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F.S. 784.085 on Google Scholar

F.S. 784.085 on Casetext

Amendments to 784.085


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

Title XLVI
CRIMES
Chapter 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE
View Entire Chapter
F.S. 784.085 Florida Statutes and Case Law
784.085 Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
(1) It is unlawful for any person, except a child as defined in this section, to knowingly cause or attempt to cause a child to come into contact with blood, seminal fluid, or urine or feces by throwing, tossing, projecting, or expelling such fluid or material.
(2) Any person, except a child as defined in this section, who violates this section commits battery of a child, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) As used in this section, the term “child” means a person under 18 years of age.
History.s. 85, ch. 2000-139.

Statutes updated from Official Statutes on: March 07, 2023
F.S. 784.085 on Google Scholar

F.S. 784.085 on Casetext

Amendments to 784.085


Arrestable Offenses / Crimes under Fla. Stat. 784.085
Level: Degree
Misdemeanor/Felony: First/Second/Third

784.085 - BATTERY - OVER 18 YOA CAUSE UND 18 CONTACT W BODY FLUIDS - F: T


Civil Citations / Citable Offenses under S784.085
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 784.085.


Annotations, Discussions, Cases:

  1. Pierre v. U.S. Attorney Gen.

    879 F.3d 1241 (11th Cir. 2018)   Cited 17 times
    Florida Statute § 784.085 is entitled "Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials." Fla. Stat. § 784.085. Under the statute, battery of a child occurs when a person "knowingly cause[s] or attempt[s] to cause a child to come into contact with blood, seminal fluid, or urine or feces by throwing, tossing, projecting, or expelling such fluid or material." Id. § 784.085(1).
    PAGE 1246
  2. U.S. v. Young

    527 F.3d 1274 (11th Cir. 2008)   Cited 23 times
    Young pled guilty to violating Florida Statute § 784.085, "Battery of a Child by Throwing, Tossing, Projecting, or Expelling Certain Fluids or Materials," which is a felony punishable by up to five years in prison. Fla. Stat. § 784.085 ; Fla. Stat. § 775.082(3)(d). According to the statute, it is "unlawful for any person . . . to knowingly cause or attempt to cause a child to come into contact with blood, seminal fluid, or urine or feces by throwing, tossing, projecting, or expelling such fluid or material." Fla. Stat. § 784.085.
    PAGE 1277
  3. Hopkins v. State

    105 So. 3d 470 (Fla. 2012)   Cited 10 times
    Pursuant to section 784.076, “A juvenile who has been committed to or detained by the Department of Juvenile Justice pursuant to a court order, who commits battery upon a person who provides health services commits a felony of the third degree....” § 784.076, Fla. Stat. (2007) (emphasis added). Exactly one year after the enactment of section 784.076—which was expressly restricted to juveniles—the Legislature, in enacting section 784.082, decided against being so restrictive by using the word “person.” See ch. 95–267, § 57, Laws of Fla. In addition, the Legislature excepted children from being prosecuted under section 784.085, which states that “any person, except a child ... [who] knowingly cause[s] or attempt[s] to cause a child to come into contact with” certain fluids or materials thereby commits a battery of a child, a third-degree felony. § 784.085(1), (2), Fla. Stat. (2007) (emphasis added).
    PAGE 475
  4. McNeil v. State

    162 So. 3d 274 (Fla. Dist. Ct. App. 2015)   Cited 4 times
    938.085 Additional cost to fund rape crisis centers.—In addition to any sanction imposed when a person pleads guilty or nolo contendere to, or is found guilty of, regardless of adjudication, a violation of s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s. 784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s. 784.083, s. 784.085, ors. 794.011, the court shall impose a surcharge of $151. Payment of the surcharge shall be a condition of probation, community control, or any other court-ordered supervision.
    PAGE 278
  5. U.S. v. Harris

    305 F. App'x 552 (11th Cir. 2008)   Cited 3 times
    United States v. Young, 527 F.3d 1274 (11th Cir. 2008), is instructive. In Young, we held that a violation of Fla. Stat. § 784.085, "Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials," qualified as a crime of violence under U.S.S.G. § 4B1.2. 527 F.3d at 1277-78. U.S.S.G. § 4B1.2 is nearly identical to § 924(e)(2)(B), and our cases interpreting that guideline "provide important guidance in determining what is a Violent felony' under the ACCA." United States v. Taylor, 489 F.3d 1112, 1113 (11th Cir. 2007). Fla. Stat § 784.085(1) makes it "unlawful for any [adult] to knowingly cause or attempt to cause a child to come into contact with blood, seminal fluid, or urine or feces by throwing, tossing, projecting, or expelling such fluid or material." In Young, we reasoned that:
    PAGE 556
  6. McNeil v. State

    215 So. 3d 55 (Fla. 2017)   Cited 6 times
    (1) If a person pleads guilty or nolo contendere to, or is found guilty of, regardless of adjudication, any offense against a minor in violation of s. 784.085, chapter 787, chapter 794 , s. 796.03, s. 800.04 , chapter 827, s. 847.0145, or s. 985.701, the court shall impose a court cost of $101 against the offender in addition to any other cost or penalty required by law.
    PAGE 57
  7. Felts v. State

    941 So. 2d 472 (Fla. Dist. Ct. App. 2006)
    On July 26, 2004, defendant, William Coleman Felts, entered a guilty plea to one count of sexual battery on a minor in violation Section 794.011(2), Florida Statutes, one count of lewd and lascivious molestation of a child under twelve years in violation of section 800.04(5)(b), and one count of battery of a child by bodily fluids in violation of section 784.085. In each of these counts, the defendant was sentenced concurrently to fifteen years in state prison followed by ten years of probation.
  8. State v. J.C

    916 So. 2d 847 (Fla. Dist. Ct. App. 2005)   Cited 8 times
    Additional cost to fund programs in domestic violence. — In addition to any sanction imposed for a violation of s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s. 784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s. 784.083, s. 784.085, s. 794.011, or for any offense of domestic violence described in s. 741.28, the court shall impose a surcharge of $201.
    PAGE 849
  9. U.S. v. Johnson

    528 F.3d 1318 (11th Cir. 2008)   Cited 41 times
    For that reason, nothing that the Florida Supreme Court said in Hearns about that state's violent career criminal statute binds us. What we held in Llanos-Agostadero does bind us. We follow its holding in concluding that the touching or striking element in the Florida crime of battery satisfies the physical force requirement of the definition of violent felony or crime of violence contained in 18 U.S.C. § 924(e)(2)(B)(i) and in the guidelines provisions that include the same definition, U.S.S.G. § 2L1.2(b)(1) cmt. n. 1(B)(iii), and § 4B1.2(a)(1). Our conclusion here is consistent with our recent decision in United States v. Young, 527 F.3d 1274 (11th Cir. 2008). That case involved the issue of whether the Florida crime of using fluids to commit battery of a child, Fla. Stat. § 784.085, is a crime of violence within the meaning of U.S.S.G. § 4B1.2(a)(1). After acknowledging the existence of the Hearns decision, we nonetheless held that the crime was one of violence because "[t]he impact of the fluids against the child creates pressure and this minimal impact satisfies the requirement of physical force." Young, 527 F.3d at 1278.
    PAGE 1322
  10. Warren v. State

    317 So. 3d 1276 (Fla. Dist. Ct. App. 2021)
    The State charged Appellant with seven counts of sexual crimes against his stepdaughter. A jury found him guilty as charged on all counts. Counts one, two, and three were for sexual battery by a familial or custodial authority, contrary to section 794.011(8)(b), Florida Statutes. Counts four and five were for lewd or lascivious molestation, contrary to section 800.04(5)(c) 2., Florida Statutes. Counts six and seven were for battery of a child by expelling seminal fluid onto the victim, contrary to section 784.085, Florida Statutes. At sentencing, the State and defense stipulated that double jeopardy applied to prohibit sentencing for counts two, five, and seven. These three counts are worded identically on the charging document, with identical dates, to counts one, four, and six, respectively. The State disagreed with the defense, however, on whether count four, the remaining lewd or lascivious molestation charge, was necessarily subsumed by count three, the remaining sexual battery charge. Applying Lee v. State , 258 So. 3d 1297 (Fla. 2018), the trial court determined that it could only examine the language of the charging document for double jeopardy purposes and…