Florida Statute 775.0862 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS

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F.S. 775.0862

775.0862 Sexual offenses against students by authority figures; reclassification.—

(1) As used in this section, the term:

(a) “Authority figure” means a person 18 years of age or older who is employed by, volunteering at, or under contract with a school.

(b) “School” has the same meaning as provided in s. 1003.01 and includes a private school as defined in s. 1002.01, a voluntary prekindergarten education program as described in s. 1002.53(3), early learning programs, a public school as described in s. 402.3025(1), the Florida School for the Deaf and the Blind, and the Florida Virtual School established under s. 1002.37. The term does not include facilities dedicated exclusively to the education of adults.

(2) The felony degree of a violation of an offense listed in s. 943.0435(1)(h)1.a., unless the offense is a violation of s. 794.011(4)(e)7. or s. 810.145(8)(a)2., shall be reclassified as provided in this section if the offense is committed by an authority figure of a school against a student of the school.

(3)(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 s. 921.0022 or s. 921.0023 of the offense committed.

History.—s. 2, ch. 2014-202; s. 91, ch. 2015-2; s. 69, ch. 2016-24; s. 10, ch. 2016-104; s. 12, ch. 2021-156.

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Amendments to 775.0862

Arrestable Offenses / Crimes under Fla. Stat. 775.0862

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 775.0862.

Annotations, Discussions, Cases:

Cases Citing Statute 775.0862

Total Results: 6

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-11

Court: Supreme Court of Florida | Date Filed: 2020-02-27

Snippet: stimulation or arousal. Give if applicable. § 775.0862, Fla. Stat. Reclassification for sexual

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-04.

Court: Supreme Court of Florida | Date Filed: 2018-11-15

Citation: 257 So. 3d 370

Snippet: 10(d), 11.10(e), 11.11, and 11.21, because section 775.0862, Florida Statutes (2018), is a reclassification

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-01

Court: Supreme Court of Florida | Date Filed: 2017-10-12

Citation: 228 So. 3d 87, 2017 WL 4546149

Snippet: vagina of the other. Give if applicable. § 775.0862, Fla. Stat. Enhancement for sexual offense

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2015-06

Court: Supreme Court of Florida | Date Filed: 2016-06-23

Citation: 195 So. 3d 356, 2016 WL 3450481

Snippet: vagina of the other. Give if applicable. § 775.0862, Fla. Stat. Enhancement for sexual offense

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-INSTRUCTIONS 7.8, 7.8(A), and 11.1-11.6(A)

Court: Supreme Court of Florida | Date Filed: 2016-04-14

Citation: 190 So. 3d 1055, 2016 WL 1460708

Snippet: is not a defense to the crime charged. § 775.0862, Fla. Stat. ■Enhancement for sexual battery

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2014-07

Court: Supreme Court of Florida | Date Filed: 2015-04-30

Citation: 163 So. 3d 478, 40 Fla. L. Weekly Supp. 221, 2015 Fla. LEXIS 927, 2015 WL 1932145

Snippet: is not a defense to the crime charged. § 775.0862, Fla. Stat Enhancement for sexual offense