Florida Statute 784.85 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE

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F.S. 784.085

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.

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Amendments to 784.085

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 784.085

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

S784.085 - BATTERY - OVER 18 YOA CAUSE UND 18 CONTACT W BODY FLUIDS - F: T

Cases Citing Statute 784.085

Total Results: 17

Sammir A. Poveda v. U.S. Attorney General

692 F.3d 1168, 2012 WL 3655293, 2012 U.S. App. LEXIS 18159

Court of Appeals for the Eleventh Circuit | Filed: Aug 27, 2012 | Docket: 593315

Cited 41 times | Published

a child by bodily fluids, see Fla. Stat. Ann. § 784.085(1), and soon afterward, the Department of Homeland

United States v. Johnson

528 F.3d 1318, 2008 U.S. App. LEXIS 11520, 2008 WL 2221844

Court of Appeals for the Eleventh Circuit | Filed: May 30, 2008 | Docket: 1151924

Cited 41 times | Published

fluids to commit battery of a child, Fla. Stat. § 784.085, is a crime of violence within the meaning of

VKE v. State

934 So. 2d 1276, 2006 WL 1838948

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

Cited 29 times | Published

(2005) (stalking), or the concept of rape, see § 784.085, Fla. Stat. (2005) (battery of a child by throwing

United States v. Young

527 F.3d 1274, 2008 WL 2080963

Court of Appeals for the Eleventh Circuit | Filed: May 19, 2008 | Docket: 315193

Cited 18 times | Published

Young pled guilty to violating Florida Statute § 784.085, "Battery of a Child by Throwing, Tossing, Projecting

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

excepted children from being prosecuted under section 784.085, which states that “any person, except a child

Jimmy Pierre v. U.S. Attorney General

879 F.3d 1241

Court of Appeals for the Eleventh Circuit | Filed: Jan 18, 2018 | Docket: 6262070

Cited 3 times | Published

urine, or feces, in violation of Florida Statute § 784.085. After review and with the benefit of oral

Rafael Jacob Stoffel v. State of Florida

247 So. 3d 89

District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6712584

Cited 1 times | Published

other factors not alleged or proven here. See § 784.085, Fla. Stat.; § 827.03(1)(a)&(b), Fla. Stat

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

(2005) (stalking), or the concept of rape, see § 784.085, Fla. Stat. (2005) (battery of a child by throwing