775.0845
Wearing mask while committing offense; reclassification.
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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.
Notes of Decisions
Cited in 52
cases, 1984–2020 · leading case: Cabal v. State
Cabal v. State (1996)
“" § 775.0845, Fla.Stat. (1995) (emphasis added).”
Fletcher v. State (1985)
“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 (2002)
“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 (2002)
“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 (1993)
“Spicer argues that although section 775.0845 is an enhanced penalty statute, it does not reclassify the degree of felony.”
Cooper v. State (2001)
“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 (2015)
“(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 (2000)
“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 (1999)
“" § 775.0845, Fla. Stat. (1995) (emphasis supplied).”
Jennings v. State (1986)
“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 (1993)
“§ 775.0845, Fla. Stat.(1985). That statute provides: The penalty for any criminal offense .”
Cuthbert v. State (1984)
“(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).”
— 775.0845(3) — 1 case
Jennings v. State (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 (1993)
“Spicer argues that although section 775.0845 is an enhanced penalty statute, it does not reclassify the degree of felony.”
Cabal v. State (1996)
“" § 775.0845, Fla.Stat. (1995) (emphasis added).”
Jennings v. State (1986)
“However on its face, § 775.0845, Florida Statutes (1985), the mask statute, reveals language that distinguishes it from the habitual offender statute.”
Archibald v. State (1994)
Adams v. State (2000)
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