Florida Statute 776.031 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 776
JUSTIFIABLE USE OF FORCE

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F.S. 776.031

776.031 Use or threatened use of force in defense of property.—

(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other’s trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.

(2) A person is justified in using or threatening to use deadly force only if he or she reasonably believes that such conduct is necessary to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

History.—s. 13, ch. 74-383; s. 1189, ch. 97-102; s. 3, ch. 2005-27; s. 5, ch. 2014-195.

F.S. 776.031 on Google Scholar

F.S. 776.031 on Casetext

Amendments to 776.031

Arrestable Offenses / Crimes under Fla. Stat. 776.031

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 776.031.

Annotations, Discussions, Cases:

Cases Citing Statute 776.031

Total Results: 20

Cassanova Gabriel v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-10-16

Snippet: statutory language, namely in sections 776.013 and 776.031, Florida Statutes (2022), appears to authorize

Nicol Maslo v. The State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-05-21

Snippet: permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune

Carver v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-05-10

Snippet: 2022); see also §§ 776.012(2), 776.013(1)(b), 776.031(2), 776.032, Fla. Stat. (2018). However, Appellant

CARLOS LORENZO GONZALEZ v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-04-19

Snippet: instruction is based on sections 776.012(2) and 776.031(2), Florida Statutes (2014). The Standard Instruction

Katina Paese v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-02-28

Snippet: subsection of the SYG law—776.031(2)—rather than the applicable subsection—776.031(1)—when it concluded that

JAMES T. NADELL v. APACHULA B. HURSEY

Court: District Court of Appeal of Florida | Date Filed: 2023-06-21

Snippet: as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune from

RICHARD BURNS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-05-24

Snippet: dogs, which are his personal property. 4 See § 776.031(1), Fla. Stat. (2020) (justifying the use or threatened

THE STATE OF FLORIDA v. EMILIO QUEVEDO

Court: District Court of Appeal of Florida | Date Filed: 2023-03-15

Snippet: permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune

THE STATE OF FLORIDA v. GARY CHARLES MOORE II

Court: District Court of Appeal of Florida | Date Filed: 2022-03-02

Snippet: permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune

Roy P. Boston v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2021-10-07

Snippet: as permitted in s. 776.012, s. 776.013, or s. 776.031.” Id. Relevant to this case, section 776.012 provides:

JEREMY BETHEA v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-06-02

Snippet: self-defense in either section 776.012, 776.013, or 776.031. If the trial court determines that the

STATE OF FLORIDA v. MICHAEL EDWARD CASSADAY

Court: District Court of Appeal of Florida | Date Filed: 2021-03-10

Snippet: self-defense in either section 776.012, 776.013, or 776.031. If the trial court determines that the defendant’s

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-01

Court: Supreme Court of Florida | Date Filed: 2019-12-19

Snippet: criminal activity. Notably, §§ 776.012(2) and 776.031(2), Fla. Stats., state: “A person who uses

MAX GARCIA v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-11-27

Snippet: as permitted in sections 776.012, 776.013, or 776.031. Section 776.012(1) authorizes the use of nondeadly

Amos Moorer v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-07-23

Snippet: added: Give if applicable. §§ 776.012(2), 776.031(2), Fla. Stat. Defendant not in a dwelling

Corry Mency v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-06-12

Snippet: permitted in s. 776.012, s. 776.013, or s.776.031 is justified in using such force and is immune

TREVOR DOOLEY v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-04-03

Citation: 268 So. 3d 880

Snippet: as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune from

WILLIE JEFFERSON v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-12-28

Citation: 264 So. 3d 1019

Snippet: [section] 776.012, [section] 776.013, or [section] 776.031 is justified in using such force and is immune

State of Florida v. Peter Peraza

Court: Supreme Court of Florida | Date Filed: 2018-12-13

Snippet: as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune

State of Florida v. Peter Peraza

Court: Supreme Court of Florida | Date Filed: 2018-12-13

Citation: 259 So. 3d 728

Snippet: as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune