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Statute 794.011(8)(c) describes the crime of sexual battery which consists of having oral, anal or vaginal penetration with the sexual organ of another person where the victim is in a family member or is the custody of the person committing the act where the victim is less than the age of 12. The consent of the victim is not a defense if the victim is less than the age of 12.
I do not know what the reference to programmactically means without more of a frame of reference.
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