775.0861 Offenses against persons on the grounds of religious institutions; reclassification.

325 words·~1 min read·/fl/title-xlvi/chapter-775/775-0861

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.