Florida Statutes

Fla. Stat. § 775.0845 (2025)

Wearing mask while committing offense; reclassification.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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775.0845 Wearing mask while committing offense; reclassification.—The felony or misdemeanor degree of any criminal offense, other than a violation of ss. 876.12-876.15, shall be reclassified to the next higher degree as provided in this section if, while committing the offense, the offender was wearing a hood, mask, or other device that concealed his or her identity.

(1)(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 and determining incentive gain-time eligibility under chapter 944, such offense is ranked in level 2 of the offense severity ranking chart.

(2)(a) In the case of a felony of the third degree, the offense is reclassified to a felony of the second degree.

(b) In the case of a felony of the second degree, the offense is reclassified to a felony of the first degree.

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 former s. 921.0012, former s. 921.0013, s. 921.0022, or s. 921.0023 of the offense committed.

History.—s. 2, ch. 81-249; s. 21, ch. 95-184; s. 1, ch. 97-39; s. 1185, ch. 97-102; s. 13, ch. 97-194; s. 25, ch. 2009-20.

Arrestable Offenses under F.S. 775.0845

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§775.0845(1a)PUBLIC ORDER CRIMESREMOVEDM · 1st

§775.0845(1b)PUBLIC ORDER CRIMESREMOVEDF · 3rd

§775.0845(2a)PUBLIC ORDER CRIMESREMOVEDF · 2nd

§775.0845(2b)PUBLIC ORDER CRIMESREMOVEDF · 1st

Notes of Decisions

Cited in 52 cases, 1984–2020 · leading case: Cabal v. State, 678 So. 2d 315 (Fla. 1996).

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Cabal v. State, 678 So. 2d 315 (Fla. 1996). · cites it 19× “" § 775.0845, Fla.Stat. (1995) (emphasis added).”

Fletcher v. State, 472 So. 2d 537 (Fla. 5th DCA 1985). · cites it 11× “He also challenges the trial court's application of section 775.0845, Florida Statutes (1983), which enhances the penalty for an offense where the offender, while committing the offense, wears a device that conceals his identity.”

Bottoson v. Moore, 833 So. 2d 693 (Fla. 2002). · cites it 2× “See § 775.084, Fla. Stat. (2001). However, there are other statutes which allow the courts to reclassify the offense and thus exceed the statutory maximum sentence: section 775.”

Wright v. State, 810 So. 2d 873 (Fla. 2002). · cites it 14× “Wright contends that since he remained unmasked in his vehicle, his offenses cannot be reclassified under the provisions of section 775.0845, Florida Statutes (1997) ("Wearing mask while committing offense; reclassification").”

Spicer v. State, 615 So. 2d 725 (Fla. 2d DCA 1993). · cites it 6× “Spicer argues that although section 775.0845 is an enhanced penalty statute, it does not reclassify the degree of felony.”

Cooper v. State, 800 So. 2d 243 (Fla. 2d DCA 2001). · cites it 6× “Cooper next alleges that his sentences are illegal because the trial court enhanced the convictions from second-degree felonies to first-degree felonies under section 775.0845, Florida Statutes (1995), and then again enhanced them to life felonies under the habitual offender…”

Pethtel v. State, 177 So. 3d 631 (Fla. 2d DCA 2015). · cites it 5× “(2014) (expressly authorizing reclassification of an assault or battery to a higher degree based on the victim's status as a law enforcement officer, firefighter, emergency medical care provider, public transit employee or agent, or other specified officer), and § 775.0845, Fla.…”

Wright v. State, 767 So. 2d 576 (Fla. 5th DCA 2000). · cites it 10× “But Wright contends that since he remained unmasked in his vehicle as he sent his minions out to commit masked offenses, his offenses cannot be reclassified under the provisions of section 775.0845, Florida Statutes ("Wearing mask while committing offense; reclassification").”

Newman v. State, 738 So. 2d 981 (Fla. 2d DCA 1999). · cites it 7× “" § 775.0845, Fla. Stat. (1995) (emphasis supplied).”

Jennings v. State, 498 So. 2d 1373 (Fla. 1st DCA 1986). · cites it 5× “However on its face, § 775.0845, Florida Statutes (1985), the mask statute, reveals language that distinguishes it from the habitual offender statute.”

Sanders v. State, 621 So. 2d 723 (Fla. 5th DCA 1993). · cites it 2× “§ 775.0845, Fla. Stat.(1985). That statute provides: The penalty for any criminal offense .”

Cuthbert v. State, 459 So. 2d 1098 (Fla. 1st DCA 1984). · cites it 2× “(1981), use of a weapon or firearm in commission of a felony, and § 775.0845, Fla. Stat. (1981), wearing a mask while committing an offense).”

Show all 52 citing cases →

— 775.0845(3) — 1 case

Jennings v. State, 498 So. 2d 1373 (Fla. 1st DCA 1986). “However on its face, § 775.0845, Florida Statutes (1985), the mask statute, reveals language that distinguishes it from the habitual offender statute.”

— 775.0845(4) — 7 cases

Spicer v. State, 615 So. 2d 725 (Fla. 2d DCA 1993). “Spicer argues that although section 775.0845 is an enhanced penalty statute, it does not reclassify the degree of felony.”

Cabal v. State, 678 So. 2d 315 (Fla. 1996). “" § 775.0845, Fla.Stat. (1995) (emphasis added).”

Archibald v. State, 646 So. 2d 298 (Fla. 5th DCA 1994).

Adams v. State, 775 So. 2d 385 (Fla. 2d DCA 2000).

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