Florida Statute 776.051 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 776
JUSTIFIABLE USE OF FORCE

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F.S. 776.051

776.051 Use or threatened use of force in resisting arrest or making an arrest or in the execution of a legal duty; prohibition.—

(1) A person is not justified in the use or threatened use of force to resist an arrest by a law enforcement officer, or to resist a law enforcement officer who is engaged in the execution of a legal duty, if the law enforcement officer was acting in good faith and he or she is known, or reasonably appears, to be a law enforcement officer.

(2) A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, is not justified in the use of force if the arrest or execution of a legal duty is unlawful and known by him or her to be unlawful.

History.—s. 13, ch. 74-383; s. 1192, ch. 97-102; s. 1, ch. 2008-67; s. 8, ch. 2014-195.

F.S. 776.051 on Google Scholar

F.S. 776.051 on Casetext

Amendments to 776.051

Arrestable Offenses / Crimes under Fla. Stat. 776.051

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 776.051.

Annotations, Discussions, Cases:

Cases Citing Statute 776.051

Total Results: 20

Michael L. Waite v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-08-16

Snippet: with violence. We reject this assertion. Section 776.051(1), Florida Statutes, “prohibits the use of force

MICHAEL L. WAITE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-04-12

Snippet: violence. We adamantly reject this assertion. Section 776.051(1), Florida Statutes, “prohibits the use of force

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

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

Snippet: Force in resisting a law enforcement officer. § 776.051(1), Fla. Stat. A person is not justified

In Re: Standard Jury Instructions in Criminal Cases - Report 2017-07 – Corrected Opinion

Court: Supreme Court of Florida | Date Filed: 2018-12-06

Snippet: Force in resisting a law enforcement officer. § 776.051(1), Fla. Stat. A person is not justified

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-07.

Court: Supreme Court of Florida | Date Filed: 2018-11-21

Citation: 257 So. 3d 908

Snippet: Force in resisting a law enforcement officer. § 776.051(1), Fla. Stat. A person is not justified

W.T. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-10-03

Citation: 255 So. 3d 509

Snippet: escape. W.T.'s convictions are affirmed. See §§ 776.051, 784.07, 843.01, Fla. Stat.; Sosnowski v. State

W.T. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-10-03

Snippet: escape. W.T.’s convictions are affirmed. See §§ 776.051, 784.07, 843.01, Fla. Stat.; Sosnowski v. State

T.M. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-06-06

Citation: 245 So. 3d 1009

Snippet: PER CURIAM. *1010Affirmed. See § 776.051(1), Fla. Stat. (2017) (providing that a person "is not justified

State v. Anderson

Court: District Court of Appeal of Florida | Date Filed: 2017-03-31

Citation: 215 So. 3d 181, 2017 Fla. App. LEXIS 4427

Snippet: he was fleeing law enforcement officers. See § 776.051(1), Fla. Stat. (2011); Rowley v. State, 939 So

State v. Isaac L. Anderson, Jr.

Court: District Court of Appeal of Florida | Date Filed: 2017-03-27

Citation: 215 So. 3d 181

Snippet: he was fleeing law enforcement officers. See § 776.051(1), Fla. Stat. (2011); Rowley v. State, 939 So

In Re Standard Jury Instructions in Criminal Cases—report No. 2014-06

Court: Supreme Court of Florida | Date Filed: 2016-05-05

Citation: 191 So. 3d 411, 2016 WL 2586287

Snippet: Force in resisting a laiv enforcement officer. § 776.051(1), Fla. Stat. A person is ,not justified

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-07

Court: Supreme Court of Florida | Date Filed: 2014-07-10

Citation: 143 So. 3d 893, 2014 WL 3361905

Snippet: provides: “A special instruction incorporating § 776.051(1), Fla. Stat. should be given when the defense

Tilus v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-09-18

Citation: 121 So. 3d 1145, 2013 WL 5222601, 2013 Fla. App. LEXIS 14814

Snippet: charged with resisting arrest, pursuant to section 776.051, Florida Statutes (2010). But the defendant was

King v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-08-14

Citation: 120 So. 3d 108, 2013 WL 4080952, 2013 Fla. App. LEXIS 12652

Snippet: State, 109 So.3d 680 (Fla.2012). *109Section 776.051(1), Florida Statutes (2008), prohibits the use

State v. A.R.R.

Court: District Court of Appeal of Florida | Date Filed: 2013-02-08

Citation: 113 So. 3d 942, 2013 WL 461539, 2013 Fla. App. LEXIS 1939

Snippet: 2006), superseded by statute on other grounds, § 776.051(1), Fla. Stat. (2008); Eastes v. State, 960 So

J.M. v. Gargett

Court: Supreme Court of Florida | Date Filed: 2012-10-04

Citation: 101 So. 3d 352, 37 Fla. L. Weekly Supp. 611, 2012 WL 4666695, 2012 Fla. LEXIS 1925

Snippet: 2005)), superseded by statute on other grounds, § 776.051(1), Fla. Stat. (2008). “In construing statutes

Bethel v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-07-05

Citation: 93 So. 3d 410, 2012 WL 2579544, 2012 Fla. App. LEXIS 10802

Snippet: 2006), superseded by statute on other grounds, § 776.051(1), Fla. Stat. (2008). However, “[officers are

A.W. v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-03-07

Citation: 82 So. 3d 1136, 2012 WL 716131, 2012 Fla. App. LEXIS 3721

Snippet: reasonably appears, to be a law enforcement officer. § 776.051(1), Fla. Stat. (2009). Compare Gonzalez v. State

AW v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-03-07

Citation: 82 So. 3d 1136, 2012 WL 716131

Snippet: reasonably appears, to be a law enforcement officer. § 776.051(1), Fla. Stat. (2009). Compare Gonzalez v. State

Brown v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-05-28

Citation: 36 So. 3d 826, 2010 Fla. App. LEXIS 7673, 2010 WL 2131908

Snippet: "Lawfulness" is an element of proof, except when section 776.051(1) applies. The jury must decide disputed, material