Roberts v. State

The issue in this case is whether one who is convicted of sexual battery under section 794.011(8)(b), Florida Statutes (1995):

794.011 Sexual battery.—

* * *(8) Without regard to the willingness or consent of the victim, which is not a defense to prosecution under this subsection, a person who is in a position of familial or custodial authority to a person less than 18 years of age and who:

[[Image here]](b) Engages in any act with that person while the person is 12 years of age or older but less than 18 years of age which constitutes sexual battery under paragraph (1)00 • • •

can also be…