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Florida Statute 871.01 | Lawyer Caselaw & Research
F.S. 871.01 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 871.01

The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

LOZMAN, v. CITY OF RIVIERA BEACH, FLORIDA., 138 S. Ct. 1945 (U.S. 2018)

. . . . § 871.01 (2017). . . .

LOZMAN, v. CITY OF RIVIERA BEACH, a, 681 F. App'x 746 (11th Cir. 2017)

. . . . § 871.01 was against the great weight of the evidence. . . . Stat. § 871.01(1). . . . Officer Aguirre did have probable cause to. arrest Lozman for disturbing a lawful assembly under § 871.01 . . . To obtain a conviction under § 871.01(1), the State must prove three elements: (1) the defendant “must . . . say the jury’s finding that Officer Aguirre had probable cause to arrest Lozman for a violation of § 871.01 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 976 So. 2d 1081 (Fla. 2008)

. . . The statutory provisions on which these instructions are based, sections 871.01(1) and (2), Florida Statutes . . . have deliberately acted to create a disturbance in order to commit a criminal offense under section 871.01 . . . This instruction was adopted in 2008. 29.16 DISTURBING A MILITARY FUNERAL 871.01(2), Fla. Stat. . . . Lesser Included Offenses Disturbing a Military Funeral — 871.01(2) CATEGORY ONE CATEGORY TWO FLA. . . . Disturbing a school, religious None 871.01(1) 29.15 or lawful assembly Comment See Title 10 U.S.C. § . . .

C. C. a v. STATE, 818 So. 2d 671 (Fla. Dist. Ct. App. 2002)

. . . adjudication finding the juvenile guilty of willfully interrupting or disturbing a school, under section 871.01 . . .

DENNO, v. SCHOOL BOARD OF VOLUSIA COUNTY,, 959 F. Supp. 1481 (M.D. Fla. 1997)

. . . . § 871.01. . . . Stat. § 871.01. . . . Stat. § 871.01, support the finding that the claims are not part of the same case or controversy. . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE SENTENCING GUIDELINES, 685 So. 2d 1213 (Fla. 1996)

. . . multiplied by 1.5. (⅝) If the offender is found to be a member of a criminal street gang pursuant to section 871.01 . . .

STATE v. SWEET, 616 So. 2d 114 (Fla. Dist. Ct. App. 1993)

. . . In so doing the county court held that the applicable statute, section 871.01, Florida Statutes (1991 . . . decisions made by the city which are at most only marginally relevant to the question whether section 871.01 . . .

BUKSCH SAMA v. BROHAMER,, 39 Fla. Supp. 2d 115 (Fla. Cir. Ct. 1990)

. . . Chapter 871.01 of the Florida Statutes prohibits the interruption or disruption of any assembly of people . . .

S. WEIDNER, v. STATE, 380 So. 2d 1286 (Fla. 1980)

. . . of the County Court, Putnam County, in which that court passed upon the constitutionality of section 871.01 . . . Section 871.01, Florida Statutes (1977), provides: Whoever willfully interrupts or disturbs any school . . . The appellant also contends that section 871.01 is unconstitutional as applied to him in that it is being . . . State, this Court set out the elements of the offense proscribed by section 871.01. . . . To commit an offense under Section 871.01 a person must have deliberately acted to create a disturbance . . .

CROSS, v. STATE, 374 So. 2d 519 (Fla. 1979)

. . . were performed, constitutes a willful disturbance of a school by appellant, in violation of Section 871.01 . . . State, 355 So.2d 1176 (Fla.1978), upholding section 871.01, Florida Statutes (1975), the language of . . .

S. H. B. a v. STATE, 355 So. 2d 1176 (Fla. 1977)

. . . Section 871.01, Florida Statutes, states: “Whoever wilfully interrupts or disturbs any school or any . . . for a new trial the Circuit Court initially and directly ruled on the constitutionality of Section 871.01 . . . abuse by authorities, is subject to certain restraints in application which do not apply to Section 871.01 . . . To commit an offense under Section 871.01 a person must have deliberately acted to create a disturbance . . . It should be noted that purported offenses under Section 871.01 are to be judged by the circumstances . . . As to the statute, Section 871.01, Florida Statutes (1975), makes a criminal of anyone who “willfully . . .

CARLSON, Jr. v. CITY OF TALLAHASSEE,, 240 So. 2d 866 (Fla. Dist. Ct. App. 1970)

. . . Such conduct is also expressly made violative of a state statute, Section 871.01, Florida Statutes, F.S.A . . .