§ 775.0861, Fla. Stat. · Chapter 775. GENERAL PENALTIES; REGISTRATION OF CRIMINALS
Offenses against persons on the grounds of religious institutions; reclassification.
Text — 2026 Florida Statutes
(1) For purposes of this section, the term:
(a) “Religious institution” is as defined in s. 496.404.
(b) “Religious service” is a religious ceremony, prayer, or other activity according to a form and order prescribed for worship, including a service related to a particular occasion.
(2) The felony or misdemeanor degree of any violation of:
(a) Section 784.011, relating to assault;
(b) Section 784.021, relating to aggravated assault;
(c) Section 784.03, relating to battery;
(d) Section 784.041, relating to felony battery;
(e) A statute defining any offense listed in s. 775.084(1)(b)1.; or
(f) Any other statute defining an offense that involves the use or threat of physical force or violence against any individual
shall be reclassified as provided in this section if the offense is committed on the property of a religious institution while the victim is on the property for the purpose of participating in or attending a religious service.
(3)(a) In the case of a misdemeanor of the second degree, the offense is reclassified to a misdemeanor of the first degree.
(b) In the case of a misdemeanor of the first degree, the offense is reclassified to a felony of the third degree. For purposes of sentencing under chapter 921, such offense is ranked in level 2 of the offense severity ranking chart.
(c) In the case of a felony of the third degree, the offense is reclassified to a felony of the second degree.
(d) In the case of a felony of the second degree, the offense is reclassified to a felony of the first degree.
(e) In the case of a felony of the first degree, the offense is reclassified to a life felony.
For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.
Notes and commentary — not statutory text
History
s. 2, ch. 2005-77.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/0775.html
- Text hash
- sha256 412a514cbbc0b3379feb28d242273c0f170065aee2cc3e4e02f4ea1ec5b0aab7
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
- composed from the Legislature's structured HTML (one source of text; no PDF extraction); a second, independent reading of the same bytes agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- § 496.404, Fla. Stat.Definitions.Printed as s. 496.404
- § 775.084, Fla. Stat.Violent career criminals; habitual felony offenders and habitual violent felony offenders; three-time violent felony offenders; definitions; procedure; enhanced penalties or mandatory minimum prison terms.Printed as s. 775.084(1)(b)1.
- Fla. Stat. ch. 921SENTENCEPrinted as chapter 921
- § 921.0022, Fla. Stat.Criminal Punishment Code; offense severity ranking chart.Printed as s. 921.0022
Cited by 4 provisions
Provisions in this library whose text cites § 775.0861, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 856.022, Fla. Stat.Loitering or prowling by certain offenders in close proximity to children; prohibition on contact or communication with children in certain locations; penalty.Printed as s. 775.0861
- § 921.0022, Fla. Stat.Criminal Punishment Code; offense severity ranking chart.Printed as s. 775.0861
- § 947.1405, Fla. Stat.Conditional release program.Printed as s. 775.0861
- § 948.30, Fla. Stat.Additional terms and conditions of probation or community control for certain sex offenses.Printed as s. 775.0861
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.