Florida Statutes

Fla. Stat. § 784.041 (2025)

Felony battery; domestic battery by strangulation.

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784.041 Felony battery; domestic battery by strangulation.—

(1) A person commits felony battery if he or she:

(a) Actually and intentionally touches or strikes another person against the will of the other; and

(b) Causes great bodily harm, permanent disability, or permanent disfigurement.

(2)(a) A person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person. This paragraph does not apply to any act of medical diagnosis, treatment, or prescription which is authorized under the laws of this state.

(b) As used in this subsection, the term:

1. “Family or household member” has the same meaning as in s. 741.28.

2. “Dating relationship” means a continuing and significant relationship of a romantic or intimate nature.

(3) A person who commits felony battery or domestic battery by strangulation commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 1, ch. 97-183; s. 1, ch. 2007-133.

Arrestable Offenses under F.S. 784.041

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§784.041(1)BATTERYREVISED. SEE REC #6279F · 3rd

§784.041(1)BATTERYRENUMBERED. SEE REC # 8518F · 3rd

§784.041(1)BATTERYCOMMIT FELONY BATTERYF · 3rd

§784.041(3)BATTERYREVISED. SEE REC # 6894, REC #6895F · 3rd

§784.041(3)BATTERYRENUMBERED. SEE REC # 9048F · 3rd

§784.041(3)BATTERYRENUMBERED. SEE REC # 9049F · 3rd

§784.041(2a)BATTERYRENUMBERED. SEE REC # 8519F · 3rd

§784.041(2a)BATTERYRENUMBERED. SEE REC # 9349F · 3rd

§784.041(2a)BATTERYCOMMIT DOMESTIC BATTERY BY STRANGULATIONF · 3rd

Notes of Decisions

Cited in 101 cases (12 in the last 5 years), 2000–2026 · leading case: United States v. Eddy Wilmer Vail-Bailon, 868 F.3d 1293 (11th Cir. 2017).

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United States v. Eddy Wilmer Vail-Bailon, 868 F.3d 1293 (11th Cir. 2017). · cites it 19× “Fla. Stat. § 784.041 (1) (emphasis added).”

United States v. Eddy Wilmer Vail-Bailon, 838 F.3d 1091 (11th Cir. 2016). · cites it 19× “” Based on our review, we now hold that felony battery under Fla. Stat. § 784.041 does not qualify as a “crime of violence” under § 2L1.”

United States v. Shawn Dixon, 874 F.3d 678 (11th Cir. 2017). · cites it 6× “Fla. Stat. § 784.041 (2)(a). Phrased differently, § 784.”

State v. Obregon, 444 P.3d 331 (Kan. 2019). · cites it 3× “" Fla. Stat. § 784.041 (2007). In Kansas, "[b]attery is: (1) Knowingly or recklessly causing bodily harm to another person; or (2) knowingly causing physical contact with another person when done in a rude, insulting or angry manner.”

United States v. Terrance Tyrone Davis, 875 F.3d 592 (11th Cir. 2017). · cites it 2× “” Fla. Stat. § 784.041 (1). As the panel opinion acknowledges and I have more thoroughly explained in my Vail- Bailon dissent, Vail-Bailon, 868 F.”

Harris v. State, 111 So. 3d 922 (Fla. 1st DCA 2013). · cites it 5× “Count I, charging felony battery, alleged that Appellant did unlawfully commit battery upon LESLEY M LANG by actually and intentionally touching or striking said person against said person’s will, and caused great bodily harm, permanent disability, or permanent disfigurement to…”

Irma Ovalles v. United States, 905 F.3d 1231 (11th Cir. 2018). “S. Sentencing Comm'n, Report to the Congress , supra note 2, at 42 (finding a "[m]edian [t]ime to [r]ecidivism" of 14 months).”

In Re Stand. Jury Inst.-Crim. Cases, 765 So. 2d 692 (Fla. 2000). · cites it 4× “[2: A New Instruction for the Crime of Felony Battery] FELONY BATTERY § 784.041 Fla. Stat. To prove the crime of felony battery, the state must prove the following two elements beyond a reasonable doubt: 1.”

United States v. Clifford B. Gandy, Jr., 917 F.3d 1333 (11th Cir. 2019). · cites it 2× “In August 2017, we issued our opinion in Vail-Bailon that felony battery under Fla. Stat. § 784.041 categorically qualifies as a crime of violence under the Sentencing Guidelines.”

United States v. Robert William Green, 873 F.3d 846 (11th Cir. 2017). “Defendant appeals his sentence, arguing that his sentence should not have been so enhanced.”

Cleveland v. State, 887 So. 2d 362 (Fla. 5th DCA 2004). · cites it 2× “…and make no decision on its merits. MOTION FOR REHEARING DENIED. PETERSON, GRIFFIN and PALMER, JJ., concur. NOTES [1] § 784.041, Fla. Stat. (2002).”

United States v. Ernest Vereen, Jr., 920 F.3d 1300 (11th Cir. 2019). “041 , "which includes the additional element that the touch or strike in fact cause significant physical injury, necessarily requires the use of force capable of causing pain or injury and therefore does" qualify as an ACCA predicate). As a result, Vereen's prior conviction for…”

Show all 101 citing cases →

— 784.041(1) — 16 cases

Smith v. State, 76 So. 3d 379 (Fla. 1st DCA 2011).

Mobley v. State, 132 So. 3d 1160 (Fla. 3d DCA 2014).

Harris v. State, 111 So. 3d 922 (Fla. 1st DCA 2013). “Count I, charging felony battery, alleged that Appellant did unlawfully commit battery upon LESLEY M LANG by actually and intentionally touching or striking said person against said person’s will, and caused great bodily harm, permanent disability, or permanent disfigurement to…”

Lewis v. State, 817 So. 2d 933 (Fla. 4th DCA 2002).

T.S. v. State, 965 So. 2d 1288 (Fla. 2d DCA 2007).

— 784.041(1)(a) — 2 cases

Ezekiel Flowers v. United States (11th Cir. 2018).

The Florida Bar v. Anthony Wayne Blackburn, 244 So. 3d 168 (Fla. 2018).

— 784.041(1)(b) — 1 case

Jerry Richardson v. State of Florida (Fla. 1st DCA 2024).

— 784.041(2) — 3 cases

Chambers v. State, 975 So. 2d 444 (Fla. 2d DCA 2007).

A.M. v. State, 958 So. 2d 461 (Fla. 2d DCA 2007).

AM v. State, 958 So. 2d 461 (Fla. 2d DCA 2007).

— 784.041(2)(a) — 8 cases

In Re Stand. Jury Inst. in Crim. Cases-Report No. 2008-05, 994 So. 2d 1038 (Fla. 2008).

Biggs v. State, 24 So. 3d 797 (Fla. 2d DCA 2010).

Jahman Whitfield v. State, 202 So. 3d 456 (Fla. 1st DCA 2016).

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-14., 267 So. 3d 980 (Fla. 2019).

— 784.041(3) — 2 cases

Jahman Whitfield v. State, 202 So. 3d 456 (Fla. 1st DCA 2016).

Mack, Jr. v. Sec'y, Dep't of Corr. (Hillsborough Cnty.) (M.D. Fla. 2020).

— 784.041(a) — 1 case

Anthony v. Nieves v. State of Florida (Fla. 2d DCA 2019).

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