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Florida Statutes, Title XLVI

Florida/Statutes

← All Florida coverage

Title XLVI, Crimes

49 chapters · 985 sections in this title.

All chapters in Title XLVI985 Ch 817, Fraudulent Practices135 Ch 790, Weapons and Firearms64 Ch 849, Gambling57 Ch 775, General Penalties; Registration of C…56 Ch 876, Criminal Anarchy, Treason, and Other…52 Ch 812, Theft, Robbery, and Related Crimes44 Ch 893, Drug Abuse Prevention and Control40 Ch 828, Animals: Cruelty; Sales; Animal Ente…36 Ch 831, Forgery and Counterfeiting36 Ch 843, Obstructing Justice30 Ch 784, Assault; Battery; Culpable Negligence28 Ch 877, Miscellaneous Crimes27 Ch 847, Obscenity26 Ch 794, Sexual Battery22

985 sections·Filtered byTitle XLVI✕

Fla. Stat. § 784.049 Sexual cyberharassment
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(1) The Legislature finds that:(a) A person depicted in a sexually explicit image taken with the person’s consent may retain a reasonable expectation that the image will remain private despite sharing the image with another person.(b) It is becoming a common practice for persons …
Fla. Stat. § 784.0493 Harassment or intimidation based on religious or ethnic heritage
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(1) As used in this section, the terms “credible threat” and “harass” have the same meaning as in s. 784.048(1).(2) A person may not willfully and maliciously harass or intimidate another person based on the person’s wearing or displaying of any indicia relating to any religious …
Fla. Stat. § 784.0495 Mob intimidation
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(1) It is unlawful for a person, assembled with two or more other persons and acting with a common intent, to use force or threaten to use imminent force, to compel or induce, or attempt to compel or induce, another person to do or refrain from doing any act or to assume, abandon…
Fla. Stat. § 784.05 Culpable negligence
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(1) Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.(2) Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdem…

Showing 101–150 of 985

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Fla. Stat. § 784.062 Misuse of laser lighting devices

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(1) As used in subsection (2), the term “laser lighting device” means a handheld device, not affixed to a firearm, which emits a laser beam that is designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or …

Fla. Stat. § 784.07 Assault or battery of law enforcement officers and other specified personnel; reclassification of offenses; minimum sentences

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(1) As used in this section, the term:(a) “Emergency medical care provider” means an ambulance driver, emergency medical technician, paramedic, registered nurse, physician as defined in s. 401.23, medical director as defined in s. 401.23, or any person authorized by an emergency …

Fla. Stat. § 784.071 Assault or battery on a law enforcement officer; missing while in line of duty; blue alert

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(1) At the request of an authorized person employed at a law enforcement agency, the Department of Law Enforcement, in cooperation with the Department of Highway Safety and Motor Vehicles and the Department of Transportation, shall activate the emergency alert system and issue a …

Fla. Stat. § 784.074 Assault or battery on sexually violent predators detention or commitment facility staff; reclassification of offenses

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(1) Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon a staff member of a sexually violent predators detention or commitment facility as defined in part V of chapter 394, while the staff member is engaged in the …

Fla. Stat. § 784.075 Battery on detention or commitment facility staff or a juvenile probation officer

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A person who commits a battery on a juvenile probation officer, as defined in s. 985.03, on other staff of a detention center or facility as defined in s. 984.03 or s. 985.03, or on a staff member of a commitment facility as defined in s. 985.03, commits a felony of the third deg…

Fla. Stat. § 784.076 Battery on health services personnel

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A juvenile who has been committed to or detained by the Department of Juvenile Justice pursuant to a court order, who commits battery upon a person who provides health services commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. …

Fla. Stat. § 784.078 Battery of facility employee by throwing, tossing, or expelling certain fluids or materials

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(1) As used in this section, the term “facility” means a state correctional institution defined in s. 944.02(8); a contractor-operated correctional facility defined in s. 944.710 or under chapter 957; a county, municipal, or regional jail or other detention facility of local gove…

Fla. Stat. § 784.08 Assault or battery on persons 65 years of age or older; reclassification of offenses; minimum sentence

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(1) A person who is convicted of an aggravated assault or aggravated battery upon a person 65 years of age or older shall be sentenced to a minimum term of imprisonment of 3 years and fined not more than $10,000 and shall also be ordered by the sentencing judge to make restitutio…

Fla. Stat. § 784.081 Assault or battery on specified officials or employees; reclassification of offenses

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(1) For purposes of this section, the term “sports official” means any person who serves as a referee, an umpire, or a linesman, and any person who serves in a similar capacity as a sports official who may be known by another title, which sports official is duly registered by or …

Fla. Stat. § 784.082 Assault or battery by a person who is being detained in a prison, jail, or other detention facility upon visitor or other detainee; reclassification of offenses

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Whenever a person who is being detained in a prison, jail, or other detention facility is charged with committing an assault or aggravated assault or a battery or aggravated battery upon any visitor to the detention facility or upon any other detainee in the detention facility, t…

Fla. Stat. § 784.083 Assault or battery on code inspectors

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Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon a code inspector, as defined in s. 162.04(2), while the code inspector is engaged in the lawful performance of his or her duties and when the person committing th…

Fla. Stat. § 784.085 Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials

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(1) It is unlawful for any person, except a child as defined in this section, to knowingly cause or attempt to cause a child to come into contact with blood, seminal fluid, or urine or feces by throwing, tossing, projecting, or expelling such fluid or material.(2) Any person, exc…

Fla. Stat. § 784.086 Reproductive battery

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(1) As used in this section, the term:(a) “Donor” means a person who donates reproductive material, regardless of whether for personal use or compensation.(b) “Health care practitioner” has the same meaning as provided in s. 456.001.(c) “Recipient” means a person who receives rep…

Fla. Stat. § 787.001 Victim’s age; ignorance and misrepresentation not defenses

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When, in this chapter, the criminality of conduct depends upon the victim being below a certain age, ignorance of the victim’s age is not a defense. Misrepresentation of a victim’s age by any person or a bona fide belief that a victim is over a specified age is also not a defense…

Fla. Stat. § 787.01 Kidnapping; kidnapping of child under age 13, aggravating circumstances

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(1)(a) The term “kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to:1. Hold for ransom or reward or as a shield or hostage.2. Commit or facilitate commission o…

Fla. Stat. § 787.02 False imprisonment; false imprisonment of child under age 13, aggravating circumstances

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(1)(a) The term “false imprisonment” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.(b) Confinement of a child under the age of 13 is against her or his will within the m…

Fla. Stat. § 787.025 Luring or enticing a child

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(1) As used in this section, the term:(a) “Structure” means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof.(b) “Dwelling” means a building or conveyance of any kind, either temporary or permanent, mobile or imm…

Fla. Stat. § 787.03 Interference with custody

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(1) Whoever, without lawful authority, knowingly or recklessly takes or entices, or aids, abets, hires, or otherwise procures another to take or entice, any minor or any incompetent person from the custody of the minor’s or incompetent person’s parent, his or her guardian, a publ…

Fla. Stat. § 787.035 Sheltering unmarried minors; aiding unmarried minor runaways; violations

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(1)(a) A person who is not an authorized agent of the Department of Juvenile Justice or the Department of Children and Families may not knowingly shelter an unmarried minor for more than 24 hours without the consent of the minor’s parent or guardian or without notifying a law enf…

Fla. Stat. § 787.04 Removing minors from state or concealing minors contrary to state agency order or court order

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(1) It is unlawful for any person, in violation of a court order, to lead, take, entice, or remove a minor beyond the limits of this state, or to conceal the location of a minor, with personal knowledge of the order.(2) It is unlawful for any person, with criminal intent, to lead…

Fla. Stat. § 787.06 Human trafficking

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(1)(a) The Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked i…

Fla. Stat. § 787.061 Civil actions by victims of human trafficking

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(1) FINDINGS.—The Legislature finds that it is necessary to provide a civil cause of action for the recovery of specified damages and costs in order to achieve the intent of the Legislature relating to human trafficking as expressed in s. 787.06(1)(d).(2) DEFINITIONS.—As used in …

Fla. Stat. § 787.07 Human smuggling

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(1) Except as provided in subsections (3), (4), and (5), a person who knowingly and willfully transports into this state an individual whom the person knows, or reasonably should know, has entered the United States in violation of law and has not been inspected by the Federal Gov…

Fla. Stat. § 787.29 Human trafficking public awareness signs

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(1) The Department of Transportation shall display a public awareness sign developed under subsection (4) in every rest area, turnpike service plaza, weigh station, primary airport, passenger rail station, and welcome center in the state which is open to the public.(2) Emergency …

Fla. Stat. § 787.30 Employing persons under the age of 21 years in adult entertainment establishments prohibited

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(1) As used in this section, the term:(a) “Adult entertainment establishment” has the same meaning as in s. 847.001.(b) “Nude” means the showing of the human male or female genitals, pubic area, or buttock with less than a fully opaque covering; or the showing of the female breas…

Fla. Stat. § 790.001 Definitions

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As used in this chapter, except where the context otherwise requires:(1) “Ammunition” means an object consisting of all of the following:(a) A fixed metallic or nonmetallic hull or casing containing a primer.(b) One or more projectiles, one or more bullets, or shot.(c) Gunpowder.…

Fla. Stat. § 790.01 Carrying of concealed weapons or concealed firearms

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(1) A person is authorized to carry a concealed weapon or concealed firearm, as that term is defined in s. 790.06(1), if he or she:(a) Is licensed under s. 790.06; or(b) Is not licensed under s. 790.06, but otherwise satisfies the criteria for receiving and maintaining such a lic…

Fla. Stat. § 790.013 Carrying of concealed weapons or concealed firearms without a license

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A person who carries a concealed weapon or concealed firearm without a license as authorized under s. 790.01(1)(b):(1) Must carry valid identification at all times when he or she is in actual possession of a concealed weapon or concealed firearm and must display such identificati…

Fla. Stat. § 790.015 Nonresidents; reciprocity

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(1) A nonresident of Florida may carry a concealed weapon or concealed firearm, as that term is defined in s. 790.06(1), while in this state if the nonresident is a resident of the United States who is 21 years of age or older and he or she:(a) Satisfies the criteria for receivin…

Fla. Stat. § 790.02 Officer to arrest without warrant and upon probable cause

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The carrying of a concealed weapon is declared a breach of peace, and any officer authorized to make arrests under the laws of this state may make arrests without warrant of persons violating the provisions of s. 790.01 when said officer has reasonable grounds or probable cause t…

Fla. Stat. § 790.051 Exemption from licensing requirements; law enforcement officers

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Law enforcement officers are exempt from the licensing and penal provisions of this chapter when acting at any time within the scope or course of their official duties or when acting at any time in the line of or performance of duty.History.—s. 11, ch. 69-306.

Fla. Stat. § 790.052 Carrying of concealed firearms by off-duty law enforcement officers, correctional officers, and correctional probation officers

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(1)(a) All persons holding active certifications from the Criminal Justice Standards and Training Commission as law enforcement officers, correctional officers, or correctional probation officers as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) shall have the right to …

Fla. Stat. § 790.053 Open carrying of weapons

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(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person who carries a concealed firearm as authorized in…

Fla. Stat. § 790.054 Prohibited use of self-defense weapon or device against law enforcement officer; penalties

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A person who knowingly and willfully uses a self-defense chemical spray, a nonlethal stun gun or other nonlethal electric weapon or device, or a dart-firing stun gun against a law enforcement officer engaged in the performance of his or her duties commits a felony of the third de…

Fla. Stat. § 790.06 License to carry concealed weapon or concealed firearm

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(1)(a) For the purposes of this section, the term “concealed weapon or concealed firearm” means a handgun, electric weapon or device, tear gas gun, knife, or billie, but does not include a machine gun as that term is defined in s. 790.001.(b) The Department of Agriculture and Con…

Fla. Stat. § 790.0601 Public records exemption for concealed weapons

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(1) Personal identifying information of an individual who has applied for or received a license to carry a concealed weapon or firearm pursuant to s. 790.06 held by the Division of Licensing of the Department of Agriculture and Consumer Services is confidential and exempt from s.…

Fla. Stat. § 790.061 Judges and justices; exceptions from licensure provisions

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A county court judge, circuit court judge, district court of appeal judge, justice of the supreme court, federal district court judge, or federal court of appeals judge serving in this state is not required to comply with the provisions of s. 790.06 in order to receive a license …

Fla. Stat. § 790.062 Members and veterans of United States Armed Forces; exceptions from licensure provisions

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(1) Notwithstanding s. 790.06(2)(b), the Department of Agriculture and Consumer Services shall issue a license to carry a concealed weapon or firearm under s. 790.06 if the applicant is otherwise qualified and:(a) Is a servicemember, as defined in s. 250.01; or(b) Is a veteran of…

Fla. Stat. § 790.0625 Appointment of tax collectors to accept applications for a concealed weapon or firearm license; fees; penalties

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(1) As used in this section, the term:(a) “Department” means the Department of Agriculture and Consumer Services.(b) “Division” means the Division of Licensing of the Department of Agriculture and Consumer Services.(2) The department, at its discretion, may appoint tax collectors…

Fla. Stat. § 790.064 Firearm possession and firearm ownership disability

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(1) A person who has been adjudicated mentally defective or who has been committed to a mental institution, as those terms are defined in s. 790.065(2), may not own a firearm or possess a firearm until relief from the firearm possession and firearm ownership disability is obtaine…

Fla. Stat. § 790.065 Sale and delivery of firearms

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1(1)(a) A licensed importer, licensed manufacturer, or licensed dealer may not sell or deliver from her or his inventory at her or his licensed premises any firearm to another person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, u…

Fla. Stat. § 790.0655 Purchase and delivery of firearms; mandatory waiting period; exceptions; penalties

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(1)(a) A mandatory waiting period is imposed between the purchase and delivery of a firearm. The mandatory waiting period is 3 days, excluding weekends and legal holidays, or expires upon the completion of the records checks required under s. 790.065, whichever occurs later.(b) R…

Fla. Stat. § 790.07 Persons engaged in criminal offense, having weapons

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(1) Whoever, while committing or attempting to commit any felony or while under indictment, displays, uses, threatens, or attempts to use any weapon or electric weapon or device or carries a concealed weapon is guilty of a felony of the third degree, punishable as provided in s. …

Fla. Stat. § 790.08 Taking possession of weapons and arms; reports; disposition; custody

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(1)(a) Every officer making an arrest under s. 790.07, or under any other law or municipal ordinance within the state, shall take possession of any weapons, electric weapons or devices, or arms mentioned in s. 790.07 found upon the person arrested and deliver them to the sheriff …

Fla. Stat. § 790.09 Manufacturing or selling metallic knuckles

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Whoever manufactures or causes to be manufactured or sells or exposes for sale any instrument or weapon of the kind usually known as metallic knuckles commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.History.—s. 11, ch. 1637, 1868; RS…

Fla. Stat. § 790.10 Improper exhibition of dangerous weapons or firearms

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If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offend…