The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE

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F.S. 784.074

784.074 Assault or battery on sexually violent predators detention or commitment facility staff; reclassification of offenses.—

(1) Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon a staff member of a sexually violent predators detention or commitment facility as defined in part V of chapter 394, while the staff member is engaged in the lawful performance of his or her duties and when the person committing the offense knows or has reason to know the identity or employment of the victim, the offense for which the person is charged shall be reclassified as follows:

(a) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.

(b) In the case of an aggravated assault, from a felony of the third degree to a felony of the second degree.

(d) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.

(2) For purposes of this section, a staff member of the facilities listed includes persons employed by the Department of Children and Families, persons employed at facilities licensed by the Department of Children and Families, and persons employed at facilities operated under a contract with the Department of Children and Families.

History.—s. 1, ch. 2001-244; s. 116, ch. 2002-1; s. 298, ch. 2014-19.

F.S. 784.074 on Google Scholar

F.S. 784.074 on Casetext

Amendments to 784.074

Arrestable Offenses / Crimes under Fla. Stat. 784.074

Level: Degree
Misdemeanor/Felony: First/Second/Third

S784.074 1a - AGGRAV BATTERY - ON STAFF OF SEX VIOL PRED FACILITY - F: F

S784.074 1b - ASSAULT - ON STAFF OF SEX VIOL PRED FACILITY - F: S

S784.074 1c - BATTERY - ON STAFF OF SEX VIOL PRED FACILITY - F: T

S784.074 1d - SIMPLE ASSLT - ON STAFF OF SEX PRED FACILITY - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

KING, DOC v. STATE, 263 So. 3d 244 (Fla. App. Ct. 2019)

. . . See § 784.074, Fla. Stat. (2014). . . .

RAMROOP, v. STATE, 174 So. 3d 584 (Fla. Dist. Ct. App. 2015)

. . . .” § 784.074(1), Fla. Stat. (2013) (emphasis added). . . .

W. FINFROCK, v. STATE, 84 So. 3d 431 (Fla. Dist. Ct. App. 2012)

. . . battery of a staff member at a sexually violent predator detention facility, in violation of section 784.074 . . .

UNITED STATES v. C. SMITH, 725 F. Supp. 2d 1336 (M.D. Fla. 2010)

. . . . § 784.074(l)(e), and as is a simple battery committed on a person sixty-five years of age or older, . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 994 So. 2d 1038 (Fla. 2008)

. . . added in recent years providing for reclassification of assaults and batteries on designated classes: “784.074 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 962 So. 2d 310 (Fla. 2007)

. . . in recent years providing for reclassification of assaults and batteries on designated classes: §§ 784.074 . . .