Limitation: Prosecution for a capital felony (a person 18 or over who commits sexual battery upon a person less than 12 years of age commits a capital felony) or life felony (a person less than 18 who commits sexual battery upon a person less than 12 years of age commits a life felony) or a felony that resulted in death may be commenced at any time. Prosecution for a felony of the first degree must be commenced within four years of the offense. If the victim was under 18 when the crime occurred, the statues of limitations does not begin to run until the victim turns 18 or reports the crime to the police, whichever occurs earlier. If the victim was under 18 when the crime occurred and the offense is a first degree felony under section 794.011 (Fla. Stat. 794.011(4) A person who commits sexual battery upon a person 12 or over, commits a 1st degree felony when: the victim is physically helpless to resist; when the offender coerces with threats to use force or violence, or retaliate; when the offender administers an intoxicating substance that incapacitates the victim; when the victim is mentally defective and the offender has reason to know this; when the victim is physically incapacitated; when the offender is a law enforcement or related officer), the prosecution may commence at any time. Prosecution for first and second degree felony of 794.011 (first degree felony stated above as (Fla. Stat. 794.011(4), second degree felony is Fla. Stat. 794.011(5) A person who commits sexual battery upon a person 12 years of age or older, without that persons consent, without using physical force likely to cause serious injury commits a second degree felony) may be commenced at any time if the crime is reported to law enforcement within 72 hours of the commission of the crime.
DNA Exception: No.