775.0863
Evidencing prejudice while committing offense against person with mental or physical disability; reclassification.
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775.0863 Evidencing prejudice while committing offense against person with mental or physical disability; 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 a mental or physical disability 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 “mental or physical disability” means a condition of mental or physical incapacitation due to a developmental disability, organic brain damage, or mental illness, and one or more mental or physical limitations that restrict a person’s ability to perform the normal activities of daily living.
(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. 3, ch. 2016-81.
Notes of Decisions
Cited in 1
case, 2016–2016 · leading case: In Re: Standard Jury Instructions in Criminal Cases—report 2016-04
In Re: Standard Jury Instructions in Criminal Cases—report 2016-04 (2016)
“and § 775.0863, Fla. Stat. If you find that (defendant) committed (crime charged or a lesser included crime) *16 and you also find beyond a reasonable doubt that (defendant) 1.”
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