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2004 SESSION

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HB 660 Aggravated sexual battery; applic. of ment. incapacity or phys. helplessness of complaining wit.

Introduced by: Robert B. Bell | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Aggravated sexual battery. Provides that aggravated sexual battery committed through the use of the complaining witness's mental incapacity is, in and of itself, without any additional factors considered, a felony offense. Under current law, one of the following additional factors would be necessary: (i) the complaining witness is at least 13 but less than 15 years of age, (ii) the accused causes serious bodily or mental injury to the complaining witness, or (iii) the accused uses or threatens to use a dangerous weapon.

SUMMARY AS INTRODUCED:

Aggravated sexual battery. Provides that aggravated sexual battery committed through the use of the complaining witness's mental incapacity or physical helplessness is, in and of itself, without any additional factors considered, a felony offense. Under current law, one of the following additional factors would be necessary: (i) the complaining witness is at least 13 but less than 15 years of age, (ii) the accused causes serious bodily or mental injury to the complaining witness, or (iii) the accused uses or threatens to use a dangerous weapon.