case can only be prosecuted within 8 years of the crime happening.
If someone in familial or custodial authority is charged with "solicitation of sexual battery" and the person victimized is 16 or 17 years old, that case has to be prosecuted within three years.
However, if any person victimized is under the age of 18 at the time of the specific sexual battery crimes, the time limitations wouldn't start until after the person turns 18 or if the crime is reported to law enforcement, whichever comes first.
In Florida, capital felonies, life felonies, and felonies resulting in death are not subject to time limitations.
For all other crimes, the standard time limitations in Florida are as follows:
- Four years for a first-degree felony
- Three years for a second or third-degree folony
- Two years for a first-degree misdemeanor
- One year for a second-degree misdemeanor
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