Florida County to seek first known death penalty for sexual abuse of a minor.
In a first known case since Florida Governor Ron DeSantis signed a new law authorizing the death penalty for a sex offense, a Putnam County man will be facing the death penalty for alleged sexual abuse.
The accused, who had a prior (from 2010) sexual assault conviction, is being charged with the sexual assault of two minors in Putnam.
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The Florida statute that covers the use of deadly force is Florida Statute § 776.012.
It states that a person is justified in using or threatening to use deadly force if they reasonably believe it’s necessary to prevent imminent death, great bodily harm, or the imminent commission of a forcible felony—which includes rape.
One relevant case is Boston v. State, where the Florida Supreme Court discussed the application of self-defense immunity under § 776.032. The court emphasized that a person is generally immune from prosecution if they justifiably use force under the conditions outlined in § 776.012.
Montijo v. State, 61 So. 3d 424 (Fla. 5th DCA 2011) – This case clarified that when a defendant claims they used deadly force to prevent a forcible felony, the jury must be instructed on the specific felony alleged (such as sexual battery), and the court must avoid placing the burden of proof improperly on the defendant
Mathis v. State, 863 So. 2d 464 (Fla. 1st DCA 2004) – This case addressed the importance of giving both deadly and non-deadly force instructions when the nature of the force used is in dispute. It’s often cited in cases involving self-defense claims.
These cases don’t all involve rape specifically, but they establish key principles about how Florida courts handle claims of justifiable use of deadly force to prevent violent crimes.
Statler v. State, 310 So. 3d 133 (Fla. 1st DCA 2020), affirmed by the Florida Supreme Court in Statler v. State, SC21-119 (2022) – This case challenged the constitutionality of Florida Statute § 794.011(5)(b), which defines sexual battery. The court upheld the statute, ruling that it does not violate due process even though it doesn’t require proof that the defendant knew the victim didn’t consent. The court emphasized that the statute requires proof that the victim did not consent, but not that the defendant was aware of that lack of consent.
Bartels v. State, 4D2024-0728 (Fla. 4th DCA 2025) – In this case, the defendant was convicted of multiple counts of sexual battery, including offenses against a minor. On appeal, he argued that the use of an updated version of the statute violated ex post facto protections. The court rejected this claim, finding that the evidence supported conviction under both the old and new versions of the statute. The court also addressed procedural issues like jury size and preservation of constitutional claims.
These cases show how Florida courts interpret and apply sexual battery laws, especially in relation to statutory definitions, consent, and procedural fairness.
Mr D
Good article
So if you are advocating the use of deadly force to stop a rape in progress, I think we ALL agree that person got what was coming to them. Is that what you are suggesting?
Also, some new case studies have come out regarding supporters.
The women who write letters to the pedos/preds in jail, fall in love with them, then marry them are very disturbed. The same as the pedos themselves. You have to be really sick to fall in love with one.
V, you complain a quite a bit about persons that aren’t even part of this forum but somehow seem to occupy space in your head rent free.
Do you go around town complaining about predators, pedophiles, and their pen pals?
Do you find that that helps you?
How sure are you that you’re not projecting?
And, by the way, I’m not sure you even know what you mean when you claim “new case studies have come out” about “supporters.”
Supporters of what? Not child sexual abuse. No one on this forum supports such a thing.
You may be in the wrong place.
study suggest…They fear and cannot handle actual relationships in real life with real people. Some women also enjoy being the “noble woman” sacraficing her love to someone they cannot actually have. They enjoy their “suffering” because of their love for someone they cannot be with.
In general they are unable to form real attachments to real persons.
Site the studies please or else it’s jus misinformation.
Dr.
Cite the study.
Please cite some of these studies. I’ve been with my wife for twenty five years.
Bwj
This is not about you and your spouse. Don’t take everything so serious, this is Study
I agree with Ben, I dont believe the comment was targeted at anyone like Bwj or fam, I just felt the commenter wasn’t necessarily thinking things through.
Jacob
Thank you? Dude takes everything too serious.
Ben and Jacob
So V’s comments were meant to be a joke?
Bwj
No..it’s correct what Dr posted
Cite the studies. Neither you, V or Dr have. The three of you are trolling.
Ben
Then cite the studies that support his comments.
Please post link to case study?
Lnao lmao, who said anything about intimidation. Im talking about alerting the community about a Pedophile in our midst to watch out for. If someone goes outside of that than thats on them period. BTW laws are meant to be broken, ask the females who got killed after getting a Restraining Order. Hmmmmm
Mr D..Bravo I 👏 applaud you.
Alerting the community to already public information? That’s like selling milk to a dairy farm.
FYI Mr. D
Florida Statutes prohibit the use of sex offender registry information to commit acts of intimidation, harassment, or threats against registered individuals or their associates, according to the Florida Department of Law Enforcement. This includes such things as distributing or publishing false information about an offender, or misrepresenting it as official public records information or altering public records information with the intent to misrepresent it. Violations can lead to criminal prosecution, civil liability, or both, says Human Rights Watch.
While that maybe true, I lean towards keeping the violator away from any possible victims by alerting the community to steer clear of them at all cost.
MR DA D…
What do you do when a person with DWI/DUI convictions and others with Wife Beating charges or Drug Charges moves near you?
What you going to do?
Explain sir about projection. Is that more like alerting my community of the dangers of who’s around us as a good American should do? Hmmmmmmm.