Which of the following are factors that determine the degree of felony for sexual battery of a child?

• A. Age and mental and physical capacity of the victim.
• B. Type of force used.
• C. Threat or use of a deadly weapon.
• D. All of the above.

Answer: (D)

Aggravating factors determine the level of felony for sexual battery of a child. The law treats the age and the victim’s mental or physical capacity as key signals of vulnerability; younger or more impaired victims justify harsher penalties. The amount or type of force used shows how coercive or violent the act was, which can elevate the degree. The threat or use of a deadly weapon adds an extreme level of danger and intent, typically pushing the offense to a higher category. Because any of these factors can independently raise the severity, and they can also combine to produce the highest levels, all of these elements are considered when deciding the degree of felony. For example, a very young or incapacitated child harmed through significant force and threats with a weapon would be at the highest end of the felony scale.