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Florida Statute 872.06 | Lawyer Caselaw & Research
F.S. 872.06 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 872.06

The 2023 Florida Statutes (including Special Session C)
Title XLVI
CRIMES
Chapter 872
OFFENSES CONCERNING DEAD BODIES AND GRAVES
View Entire Chapter
F.S. 872.06
872.06 Abuse of a dead human body; penalty.—
(1) As used in this section, the term:
(a) “Female genitals” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
(b) “Sexual abuse” means:
1. Anal or female genital penetration of a dead human body by the sexual organ of a person or by any other object;
2. Contact or union of the penis, female genitals, or anus of a person with the mouth, penis, female genitals, or anus of a dead human body; or
3. Contact or union of a person’s mouth with the penis, female genitals, or anus of a dead human body.
(2) A person who mutilates, commits sexual abuse upon, or otherwise grossly abuses a dead human body commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any act done for a bona fide medical purpose or for any other lawful purpose does not under any circumstance constitute a violation of this section.
History.—s. 1, ch. 96-393; s. 11, ch. 2022-165.

F.S. 872.06 on Google Scholar

F.S. 872.06 on Casetext

Amendments to 872.06


Arrestable Offenses / Crimes under Fla. Stat. 872.06
Level: Degree
Misdemeanor/Felony: First/Second/Third

S872.06 - CRIMES AGAINST PERSON - RENUMBERED. SEE REC # 9774 - F: S
S872.06 2 - CRIMES AGAINST PERSON - ABUSE DEAD HUMAN BODY - F: S

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. State v. Hardley

    344 So. 3d 638 (Fla. Dist. Ct. App. 2022)
    (d) If the conviction is for the offense described in s. 872.06, the sentence points provided under s. 921.0024 for sexual contact or sexual penetration may not be assessed.
    PAGE 641

  2. In re Standard Jury Instructions in Criminal Cases

    272 So. 3d 1210 (Fla. 2019)   Cited 2 times
    Pursuant to § 921.0022(7), Fla. Stat., sexual contact or sexual penetration points cannot be scored for violations of § 944.35(3)(b)2., Fla. Stat., or § 872.06, Fla. Stat.
    PAGE 1222

  3. Lewis v. State

    898 So. 2d 1081 (Fla. Dist. Ct. App. 2005)   Cited 1 times
    Section 921.0021(7) also exempts the assessment of victim injury points for violations of section 872.06, Florida Statutes. § 921.0021(7)(d), Fla. Stat.

  4. Seagrave v. State

    802 So. 2d 281 (Fla. 2001)   Cited 70 times
    (d) If the conviction is for the offense described in s. 872.06, the sentence points provided under s. 921.0014 for sexual contact or sexual penetration shall not be assessed.
    PAGE 286

  5. Amendments to Florida Rules of Criminal Procedure re Sentencing Guidelines

    685 So. 2d 1213 (Fla. 1996)   Cited 4 times
    1996 Amendments (a) This portion was amended to show that the earliest offense date to which this rule applies is October 1, 1995 and that all subsequent changes are incorporated. It is intended that Committee Notes will be used to indicate effective dates of changes. (c) This amendment applies to offenses committed on or after October 1, 1996. (d)(9) The 1996 Legislature created two crimes for which sexual penetration or sexual contact points are not scored. That exception applies to offenses committed on or after October 1, 1996 pursuant to section 872.06, Florida Statutes or section 944.35 (3)(b)2, Florida Statutes. (d)(12) The amendment applies to offenses committed on or after October 1, 1996. (d)(13) The amendment applies on or after October 1, 1996. (d)(17) This amendment, which applies on or after October 1, 1996, clarifies when points may be assessed for multiple violations. It also incorporates legislative changes that indicate that multiple assessments may not be made for multiple counts of community sanction violations. (d)(24) The amendment applies to crimes committed on or after October 1, 1996. If used, this multiplier should be annotated with the words…

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 272 So. 3d 1210 (Fla. 2019)

. . . Stat., or § 872.06, Fla. Stat. . . .

LEWIS, v. STATE, 898 So. 2d 1081 (Fla. Dist. Ct. App. 2005)

. . . Section 921.0021(7) also exempts the assessment of victim injury points for violations of section 872.06 . . .

SEAGRAVE, v. STATE, 802 So. 2d 281 (Fla. 2001)

. . . (d) If the conviction is for the offense described in s. 872.06, the sentence points provided under s . . .

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

. . . That exception applies to offenses committed on or after October 1, 1996 pursuant to section 872.06, . . .

EAKINS v. UNITED STATES, 36 F.2d 961 (E.D.N.Y. 1930)

. . . the year 1917, the petitioner included, as part of her gross income, salary in the amount of $155,-872.06 . . .