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Florida Statute 775.021 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XLVI
CRIMES
Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS
View Entire Chapter
F.S. 775.021
775.021 Rules of construction.—
(1) The provisions of this code and offenses defined by other statutes shall be strictly construed; when the language is susceptible of differing constructions, it shall be construed most favorably to the accused.
(2) The provisions of this chapter are applicable to offenses defined by other statutes, unless the code otherwise provides.
(3) This section does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree.
(4)(a) Whoever, in the course of one criminal transaction or episode, commits an act or acts which constitute one or more separate criminal offenses, upon conviction and adjudication of guilt, shall be sentenced separately for each criminal offense; and the sentencing judge may order the sentences to be served concurrently or consecutively. For the purposes of this subsection, offenses are separate if each offense requires proof of an element that the other does not, without regard to the accusatory pleading or the proof adduced at trial.
(b) The intent of the Legislature is to convict and sentence for each criminal offense committed in the course of one criminal episode or transaction and not to allow the principle of lenity as set forth in subsection (1) to determine legislative intent. Exceptions to this rule of construction are:
1. Offenses which require identical elements of proof.
2. Offenses which are degrees of the same offense as provided by statute.
3. Offenses which are lesser offenses the statutory elements of which are subsumed by the greater offense.
(5) Whoever commits an act that violates a provision of this code or commits a criminal offense defined by another statute and thereby causes the death of, or bodily injury to, an unborn child commits a separate offense if the provision or statute does not otherwise specifically provide a separate offense for such death or injury to an unborn child.
(a) Except as otherwise provided in this subsection, the punishment for a separate offense under this subsection is the same as the punishment provided under this code or other statute for that conduct had the injury or death occurred to the mother of the unborn child.
(b) An offense under this subsection does not require proof that the person engaging in the conduct:
1. Had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or
2. Intended to cause the death of, or bodily injury to, the unborn child.
(c) Notwithstanding any other provision of law, the death penalty may not be imposed for an offense under this subsection.
(d) This subsection does not permit the prosecution:
1. Of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;
2. Of a person for providing medical treatment of the pregnant woman or her unborn child; or
3. Of a woman with respect to her unborn child.
(e) As used in this subsection, the term “unborn child” means a member of the species Homo sapiens, at any stage of development, who is carried in the womb.
History.—s. 3, ch. 74-383; s. 1, ch. 76-66; s. 1, ch. 77-174; s. 1, ch. 83-156; s. 7, ch. 88-131; s. 2, ch. 2014-194.

F.S. 775.021 on Google Scholar

F.S. 775.021 on Casetext

Amendments to 775.021


Arrestable Offenses / Crimes under Fla. Stat. 775.021
Level: Degree
Misdemeanor/Felony: First/Second/Third

S775.021 5a - BATTERY - CAUSE BOD INJ UNBRN CHLD SEE TBLE OTH FORM BAT - F: S
S775.021 5a - HOMICIDE - CAUSE DEATH UNBRN CHILD SEE TBLE OTH FORM MURD - F: F

Annotations, Discussions, Cases:

Cases Citing Statute 775.021

Total Results: 20

Wester v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-13T00:00:00-08:00

Snippet: , 742 (Fla. 2002). “To the extent that section 775.021(1) expresses the rule of lenity, it is ‘a canon

Anthawn Ragan, Jr. v. the State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-30T00:00:00-07:00

Snippet: Blockburger and its statutory equivalent in section 775.021(4), Fla. Stat. (1983)[5], are only tools of statutory…statutes.” Id. at 1196-97. 5 In 1983, section 775.021(4), Florida Statutes, provided: Whoever…or the proof adduced at trial. Section 775.021(4) was subsequently amended to add subsection (…Maisonet-Maldonado held that the statutory language of section 775.021(4), Florida Statutes (2010), “clearly expresses…rule, it continued, are those listed in section 775.021(4), Florida Statutes (2010), 6 which provides:

Cassanova Gabriel v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-16T00:00:00-07:00

Snippet: court explained in Conage, “[t]hrough section 775.021(1), Florida Statutes, the Legislature has elevated…(quoting Paul, 129 So. 3d at 1064); see also § 775.021(1), Fla. Stat. (2022) (“[W]hen the language is

Shane Matthew Morrow v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-11T00:00:00-07:00

Snippet: Blockburger same-elements test codified in section 775.021(4), Florida Statutes. Therefore, double jeopardy

Harvill v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: same elements” test, which is codified in section 775.021(4)(a), Florida Statutes, and provides that “offenses…adduced at trial.” Id. at 66–67. Pursuant to section 775.021(4)(a), we must examine the statutory elements of… which are subsumed by the greater offense.” § 775.021(4)(b), Fla. Stat. (2022). If none of the exceptions…Additionally, none of the exceptions in section 775.021(4)(b) apply. See Maisonet- Maldonado, …So. 3d 1067 (Fla. 2009) (explaining that section 775.21(4)(b)(3) only applies to category 1 necessary lesser-included

Harvill v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: same elements” test, which is codified in section 775.021(4)(a), Florida Statutes, and provides that “offenses…adduced at trial.” Id. at 66–67. Pursuant to section 775.021(4)(a), we must examine the statutory elements of… which are subsumed by the greater offense.” § 775.021(4)(b), Fla. Stat. (2022). If none of the exceptions…Additionally, none of the exceptions in section 775.021(4)(b) apply. See Maisonet- Maldonado, …So. 3d 1067 (Fla. 2009) (explaining that section 775.21(4)(b)(3) only applies to category 1 necessary lesser-included

Harvill v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: same elements” test, which is codified in section 775.021(4)(a), Florida Statutes, and provides that “offenses…adduced at trial.” Id. at 66–67. Pursuant to section 775.021(4)(a), we must examine the statutory elements of… which are subsumed by the greater offense.” § 775.021(4)(b), Fla. Stat. (2022). If none of the exceptions…Additionally, none of the exceptions in section 775.021(4)(b) apply. See Maisonet- Maldonado, …So. 3d 1067 (Fla. 2009) (explaining that section 775.21(4)(b)(3) only applies to category 1 necessary lesser-included

Harvill v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: same elements” test, which is codified in section 775.021(4)(a), Florida Statutes, and provides that “offenses…adduced at trial.” Id. at 66–67. Pursuant to section 775.021(4)(a), we must examine the statutory elements of… which are subsumed by the greater offense.” § 775.021(4)(b), Fla. Stat. (2022). If none of the exceptions…Additionally, none of the exceptions in section 775.021(4)(b) apply. See Maisonet- Maldonado, …So. 3d 1067 (Fla. 2009) (explaining that section 775.21(4)(b)(3) only applies to category 1 necessary lesser-included

Christopher Wayne Smith v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-17T00:00:00-07:00

Snippet: within the elements of the second crime.”); § 775.021(4)(b)3., Fla. Stat. (providing that the Legislature

Nisbany Surit-Garcias v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-10T00:00:00-07:00

Snippet: injury. Our approach is consistent with section 775.021(1), Florida Statutes (2020), which provides:

Ron DeSantis, Governor v. Dream Defenders

Court: Fla. | Date Filed: 2024-06-20T00:00:00-07:00

Snippet: ambiguous, the rule of lenity requires it. See § 775.021(1), Fla. Stat. (2021) (“The provisions of this

Jerry Richardson v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-19T00:00:00-07:00

Snippet: which are subsumed by the greater offense. § 775.021(4)(b), Fla. Stat. See Trappman, 49 Fla. L. Weekly…616 (Fla. 1989) (explaining that “[s]ubsection 775.021(4)(b) is the specific, clear, and precise statement…same offense, simple battery. * Section 775.021(4)(b)1. codifies the “same elements” test established

ISLAAM v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-14T00:00:00-07:00

Snippet: any ambiguities in favor of Mr. Islaam. See § 775.021(1), Fla. Stat. (2023) ("The provisions of

State of Florida v. Andrew James Jones

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-01T00:00:00-07:00

Snippet: . . . ‘same-elements’ test pursuant to section 775.021(4), Florida Statutes[,] is the sole method of determining… exceptions to the Blockburger test in section 775.021(4), Florida Statutes, which provides: (4… which are subsumed by the greater offense. § 775.021(4), Fla. Stat. (2021). The respective charges…not and that none of the exceptions in section 775.021(4)(b) apply. The State attempts to distinguish …does not and none of the exceptions in section 775.021(4)(b), Florida Statutes (2020), are met. I agree

State of Florida v. Johanna Courts

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-01T00:00:00-07:00

Snippet: . . . ‘same-elements’ test pursuant to section 775.021(4), Florida Statutes[,] is the sole method of determining… exceptions to the Blockburger test in section 775.021(4), Florida Statutes, which provides: (4… which are subsumed by the greater offense. § 775.021(4), Fla. Stat. (2021). The respective charges…not and that none of the exceptions in section 775.021(4)(b) apply. The State attempts to distinguish …does not and none of the exceptions in section 775.021(4)(b), Florida Statutes (2020), are met. I agree

Fernando Sotolongo v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-03T00:00:00-07:00

Snippet: BOKOR, JJ. PER CURIAM. Affirmed. See § 775.021(4)(a), Fla. Stat. (2023) (“Whoever, in the course

David William Trappman v. State of Florida

Court: Fla. | Date Filed: 2024-02-08T00:00:00-08:00

Snippet: regarding multiple punishments contained in section 775.021(4), Florida Statutes (2017). Finally, we consider…offense.” From its inception in 1976, section 775.021(4) “abrogated the single transaction rule.” Borges…rules of construction” are set forth in section 775.021(4): (4)(a) Whoever, in the course of… which are subsumed by the greater offense. § 775.021(4), Fla. Stat. The “principle of lenity” …be construed most favorably to the accused.” § 775.021(1), Fla. Stat. But subsection (4) makes clear

STATE OF FLORIDA v. ANDREW SCOTT CROSE

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-26T00:00:00-08:00

Snippet: In examining Chapter 947 in light of section 775.021(4), Florida Statutes (1983) and section 775.087…follow James as the more lenient application. See § 775.021(1), Fla. Stat. (2019) ("The provisions of

Tanner Dashner v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-10T00:00:00-08:00

Snippet: Florida law pursuant to a 1988 amendment to section 775.021(4), Florida Statutes. Id. at 66-67. The court receded… contemplated by the plain language of section 775.021(4), Florida Statutes (2018). The statute provides…one criminal episode or transaction . . . .” § 775.021(4), Fla. Stat. (2018) (emphasis added). As the … 1988 amendment, the plain language of section 775.021 clearly expresses that offenses which pass the

ROBERT GAFFNEY v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-05T00:00:00-08:00

Snippet: jeopardy analysis must—in accordance with section 775.021(4)[, Florida Statutes]— be conducted without regard