Which factor does not influence the degree of felony for sexual battery of a child?

Which factor does not influence the degree of felony for sexual battery of a child?

• A. Victim's hair color.
• B. Age and mental and physical capacity.
• C. Type of force used.
• D. Relationship of the child to the suspect.

Answer: (A)

The degree of a felony in sexual battery of a child hinges on the victim’s vulnerability, the coercion or force used, and the offender’s relationship to the child. Hair color has no bearing on these statutory factors and does not affect the charge level. The age and mental or physical capacity of the victim influence the degree because younger or more vulnerable victims warrant harsher penalties. The type of force used matters because greater coercion, threats, or the use of weapons can elevate the offense to a more serious category. The relationship of the child to the suspect also impacts the degree, since abuse by someone trusted or in a position of authority or care is treated more severely due to the abuse of that relationship.

The degree of a felony in sexual battery of a child hinges on the victim’s vulnerability, the coercion or force used, and the offender’s relationship to the child. Hair color has no bearing on these statutory factors and does not affect the charge level. The age and mental or physical capacity of the victim influence the degree because younger or more vulnerable victims warrant harsher penalties. The type of force used matters because greater coercion, threats, or the use of weapons can elevate the offense to a more serious category. The relationship of the child to the suspect also impacts the degree, since abuse by someone trusted or in a position of authority or care is treated more severely due to the abuse of that relationship.