775.085
Evidencing prejudice while committing offense; reclassification.
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775.085 Evidencing prejudice while committing offense; reclassification.—
(1)(a) The penalty for any felony or misdemeanor shall be reclassified as provided in this subsection if the commission of such felony or misdemeanor evidences prejudice based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age of the victim:
1. A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree.
2. A misdemeanor of the first degree is reclassified to a felony of the third degree.
3. A felony of the third degree is reclassified to a felony of the second degree.
4. A felony of the second degree is reclassified to a felony of the first degree.
5. A felony of the first degree is reclassified to a life felony.
(b) As used in paragraph (a), the term:
1. “Advanced age” means that the victim is older than 65 years of age.
2. “Homeless status” means that the victim:
a. Lacks a fixed, regular, and adequate nighttime residence; or
b. Has a primary nighttime residence that is:
(I) A supervised publicly or privately operated shelter designed to provide temporary living accommodations; or
(II) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
(2) A person or organization that establishes by clear and convincing evidence that it has been coerced, intimidated, or threatened in violation of this section has a civil cause of action for treble damages, an injunction, or any other appropriate relief in law or in equity. Upon prevailing in such civil action, the plaintiff may recover reasonable attorney fees and costs.
(3) It is an essential element of this section that the record reflect that the defendant perceived, knew, or had reasonable grounds to know or perceive that the victim was within the class delineated in this section.
History.—s. 1, ch. 89-133; s. 1, ch. 91-83; s. 1, ch. 98-83; s. 1, ch. 99-172; s. 1, ch. 2010-46; s. 2, ch. 2016-81.
Notes of Decisions
Cited in 43
cases (2 in the last 5 years), 1991–2024 · leading case: State v. Stalder
State v. Stalder (1994)
“085 has since been amended to include "sexual orientation" in its list of proscribed factors and to provide: (3) It shall be an essential element of this section that the record reflect that the defendant perceived, knew, or had reasonable grounds to know or perceive that the…”
Freudenberger v. State (2006)
“NOTES [1] The standard jury instruction for "aggravation of a felony by evidencing prejudice," § 775.085, Fla. Stat., was substantially revised and rewritten in 2000.”
Richards v. State (1992)
“The defendant made a pretrial motion to strike the above-quoted allegations from the information or to limit its interpretation on the ground that section 775.085, Florida Statutes (1991), upon which such allegations rested, was unconstitutionally "vague and overly broad" in…”
Jomolla v. State (2008)
“On appeal, the defendant alleges that his conviction must be reversed and a new trial granted because: (1) the jury was instructed on an alternative theory of battery not charged in the information; (2) prejudicial evidence was improperly introduced at trial; (3) section…”
Bottoson v. Moore (2002)
“However, there are other statutes which allow the courts to reclassify the offense and thus exceed the statutory maximum sentence: section 775.”
Liliana Cuesta v. School Board of Miami-Dade (2002)
“” 2 He also believed that, given the racially motivated content of the pamphlet, the crime could be enhanced to a felony under Fla. Stat. § 775.085 , a law that allows the enhancement of a crime that “evidences prejudice.”
State v. Hart (1996)
“021(1) as enhanced by section 775.085 [1] , Florida Statutes (1995).”
State of West Virginia v. Steward Butler (2017)
“§ 18-9-121 ; Fla. Stat. § 775.085 ; Kan. St. § 21-6815(c)(2)(C); Ky.”
Dobbins v. State (1992)
“03(1)(a)) and sentenced under the enhancement provisions of the hate crime statute (Fla. Stat. 775.085). We find the evidence sufficient to uphold the jury's verdict that Dobbins committed the proscribed act and that the commission of the act evidenced prejudice based on Daly's…”
In Re Standard Jury Inst.-Criminal Cases (2000)
“________ Comment This instruction is based on section 775.085, Florida Statutes (Supp.1998).”
Bass v. State (1999)
“[3] § 775.085, Fla. Stat. (1997). [4] § 775.087(2), Fla.”
Pethtel v. State (2015)
“(2010) (listing manslaughter, aggravated manslaughter of an elderly person or disabled adult, aggravated manslaughter of a child, and aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic as separate crimes), with § 775.085, Fla.…”
— 775.085(1) — 5 cases
Richards v. State (1992)
“The defendant made a pretrial motion to strike the above-quoted allegations from the information or to limit its interpretation on the ground that section 775.085, Florida Statutes (1991), upon which such allegations rested, was unconstitutionally "vague and overly broad" in…”
State v. Stalder (1994)
“085 has since been amended to include "sexual orientation" in its list of proscribed factors and to provide: (3) It shall be an essential element of this section that the record reflect that the defendant perceived, knew, or had reasonable grounds to know or perceive that the…”
State v. Hart (1996)
“021(1) as enhanced by section 775.085 [1] , Florida Statutes (1995).”
Williams v. State (1993)
— 775.085(1)(a) — 3 cases
Freudenberger v. State (2006)
“NOTES [1] The standard jury instruction for "aggravation of a felony by evidencing prejudice," § 775.085, Fla. Stat., was substantially revised and rewritten in 2000.”
— 775.085(1)(c) — 1 case
Abbott v. State (1997)
— 775.085(l)(b) — 1 case
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