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Florida Statute 775.0877 | Lawyer Caselaw & Research
F.S. 775.0877 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
Chapter 775
View Entire Chapter
F.S. 775.0877
775.0877 Criminal transmission of HIV; procedures; penalties.
(1) In any case in which a person has been convicted of or has pled nolo contendere or guilty to, regardless of whether adjudication is withheld, any of the following offenses, or the attempt thereof, which offense or attempted offense involves the transmission of body fluids from one person to another:
(a) Section 794.011, relating to sexual battery;
(b) Section 826.04, relating to incest;
(c) Section 800.04, relating to lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age;
(d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d), relating to assault;
(e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b), relating to aggravated assault;
(f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c), relating to battery;
(g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a), relating to aggravated battery;
(h) Section 827.03(2)(c), relating to child abuse;
(i) Section 827.03(2)(a), relating to aggravated child abuse;
(j) Section 825.102(1), relating to abuse of an elderly person or disabled adult;
(k) Section 825.102(2), relating to aggravated abuse of an elderly person or disabled adult;
(l) Section 827.071, relating to sexual performance by person less than 18 years of age;
(m) Sections 796.07 and 796.08, relating to prostitution;
(n) Section 381.0041(11)(b), relating to donation of blood, plasma, organs, skin, or other human tissue; or
(o) Sections 787.06(3)(b), (d), (f), and (g), relating to human trafficking,

the court shall order the offender to undergo HIV testing, to be performed under the direction of the Department of Health in accordance with s. 381.004, unless the offender has undergone HIV testing voluntarily or pursuant to procedures established in s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or rule providing for HIV testing of criminal offenders or inmates, subsequent to her or his arrest for an offense enumerated in paragraphs (a)-(n) for which she or he was convicted or to which she or he pled nolo contendere or guilty. The results of an HIV test performed on an offender pursuant to this subsection are not admissible in any criminal proceeding arising out of the alleged offense.

(2) The results of the HIV test must be disclosed under the direction of the Department of Health, to the offender who has been convicted of or pled nolo contendere or guilty to an offense specified in subsection (1), the public health agency of the county in which the conviction occurred and, if different, the county of residence of the offender, and, upon request pursuant to s. 960.003, to the victim or the victim’s legal guardian, or the parent or legal guardian of the victim if the victim is a minor.
(3) An offender who has undergone HIV testing pursuant to subsection (1), and to whom positive test results have been disclosed pursuant to subsection (2), who commits a second or subsequent offense enumerated in paragraphs (1)(a)-(n), commits criminal transmission of HIV, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person may be convicted and sentenced separately for a violation of this subsection and for the underlying crime enumerated in paragraphs (1)(a)-(n).
(4) An offender may challenge the positive results of an HIV test performed pursuant to this section and may introduce results of a backup test performed at her or his own expense.
(5) Nothing in this section requires that an HIV infection have occurred in order for an offender to have committed criminal transmission of HIV.
(6) For an alleged violation of any offense enumerated in paragraphs (1)(a)-(n) for which the consent of the victim may be raised as a defense in a criminal prosecution, it is an affirmative defense to a charge of violating this section that the person exposed knew that the offender was infected with HIV, knew that the action being taken could result in transmission of the HIV infection, and consented to the action voluntarily with that knowledge.
History.s. 8, ch. 93-227; s. 7, ch. 96-221; s. 2, ch. 96-293; s. 16, ch. 96-322; s. 4, ch. 97-37; s. 1811, ch. 97-102; s. 95, ch. 99-3; s. 291, ch. 99-8; s. 2, ch. 2010-64; s. 4, ch. 2010-113; s. 1, ch. 2010-117; s. 11, ch. 2012-155; s. 127, ch. 2012-184; s. 17, ch. 2014-160; s. 32, ch. 2016-24.

F.S. 775.0877 on Google Scholar

F.S. 775.0877 on Casetext

Amendments to 775.0877

Arrestable Offenses / Crimes under Fla. Stat. 775.0877
Level: Degree
Misdemeanor/Felony: First/Second/Third


Annotations, Discussions, Cases:

Cases from cite.case.law:

P. R. a v. STATE, 183 So. 3d 1163 (Fla. Dist. Ct. App. 2016)

. . . indictment with or alleged by petition for delinquency to have committed any offense enumerated in s. 775.0877 . . .

M. D. a v. STATE, 993 So. 2d 1061 (Fla. Dist. Ct. App. 2008)

. . . (b) However, when a victim of any sexual offense enumerated in s. 775.0877(l)(a)-(n) is under the age . . . Among the sexual offenses enumerated in section 775.0877(1), Florida Statutes (2007), is: (c) Section . . . However, section 775.0877(l)(c) refers to the pre-1999 version of section 800.04. . . . A literal interpretation of section 775.0877(1)(c) based on the outdated reference to section 800.04 . . . Under these circumstances, the trial court should have construed section 775.0877(1)(c) as referring . . .

OCALA STAR- BANNER, v. STATE Jr., 697 So. 2d 1317 (Fla. Dist. Ct. App. 1997)

. . . health agencies, or courts of appropriate jurisdiction, to enforce the provisions of this chapter or s. 775.0877 . . . such diseases, except in proceedings under ss. 384.27 and 384.28 or involving offenders pursuant to s. 775.0877 . . .

JAMES, v. STATE, 695 So. 2d 863 (Fla. Dist. Ct. App. 1997)

. . . case in which a person has been charged by information or indictment with any offense enumerated in s. 775.0877 . . .

FOSMAN, v. STATE, 664 So. 2d 1163 (Fla. Dist. Ct. App. 1995)

. . . which a person has been charged by information or indictment with ... any offense enumerated in s. 775.0877 . . .