Florida Statutes

Fla. Stat. § 784.085 (2025)

Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.

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784.085 Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.—

(1) It is unlawful for any person, except a child as defined in this section, to knowingly cause or attempt to cause a child to come into contact with blood, seminal fluid, or urine or feces by throwing, tossing, projecting, or expelling such fluid or material.

(2) Any person, except a child as defined in this section, who violates this section commits battery of a child, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) As used in this section, the term “child” means a person under 18 years of age.

History.—s. 85, ch. 2000-139.

Arrestable Offenses under F.S. 784.085

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

§784.085BATTERYOVER 18 YOA CAUSE UND 18 CONTACT W BODY FLUIDSF · 3rd

Notes of Decisions

Cited in 19 cases (8 in the last 5 years), 2006–2026 · leading case: Jimmy Pierre v. U.S. Attorney Gen., 879 F.3d 1241 (11th Cir. 2018).

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Jimmy Pierre v. U.S. Attorney Gen., 879 F.3d 1241 (11th Cir. 2018). · cites it 11× “The primary dispute in this case is whether Pierre’s conviction under Fla. Stat. § 784.085 falls within the definitions of “crime of child abuse” and “crime involving moral turpitude.”

Sammir A. Poveda v. U.S. Attorney Gen., 692 F.3d 1168 (11th Cir. 2012). · cites it 2× “In 2007, a Florida court convicted Poveda of the offense of battery on a child by bodily fluids, see Fla. Stat. Ann. § 784.085 (1), and soon afterward, the Department of Homeland Security commenced removal proceedings against him, see 8 U.”

United States v. Young, 527 F.3d 1274 (11th Cir. 2008). · cites it 3× “Fla. Stat. § 784.085 1 ; Fla. Stat. § 775.”

United States v. Johnson, 528 F.3d 1318 (11th Cir. 2008). “That case involved the issue of whether the Florida crime of using fluids to commit battery of a child, Fla. Stat. § 784.085 , is a crime of violence within the meaning of U.”

Hopkins v. State, 105 So. 3d 470 (Fla. 2012). · cites it 2× “In addition, the Legislature excepted children from being prosecuted under section 784.085, which states that “any person, except a child .”

Ariel Marcelo Bastias v. U.S. Attorney Gen., 42 F.4th 1266 (11th Cir. 2022). “In Pierre, we considered whether a conviction for child battery under Fla. Stat. § 784.085 was a “crime of child abuse” under the same provision of the INA at issue here, 8 U.”

V.K.E. v. State, 934 So. 2d 1276 (Fla. 2006). · cites it 2× “(2005) (stalking), or the concept of rape, see § 784.085, Fla. Stat. (2005) (battery of a child by throwing, tossing, projecting, or expelling certain fluids or materials).”

Rafael Jacob Stoffel v. State of Florida, 247 So. 3d 89 (Fla. 1st DCA 2018). · cites it 2× “See § 784.085, Fla. Stat.; § 827.03(1)(a)&(b), Fla.”

United States v. Harris, 608 F.3d 1222 (11th Cir. 2008). · cites it 2× “In Young , we held that a violation of Fla. Stat. § 784.085 , “Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials,” qualified as a crime of violence under U.”

Brittany Budlove v. William Johnson (Fla. 2d DCA 2023). · cites it 6× “Section 784.085(1), Florida Statutes (2021), "create[s] a cause of action for an injunction for protection against stalking" and states that "[f]or the purposes of injunctions for protection against stalking under this section, the offense of stalking shall include the offense…”

Brittany Budlove v. Tanya Lewis (Fla. 2d DCA 2023). · cites it 6× “Section 784.085(1), Florida Statutes (2021), "create[s] a cause of action for an injunction for protection against stalking" and states that "[f]or the purposes of injunctions for protection against stalking under this section, the offense of stalking shall include the offense…”

Brittany Budlove v. Susanne Campbell (Fla. 2d DCA 2023). · cites it 6× “Section 784.085(1), Florida Statutes (2021), "create[s] a cause of action for an injunction for protection against stalking" and states that "[f]or the purposes of injunctions for protection against stalking under this section, the offense of stalking shall include the offense…”

Show all 19 citing cases →

— 784.085(1) — 6 cases

Hopkins v. State, 105 So. 3d 470 (Fla. 2012). “In addition, the Legislature excepted children from being prosecuted under section 784.085, which states that “any person, except a child .”

Brittany Budlove v. William Johnson (Fla. 2d DCA 2023). “Section 784.085(1), Florida Statutes (2021), "create[s] a cause of action for an injunction for protection against stalking" and states that "[f]or the purposes of injunctions for protection against stalking under this section, the offense of stalking shall include the offense…”

Brittany Budlove v. Tanya Lewis (Fla. 2d DCA 2023). “Section 784.085(1), Florida Statutes (2021), "create[s] a cause of action for an injunction for protection against stalking" and states that "[f]or the purposes of injunctions for protection against stalking under this section, the offense of stalking shall include the offense…”

Brittany Budlove v. Susanne Campbell (Fla. 2d DCA 2023). “Section 784.085(1), Florida Statutes (2021), "create[s] a cause of action for an injunction for protection against stalking" and states that "[f]or the purposes of injunctions for protection against stalking under this section, the offense of stalking shall include the offense…”

Brittany Budlove v. Rafaela Mccoy (Fla. 2d DCA 2023).

— 784.085(2) — 1 case

Felts v. State, 941 So. 2d 472 (Fla. 3d DCA 2006).

— 784.085(3)(a) — 5 cases

Brittany Budlove v. Rafaela Mccoy (Fla. 2d DCA 2023).

Brittany Budlove v. Jonetta Johnson (Fla. 2d DCA 2023).

— 784.085(6)(a) — 5 cases

Brittany Budlove v. Rafaela Mccoy (Fla. 2d DCA 2023).

Brittany Budlove v. Jonetta Johnson (Fla. 2d DCA 2023).

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