Chapter 776 — Chapter 776
12 sections in this chapter.
Fla. Stat. § 776.012 Use or threatened use of force in defense of person
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(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful forc…
Fla. Stat. § 776.013 Home protection; use or threatened use of deadly force; presumption of fear of death or great bodily harm
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(1) A person who is in a dwelling or residence in which the person has a right to be has no duty to retreat and has the right to stand his or her ground and use or threaten to use:(a) Nondeadly force against another when and to the extent that the person reasonably believes that …
Fla. Stat. § 776.031 Use or threatened use of force in defense of property
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(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other’s trespass on, or other tortious or criminal interferen…
Fla. Stat. § 776.032 Immunity from criminal prosecution and civil action for justifiable use or threatened use of force
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(1) A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person, personal representative, or heirs…
Fla. Stat. § 776.041 Use or threatened use of force by aggressor
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The justification described in the preceding sections of this chapter is not available to a person who:(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or(2) Initially provokes the use or threatened use of force against himself or h…
Fla. Stat. § 776.05 Law enforcement officers; use of force in making an arrest
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A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. The officer is justified in the use of any force:…
Fla. Stat. § 776.051 Use or threatened use of force in resisting arrest or making an arrest or in the execution of a legal duty; prohibition
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(1) A person is not justified in the use or threatened use of force to resist an arrest by a law enforcement officer, or to resist a law enforcement officer who is engaged in the execution of a legal duty, if the law enforcement officer was acting in good faith and he or she is k…
Fla. Stat. § 776.06 Deadly force by a law enforcement or correctional officer
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(1) As applied to a law enforcement officer or correctional officer acting in the performance of his or her official duties, the term “deadly force” means force that is likely to cause death or great bodily harm and includes, but is not limited to:(a) The firing of a firearm in t…
Fla. Stat. § 776.07 Use of force to prevent escape
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(1) A law enforcement officer or other person who has an arrested person in his or her custody is justified in the use of any force which he or she reasonably believes to be necessary to prevent the escape of the arrested person from custody.(2) A correctional officer or other la…
Fla. Stat. § 776.08 Forcible felony
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“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructiv…
Fla. Stat. § 776.085 Defense to civil action for damages; party convicted of forcible or attempted forcible felony
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(1) It shall be a defense to any action for damages for personal injury or wrongful death, or for injury to property, that such action arose from injury sustained by a participant during the commission or attempted commission of a forcible felony. The defense authorized by this s…
Fla. Stat. § 776.09 Retention of records pertaining to persons found to be acting in lawful self-defense; expunction of criminal history records
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(1) Whenever the state attorney or statewide prosecutor dismisses an information, indictment, or other charging document, or decides not to file an information, indictment, or other charging document because of a finding that the person accused acted in lawful self-defense pursua…