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F.S. 775.0861 on Google Scholar

F.S. 775.0861 on Casetext

Amendments to 775.0861


The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Title XLVI
CRIMES
Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS
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F.S. 775.0861 Florida Statutes and Case Law
775.0861 Offenses against persons on the grounds of religious institutions; reclassification.
(1) For purposes of this section, the term:
(a) “Religious institution” is as defined in s. 496.404.
(b) “Religious service” is a religious ceremony, prayer, or other activity according to a form and order prescribed for worship, including a service related to a particular occasion.
(2) The felony or misdemeanor degree of any violation of:
(a) Section 784.011, relating to assault;
(b) Section 784.021, relating to aggravated assault;
(c) Section 784.03, relating to battery;
(d) Section 784.041, relating to felony battery;
(e) A statute defining any offense listed in s. 775.084(1)(b)1.; or
(f) Any other statute defining an offense that involves the use or threat of physical force or violence against any individual

shall be reclassified as provided in this section if the offense is committed on the property of a religious institution while the victim is on the property for the purpose of participating in or attending a religious service.

(3)(a) In the case of a misdemeanor of the second degree, the offense is reclassified to a misdemeanor of the first degree.
(b) In the case of a misdemeanor of the first degree, the offense is reclassified to a felony of the third degree. For purposes of sentencing under chapter 921, such offense is ranked in level 2 of the offense severity ranking chart.
(c) In the case of a felony of the third degree, the offense is reclassified to a felony of the second degree.
(d) In the case of a felony of the second degree, the offense is reclassified to a felony of the first degree.
(e) In the case of a felony of the first degree, the offense is reclassified to a life felony.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

History.s. 2, ch. 2005-77.

Statutes updated from Official Statutes on: March 07, 2023
F.S. 775.0861 on Google Scholar

F.S. 775.0861 on Casetext

Amendments to 775.0861


Arrestable Offenses / Crimes under Fla. Stat. 775.0861
Level: Degree
Misdemeanor/Felony: First/Second/Third

775.0861 3a - PUBLIC ORDER CRIMES - COMMIT MISD 2ND VIOLENCE IN RELIGIOUS INST - M: F
775.0861 3b - PUBLIC ORDER CRIMES - COMMIT MISD 1ST VIOLENCE IN RELIGIOUS INST - F: T
775.0861 3c - PUBLIC ORDER CRIMES - COMMIT FELONY 3RD VIOLENCE IN RELIGIOUS INST - F: S
775.0861 3d - PUBLIC ORDER CRIMES - COMMIT FELONY 2ND VIOLENCE IN RELIGIOUS INST - F: F
775.0861 3e - PUBLIC ORDER CRIMES - COMMIT FELONY 1ST VIOLENCE IN RELIGIOUS INST - F: L


Civil Citations / Citable Offenses under S775.0861
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 775.0861.


Annotations, Discussions, Cases: