784.074
Assault or battery on sexually violent predators detention or commitment facility staff; reclassification of offenses.
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784.074 Assault or battery on sexually violent predators detention or commitment facility staff; reclassification of offenses.—
(1) Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon a staff member of a sexually violent predators detention or commitment facility as defined in part V of chapter 394, while the staff member is engaged in the lawful performance of his or her duties and when the person committing the offense knows or has reason to know the identity or employment of the victim, the offense for which the person is charged shall be reclassified as follows:
(a) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.
(b) In the case of an aggravated assault, from a felony of the third degree to a felony of the second degree.
(c) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.
(d) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.
(2) For purposes of this section, a staff member of the facilities listed includes persons employed by the Department of Children and Families, persons employed at facilities licensed by the Department of Children and Families, and persons employed at facilities operated under a contract with the Department of Children and Families.
History.—s. 1, ch. 2001-244; s. 116, ch. 2002-1; s. 298, ch. 2014-19.
Notes of Decisions
Cited in 5
cases, 2007–2019 · leading case: Standard Jury Inst. in Cr. Cases No. 2006-2
Standard Jury Inst. in Cr. Cases No. 2006-2 (2007)
“1 --------------------------------------------------------- Comment Several statutes have been added in recent years providing for reclassification of assaults and batteries on designated classes: §§ 784.074, 784.075, 784.076, 784.078, 784.”
Finfrock v. State (2012)
“Finfrock appeals following his conviction for battery of a staff member at a sexually violent predator detention facility, in violation of section 784.074, Florida Statutes (2009).”
WILLIAM ALLEN KING v. STATE OF FLORIDA (2019)
“See § 784.074, Fla. Stat. (2014). On appeal from the judgment, King challenges his conviction on the grounds that (1) after ordering competency evaluations, the trial court never conducted a competency hearing or determined him competent to proceed and (2) the trial court failed…”
Ramroop v. State (2015)
“” § 784.074(1), Fla. Stat. (2013) (emphasis added).”
United States v. Smith (2010)
“07 (2)(b), as is a simple battery committed upon a known staff member of a sexually violent predator detention or commitment facility, Fla. Stat. § 784.074 (l)(e), and as is a simple battery committed on a person sixty-five years of age or older, Fla.”
— 784.074(1) — 1 case
Ramroop v. State (2015)
“” § 784.074(1), Fla. Stat. (2013) (emphasis added).”
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