Florida Statute 784.82 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE

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F.S. 784.082

784.082 Assault or battery by a person who is being detained in a prison, jail, or other detention facility upon visitor or other detainee; reclassification of offenses.—Whenever a person who is being detained in a prison, jail, or other detention facility is charged with committing an assault or aggravated assault or a battery or aggravated battery upon any visitor to the detention facility or upon any other detainee in the detention facility, the offense for which the person is charged shall be reclassified as follows:

(1) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.

(2) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree.

(3) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.

(4) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.

History.—s. 4, ch. 96-293.

F.S. 784.082 on Google Scholar

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Amendments to 784.082

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 784.082

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

S784.082 1 - AGGRAV BATTERY - BY PERSON DETAINED IN PRISON OR JAIL FACILITY - F: F

S784.082 2 - ASSAULT - AGG ASSLT BY PERSON DETAIN IN PRISON/JAIL FAC - F: S

S784.082 3 - BATTERY - BY PERSON DETAINED IN PRISON OR JAIL FACILITY - F: T

S784.082 4 - SIMPLE ASSLT - BY PERSON DETAINED IN PRISON OR JAIL FACILITY - M: F

Cases Citing Statute 784.082

Total Results: 20

Hughes v. State

901 So. 2d 837, 2005 WL 977019

Supreme Court of Florida | Filed: Apr 28, 2005 | Docket: 1216663

Cited 42 times | Published

months' imprisonment. 826 So.2d at 1071-72; see § 784.082, Fla. Stat. (1997) (providing that the offense

VKE v. State

934 So. 2d 1276, 2006 WL 1838948

Supreme Court of Florida | Filed: Jul 6, 2006 | Docket: 2185398

Cited 29 times | Published

inconsistent with the concept of domestic violence, see § 784.082, Fla. Stat. (2005) (assault or battery by person

Hopkins v. State

105 So. 3d 470, 37 Fla. L. Weekly Supp. 551, 2012 WL 4009511, 2012 Fla. LEXIS 1799

Supreme Court of Florida | Filed: Sep 13, 2012 | Docket: 60227855

Cited 6 times | Published

the battery by detainee charge pursuant to section 784.082, Florida Statutes (2007), applies to juvenile

Dasher v. Attorney General, Florida

574 F.3d 1310, 2009 U.S. App. LEXIS 15632, 2009 WL 2003323

Court of Appeals for the Eleventh Circuit | Filed: Jul 13, 2009 | Docket: 188688

Cited 6 times | Published

facility, a felony under Florida law, Fla. Stat. § 784.082 (2008). The latter plea was pursuant to a promise

Fenelon v. State

932 So. 2d 431, 2006 WL 1154931

District Court of Appeal of Florida | Filed: May 3, 2006 | Docket: 2569415

Cited 4 times | Published

statutory maximum for a third-degree felony. See § 784.082(3), Fla. Stat. (1999); Johnson v. State, 665 So

United States v. Clifford B. Gandy, Jr.

917 F.3d 1333

Court of Appeals for the Eleventh Circuit | Filed: Mar 6, 2019 | Docket: 14627611

Cited 3 times | Published

classified as felony under another statute. Fla. Stat. § 784.082(3). Because section 784.03 does not define a crime

& SC13-2330 Michael A. Hernandez, Jr. v. State of Florida and Michael A. Hernandez, Jr. v. Julie L. Jones, etc.

180 So. 3d 978, 2015 WL 5445655

Supreme Court of Florida | Filed: Sep 17, 2015 | Docket: 2816844

Cited 1 times | Published

was dropped on the floor. 9 . Section 784.082(3), Florida Statutes (2007), provides in pertinent

In re Standard Jury Instructions in Criminal Cases—Report No. 2011-03

95 So. 3d 868, 37 Fla. L. Weekly Supp. 352, 2012 WL 2848895, 2012 Fla. LEXIS 961

Supreme Court of Florida | Filed: May 17, 2012 | Docket: 60311327

Cited 1 times | Published

instruction for the offense defined under section 784.082, Florida Statutes (2011) — “Assault or battery

Green v. State

84 So. 3d 356, 2012 WL 603559, 2012 Fla. App. LEXIS 2940

District Court of Appeal of Florida | Filed: Feb 27, 2012 | Docket: 60306697

Cited 1 times | Published

detainee in a detention facility, pursuant to section 784.082, Florida Statutes. He asserts that the dual

Page v. State

74 So. 3d 1131, 2011 Fla. App. LEXIS 18410, 2011 WL 5598334

District Court of Appeal of Florida | Filed: Nov 18, 2011 | Docket: 2547917

Cited 1 times | Published

third-degree felony is five years imprisonment. See § 784.082(3)(d), Fla. Stat. (2010). The sentence imposed

Gatlin v. State

940 So. 2d 1274, 2006 WL 3206668

District Court of Appeal of Florida | Filed: Nov 8, 2006 | Docket: 1523998

Cited 1 times | Published

for "aggravated battery by a jail detainee," § 784.082, Fla. Stat. (2001), and the resulting sentence

V.K.E. v. State

934 So. 2d 1276, 31 Fla. L. Weekly Supp. 505, 2006 Fla. LEXIS 1475

Supreme Court of Florida | Filed: Jul 6, 2006 | Docket: 64845913

Cited 1 times | Published

inconsistent with the concept of domestic violence, see § 784.082, Fla. Stat. (2005) (assault or battery by person

Jerry Richardson v. State of Florida

District Court of Appeal of Florida | Filed: Jun 19, 2024 | Docket: 68867369

Published

charged with one count of detainee battery under section 784.082(3), Florida Statutes, and one count of felony

Taylor v. State

District Court of Appeal of Florida | Filed: Dec 6, 2017 | Docket: 6236456

Published

definitions from chapter 985 when interpreting section 784.082, Florida Statutes (2007), to determine whether

Lewis v. State

211 So. 3d 279, 2017 WL 486987, 2017 Fla. App. LEXIS 1442

District Court of Appeal of Florida | Filed: Feb 7, 2017 | Docket: 60262569

Published

visitor or other detainee in violation of section 784.082, Florida Statutes.3 Therefore it was per se

State of Florida v. Harry James Chubbuck

141 So. 3d 1163, 39 Fla. L. Weekly Supp. 437, 2014 WL 2765926, 2014 Fla. LEXIS 1982

Supreme Court of Florida | Filed: Jun 19, 2014 | Docket: 58842

Published

juvenile detention centers from the scope of section 784.082, it would have said so.”); Am. Bankers Life

In re Standard Jury Instructions in Criminal Cases—Report No. 2013-01

126 So. 3d 248, 38 Fla. L. Weekly Supp. 827, 2013 WL 6013214, 2013 Fla. LEXIS 2471

Supreme Court of Florida | Filed: Nov 14, 2013 | Docket: 60236347

Published

upon another detainee or a visitor, under section 784.082, Florida Statutes (2012), does not currently

Williams v. State

902 So. 2d 270, 2005 Fla. App. LEXIS 7425, 2005 WL 1172016

District Court of Appeal of Florida | Filed: May 19, 2005 | Docket: 64838408

Published

battery on a detainee, a third degree felony. See § 784.082(3), Fla. Stat. (2002); § 775.084(4)(a)3, Fla.

J.A.D. ex rel. J.G.D. v. State

855 So. 2d 1199, 2003 WL 22316764

District Court of Appeal of Florida | Filed: Oct 10, 2003 | Docket: 64825710

Published

battery by a detained person in violation of section 784.082, Florida Statutes. The trial court determined

T.C. v. State

852 So. 2d 276, 2003 Fla. App. LEXIS 9457, 2003 WL 21467088

District Court of Appeal of Florida | Filed: Jun 26, 2003 | Docket: 64824351

Published

misdemeanor to a third degree felony because section 784.082(3), Florida Statutes (2002), does not apply