Florida Statute 871.1 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 871
DISTURBING RELIGIOUS AND OTHER ASSEMBLIES

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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.

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Amendments to 871.01

Annotations, Discussions, Cases:

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

Cases Citing Statute 871.01

Total Results: 11

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

976 So. 2d 1081, 2008 WL 596805

Supreme Court of Florida | Filed: Mar 6, 2008 | Docket: 1679907

Cited 57 times | Published

in order to commit a criminal offense under section 871.01(1). See id. While the element of "willfully"

SHB v. State

355 So. 2d 1176

Supreme Court of Florida | Filed: Nov 30, 1977 | Docket: 1360580

Cited 11 times | Published

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

Denno Ex Rel. Denno v. School Board of Volusia County

959 F. Supp. 1481, 1997 U.S. Dist. LEXIS 10872, 1997 WL 120053

District Court, M.D. Florida | Filed: Feb 3, 1997 | Docket: 2268414

Cited 10 times | Published

disturbed a school function in violation of Fla. Stat. § 871.01. Plaintiff filed the instant suit in this Court

Cross v. State

374 So. 2d 519

Supreme Court of Florida | Filed: Jul 27, 1979 | Docket: 2510958

Cited 2 times | Published

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

Weidner v. State

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

Supreme Court of Florida | Filed: Mar 6, 1980 | Docket: 64574952

Cited 1 times | Published

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

S.H.B. v. State

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

Supreme Court of Florida | Filed: Nov 30, 1977 | Docket: 64563247

Cited 1 times | Published

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

Carlson v. City of Tallahassee

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

District Court of Appeal of Florida | Filed: Nov 12, 1970 | Docket: 64517420

Cited 1 times | Published

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

Jones v. State of Florida

District Court of Appeal of Florida | Filed: Jul 18, 2025 | Docket: 70834411

Published

examine whether Mr. Jones's actions violated section 871.01(1)(a), Florida Statutes (2023), which makes

C.C. v. State

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

District Court of Appeal of Florida | Filed: Jun 12, 2002 | Docket: 64815736

Published

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

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

Supreme Court of Florida | Filed: Sep 26, 1996 | Docket: 64770228

Published

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

State v. Sweet

616 So. 2d 114, 1993 WL 84939

District Court of Appeal of Florida | Filed: Mar 24, 1993 | Docket: 1726572

Published

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