Florida Statute 871.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 871
DISTURBING RELIGIOUS AND OTHER ASSEMBLIES

View Entire Chapter

F.S. 871.01

871.01 Disturbing schools and religious and other assemblies.—

(1)(a) Whoever willfully and maliciously interrupts or disturbs any school or any assembly of people met for the worship of God, any assembly of people met for the purpose of acknowledging the death of an individual, or for any other lawful purpose commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) If a person commits a violation of paragraph (a) and in doing so makes a credible threat, as that term is defined in s. 784.048(1), he or she commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) If the penalty for a violation of this subsection is reclassified under s. 775.085, such a violation is considered a hate crime for purposes of the reporting requirements of s. 877.19.

(2) Whoever willfully interrupts or disturbs any assembly of people met for the purpose of acknowledging the death of an individual with a military funeral honors detail pursuant to 10 U.S.C. s. 1491 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—ss. 19, 21, 22, ch. 1637, 1868; RS 2627, 2629, 2630; GS 3547; s. 1, ch. 5719, 1907; RGS 5448; CGL 7591; s. 1130, ch. 71-136; s. 1, ch. 2006-264; s. 5, ch. 2023-24.

F.S. 871.01 on Google Scholar

F.S. 871.01 on Casetext

Amendments to 871.01

Arrestable Offenses / Crimes under Fla. Stat. 871.01

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

S871.01 - DISTURBING PEACE - SCHOOL RELIGIOUS OR LAWFUL ASSEMBLY - M: S

S871.01 2 - DISTURBING PEACE - INTERRUPT MILITARY FUNERAL HONORS DETAIL - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 871.01

Total Results: 9

In Re Standard Jury Inst. in Crim. Cases No. 2007-03

Court: Supreme Court of Florida | Date Filed: 2008-03-06

Citation: 976 So. 2d 1081, 2008 WL 596805

Snippet: on which these instructions are based, sections 871.01(1) and (2), Florida Statutes, criminalize conduct

C.C. v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-06-12

Citation: 818 So. 2d 671, 2002 Fla. App. LEXIS 8216, 2002 WL 1285157

Snippet: interrupting or disturbing a school, under section 871.01, Fla. Stat. (2001). The state did not establish

Amendments to Florida Rules of Criminal Procedure re Sentencing Guidelines

Court: Supreme Court of Florida | Date Filed: 1996-09-26

Citation: 685 So. 2d 1213, 21 Fla. L. Weekly Supp. 407, 1996 Fla. LEXIS 1631, 1996 WL 547189

Snippet: member of a criminal street gang pursuant to section 871.01, at the time of the commission of the primary offense

State v. Sweet

Court: District Court of Appeal of Florida | Date Filed: 1993-03-24

Citation: 616 So. 2d 114, 1993 WL 84939

Snippet: court held that the applicable statute, section 871.01, Florida Statutes (1991), is unconstitutionally

Weidner v. State

Court: Supreme Court of Florida | Date Filed: 1980-03-06

Citation: 380 So. 2d 1286, 1980 Fla. LEXIS 4153

Snippet: court passed upon the constitutionality of section 871.01, Florida Statutes (1977). Appellant was convicted

Cross v. State

Court: Supreme Court of Florida | Date Filed: 1979-07-27

Citation: 374 So. 2d 519

Snippet: a school by appellant, in violation of Section 871.01, Florida Statutes. 355 So.2d at 1179. Furthermore

S.H.B. v. State

Court: Supreme Court of Florida | Date Filed: 1977-11-30

Citation: 355 So. 2d 1176, 1977 Fla. LEXIS 4078

Snippet: adjudicated delinquent for violation of Section 871.-01, Florida Statutes, was sustained. Adjudication

SHB v. State

Court: Supreme Court of Florida | Date Filed: 1977-11-30

Citation: 355 So. 2d 1176

Snippet: adjudicated delinquent for violation of Section 871.01, Florida Statutes, was sustained. Adjudication

Carlson v. City of Tallahassee

Court: District Court of Appeal of Florida | Date Filed: 1970-11-12

Citation: 240 So. 2d 866, 1970 Fla. App. LEXIS 5687

Snippet: expressly made violative of a state statute, Section 871.01, Florida Statutes, F.S.A., which prohibits the