FL S0868

Revises the definition of "mentally incapacitated" to apply only to temporary incapacity due to narcotic, anesthetic, or intoxicating substances, removing language requiring administration without consent.

Changes the circumstances for sexual battery charges involving a mentally incapacitated victim from requiring proof the offender administered a substance to requiring only that the victim is mentally incapacitated and the offender knew or reasonably believed this fact.

Maintains first-degree felony charges for sexual battery under specified circumstances, including when victim is mentally incapacitated, physically helpless, coerced, or victim is mentally defective.

Effective date is October 1, 2022.