Florida Statutes

Fla. Stat. § 859.01 (2025)

Poisoning food or water.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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859.01 Poisoning food or water.—Whoever introduces, adds, or mingles any poison, bacterium, radioactive material, virus, or chemical compound with food, drink, medicine, or any product designed to be ingested, consumed, or applied to the body with intent to kill or injure another person, or willfully poisons or introduces, adds, or mingles any bacterium, radioactive material, virus, or chemical compound into any spring, well, or reservoir of water with such intent, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 4, ch. 1637, 1868; RS 2658; GS 3587; RGS 5515; CGL 7675; s. 1078, ch. 71-136; s. 1, ch. 2001-358.

Arrestable Offenses under F.S. 859.01

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

§859.01FOOD-HEALTH OR SAFETYPOISON FOOD WATER OR MEDICINE WIT KILL OR INJF · 1st

Notes of Decisions

Cited in 5 cases, 2004–2012 · leading case: Foster v. State, 937 So. 2d 742 (Fla. 4th DCA 2006).

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Foster v. State, 937 So. 2d 742 (Fla. 4th DCA 2006). · cites it 5× “§ 859.01, Fla. Stat. (2000). “The standard for testing vagueness under Florida law is whether the statute gives a person of ordinary intelligence fair notice of what constitutes forbidden conduct.”

B.M.B. v. State, 927 So. 2d 219 (Fla. 2d DCA 2006). · cites it 2× “appeals her adjudication for poisoning food or water with intent to kill or injure, a violation of section 859.01, Florida Statutes (2004). We conclude that the trial court erred in concluding that B.”

BMB v. State, 927 So. 2d 219 (Fla. 2d DCA 2006). · cites it 2× “appeals her adjudication for poisoning food or water with intent to kill or injure, a violation of section 859.01, Florida Statutes (2004). We conclude that the trial court erred in concluding that B.”

Foster v. State, 875 So. 2d 1253 (Fla. 4th DCA 2004). · cites it 5× “Once an attempt to poison is proven, under section 859.01, Florida Statutes, the elements of the crime of poisoning are also established.”

State v. Stewart, 98 So. 3d 655 (Fla. 2d DCA 2012). · cites it 2× “After a jury trial, Stewart was convicted of poisoning food and water in violation of section 859.01, Florida Statutes (2004), and battery in violation of section 784.”

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