784.041
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.
History.—s. 1, ch. 97-183; s. 1, ch. 2007-133.
Notes of Decisions
Cited in 101
cases (12 in the last 5 years), 2000–2026 · leading case: United States v. Eddy Wilmer Vail-Bailon
United States v. Eddy Wilmer Vail-Bailon (2017)
“Fla. Stat. § 784.041 (1) (emphasis added).”
United States v. Eddy Wilmer Vail-Bailon (2016)
“” 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 (2017)
“Fla. Stat. § 784.041 (2)(a). Phrased differently, § 784.”
State v. Obregon (2019)
“" 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 (2017)
“” 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 (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…”
Irma Ovalles v. United States (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 Standard Jury Inst.-Criminal Cases (2000)
“[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. (2019)
“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 (2017)
“Defendant appeals his sentence, arguing that his sentence should not have been so enhanced.”
Cleveland v. State (2004)
“…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. (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…”
— 784.041(1) — 16 cases
Smith v. State (2011)
Mobley v. State (2014)
Harris v. State (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 (2002)
T.S. v. State (2007)
— 784.041(1)(a) — 2 cases
— 784.041(1)(b) — 1 case
— 784.041(2) — 3 cases
Chambers v. State (2007)
A.M. v. State (2007)
AM v. State (2007)
— 784.041(2)(a) — 8 cases
Harris v. State (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…”
Biggs v. State (2010)
Jahman Whitfield v. State (2016)
— 784.041(3) — 2 cases
Jahman Whitfield v. State (2016)
— 784.041(a) — 1 case
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