§ 784.041, Fla. Stat. · Chapter 784. ASSAULT; BATTERY; CULPABLE NEGLIGENCE
Felony battery; domestic battery by strangulation.
Text — 2026 Florida Statutes
(1) A person commits felony battery if he or she:
(a) Actually and intentionally touches or strikes another person against the will of the other; and
(b) Causes great bodily harm, permanent disability, or permanent disfigurement.
(2)(a) A person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person. This paragraph does not apply to any act of medical diagnosis, treatment, or prescription which is authorized under the laws of this state.
(b) As used in this subsection, the term:
1. “Family or household member” has the same meaning as in s. 741.28.
2. “Dating relationship” means a continuing and significant relationship of a romantic or intimate nature.
(3) A person who commits felony battery or domestic battery by strangulation commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Notes and commentary — not statutory text
History
s. 1, ch. 97-183; s. 1, ch. 2007-133.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/0784.html
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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
- § 741.28, Fla. Stat.Domestic violence; definitions.Printed as s. 741.28
- § 775.082, Fla. Stat.Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.Printed as s. 775.082
- § 775.083, Fla. Stat.Fines.Printed as s. 775.083
- § 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
Cited by 4 provisions
Provisions in this library whose text cites § 784.041, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 794.056, Fla. Stat.Rape Crisis Program Trust Fund.Printed as s. 784.041
- § 938.08, Fla. Stat.Additional cost to fund programs in domestic violence.Printed as s. 784.041
- § 938.085, Fla. Stat.Additional cost to fund rape crisis centers.Printed as s. 784.041
- § 943.0584, Fla. Stat.Criminal history records ineligible for court-ordered expunction or court-ordered sealing.Printed as ss. 784.03, 784.041, and 784.045
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.