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Florida Statute 775.0863 | Lawyer Caselaw & Research
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F.S. 775.0863 Case Law from Google Scholar Google Search for Amendments to 775.0863

The 2024 Florida Statutes

Title XLVI
CRIMES
Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS
View Entire Chapter
F.S. 775.0863
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.

F.S. 775.0863 on Google Scholar

F.S. 775.0863 on Casetext

Amendments to 775.0863


Arrestable Offenses / Crimes under Fla. Stat. 775.0863
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 775.0863.



Annotations, Discussions, Cases:

Cases Citing Statute 775.0863

Total Results: 1

In Re: Standard Jury Instructions in Criminal Cases—report 2016-04

Court: Supreme Court of Florida | Date Filed: 2016-12-08

Citation: 206 So. 3d 14

Snippet: ON PREJUDICE § 775.085, Fla. Stat. and § 775.0863, Fla. Stat. If you find that (defendant)