Florida/Georgia Personal Injury & Workers Compensation

You're probably overthinking it. Call a lawyer.

Call Now: 904-383-7448
Florida Statute 775.0862 - Full Text and Legal Analysis
Florida Statute 775.0862 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 775.0862 Case Law from Google Scholar Google Search for Amendments to 775.0862

The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS
View Entire Chapter
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.
(c) “Student” means a person younger than 18 years of age who is enrolled at a school.
(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.
(c) In the case of a felony of the first degree, the offense is reclassified to a life felony.

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; s. 61, ch. 2025-156.

F.S. 775.0862 on Google Scholar

F.S. 775.0862 on CourtListener

Amendments to 775.0862


Annotations, Discussions, Cases:

Cases Citing Statute 775.0862

Total Results: 6  |  Sort by: Relevance  |  Newest First

Copy

In Re Stand. Jury Instructions in Crim. Cases-instructions 7.8, 7.8(a), & 11.1-11.6(a), 190 So. 3d 1055 (Fla. 2016).

Cited 1 times | Published | Supreme Court of Florida | 2016 WL 1460708

...Stat. (Victim’s) lack of chastity is not a defense to the crime charged. Give if applicable. § 794.021, Fla. Stat. Ignorance of (victim’s) age, (victim’s) misrepresentation of his or her age, or a defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged. § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
...age, or a defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged. Give if requested. § 794.022, Fla. Stat. (Victim’s) lack of chastity is not a defense to the crime charged. - 31 - § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
...Stat. (Victim’s) lack of chastity is not a defense to the crime charged. § 794.021, Fla. Stat. Ignorance of (victim’s) age, (victim’s) misrepresentation of his or her age, or a defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged. § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
...Stat. (Victim’s) lack of chastity is not a defense to the crime charged. § 794.021, Fla. Stat. Ignorance of (victim’s) age, (victim’s) misrepresentation of his or her age, or a defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged. § 775.0862, Fla....
...other public school level authorized under the rules of the State Board of - 40 - Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
Copy

In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-01, 228 So. 3d 87 (Fla. 2017).

Published | Supreme Court of Florida | 2017 WL 4546149

...the mouth and the penis, or the mouth and the vulva. “Sexual bestiality” means any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other. Give if applicable. § 775.0862, Fla....
...7 other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
...the mouth and the penis, or the mouth and the vulva. “Sexual bestiality” means any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other. Give if applicable. § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
...the mouth and the penis, or the mouth and the vulva. “Sexual bestiality” means any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other. Give if applicable. § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
...the mouth and the penis, or the mouth and the vulva. “Sexual bestiality” means any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other. Give if applicable. § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
Copy

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018).

Published | Supreme Court of Florida

...3d 312 (Fla. 2018).[1] Definitions for “bona fide” and “union” are added to the instructions as applicable, and the term “enhancement” is replaced by “reclassification” in instructions 11.7, 11.10(a), 11.10(b), 11.10(c), 11.10(d), 11.10(e), 11.11, and 11.21, because section 775.0862, Florida Statutes (2018), is a reclassification statute. Lastly, in instructions 11.10(e), 11.10(g), and 11.11, the statutory definitions for “sadomasochistic abuse” and “sexual bestiality” are changed from those in...
... The defendant’s ignorance of (victim’s) age, (victim’s) misrepresentation of his or her age, or the defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged. Give if applicable. “Bona fide” means genuine. § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
...Stat. The defendant’s ignorance of (victim’s) age, (victim’s) misrepresentation of [his] [her] age, or the defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged. Give if applicable. “Bona fide” means genuine. § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
...Stat. The defendant’s ignorance of (victim’s) age, (victim’s) misrepresentation of [his] [her] age, or the defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged. Give if applicable. “Bona fide” means genuine. § 775.0862, Fla....
...- 17 - other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
...of [his] [her] age, or the defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged. - 20 - Give if applicable. “Bona fide” means genuine. Give if applicable. § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
...Stat. The defendant’s ignorance of (victim’s) age, (victim’s) misrepresentation of [his] [her] age, or the defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged. Give if applicable. “Bona fide” means genuine. § 775.0862, Fla....
...other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively - 24 - to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
...Stat. The defendant’s ignorance of (victim’s) age, (victim’s) misrepresentation of his or her age, or the defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged. Give if applicable. - 27 - “Bona fide” means genuine. § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
...done for a bona fide medical purpose. Give if applicable. “Bona fide” means genuine. Lakey v. State, 113 So. 3d 90 (Fla. 5th DCA 2013). “An object” includes a finger. “Union” means contact. Give if applicable. § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
...5th DCA 2013). “An object” includes a finger. § 847.001(17), Fla. Stat. “Sexual excitement” means the condition of the human male or female genitals when in a state of sexual stimulation or arousal. Give if applicable. § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
Copy

In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-06, 195 So. 3d 356 (Fla. 2016).

Published | Supreme Court of Florida | 2016 WL 3450481

...the mouth and the penis, or the mouth and the vulva. “Sexual bestiality” means any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other. Give if applicable. § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
...the mouth and the penis, or the mouth and the vulva. “Sexual bestiality” means any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other. Give if applicable. § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
Copy

In Re: Stand. Jury Instructions in Crim. Cases - Report 2019-11 (Fla. 2020).

Published | Supreme Court of Florida

...5th DCA 2013). “An object” includes a finger. § 847.001(17), Fla. Stat. “Sexual excitement” means the condition of the human male or female genitals when in a state of sexual stimulation or arousal. Give if applicable. § 775.0862, Fla....
...other public school level authorized under the rules of the State Board of - 14 - Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
Copy

In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-07, 163 So. 3d 478 (Fla. 2015).

Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 221, 2015 Fla. LEXIS 927, 2015 WL 1932145

...1st DCA 2006); § 794.021, Fla. Stat. The defendant’s ignorance of (victim’s) age, (victim’s) misrepresentation of his or her age, or the defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged. § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
...§ 800.04(3), Fla. Stat. The defendant’s ignorance of victim’s (victim’s) age, victim’s (victim’s) misrepresentation of [his] [her] age, or the defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged. § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
...§ 800.04(3), Fla. Stat. The defendant’s ignorance of victim’s (victim’s) age, victim’s (victim’s) misrepresentation of [his] [her] age, or the defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged. § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
...Stat. The defendant’s ignorance of victim’s (victim’s) age, victim’s (victim’s) misrepresentation of [his] [her] age, or the defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged. Give if applicable. § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
...the crime charged. § 800.04(3), Fla. Stat. The defendant’s ignorance of (victim’s) age, (victim’s) misrepresentation of [his] [her] age, or the defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged. § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
...the crime charged. § 800.04(3), Fla. Stat. The defendant’s ignorance of (victim’s) age, (victim’s) misrepresentation of his or her age, or the defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged. § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
...or other cause, that causes an elderly person or disabled adult to lack sufficient understanding or capacity to make or communicate reasonable decisions concerning the elderly person’s or disabled adult’s person or property. Give if applicable. § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
...the mouth and the penis, or the mouth and the vulva. “Sexual bestiality” means any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other. Give if applicable. § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
...the mouth and the penis, or the mouth and the vulva. “Sexual bestiality” means any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other. Give if applicable. § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
...al battery” does not include an act done for a bona fide medical purpose. - 31 - Lakey v. State, 113 So. 3d 90 (Fla. 5th DCA 2013). “An object” includes a finger. Give if applicable. § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....
...5th DCA 2013). “An object” includes a finger. § 847.001(17), Fla. Stat. “Sexual excitement” means the condition of the human male or female genitals when in a state of sexual stimulation or arousal. Give if applicable. § 775.0862, Fla....
...igh school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.