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


(1)

For purposes of this section, the term:“Religious institution” is as defined in s. 496.404.“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.

(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:Section 784.011, relating to assault;Section 784.021, relating to aggravated assault;Section 784.03, relating to battery;Section 784.041, relating to felony battery;A statute defining any offense listed in s. 775.084(1)(b)1.; orAny 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.

(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

(3)(a)

In the case of a misdemeanor of the second degree, the offense is reclassified to a misdemeanor of the first degree.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.In the case of a felony of the third degree, the offense is reclassified to a felony of the second degree.In the case of a felony of the second degree, the offense is reclassified to a felony of the first degree.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.

(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.

Source: Section 775.0861 — Offenses against persons on the grounds of religious institutions; reclassification, https://www.­flsenate.­gov/Laws/Statutes/2024/0775.­0861 (accessed Aug. 7, 2025).

775.01
Common law of England
775.02
Punishment of common-law offenses
775.03
Benefit of clergy
775.04
What penal acts or omissions not public offenses
775.08
Classes and definitions of offenses
775.011
Short title
775.012
General purposes
775.13
Registration of convicted felons, exemptions
775.14
Limitation on withheld sentences
775.15
Time limitations
775.16
Drug offenses
775.21
The Florida Sexual Predators Act
775.021
Rules of construction
775.022
Effect of reenactment or amendment of criminal statutes
775.24
Duty of the court to uphold laws governing sexual predators and sexual offenders
775.25
Prosecutions for acts or omissions
775.26
Registration of career offenders and public notification
775.027
Insanity defense
775.30
Terrorism
775.31
Facilitating or furthering terrorism
775.32
Use of military-type training provided by a designated foreign terrorist organization
775.33
Providing material support or resources for terrorism or to terrorist organizations
775.34
Membership in a designated foreign terrorist organization
775.35
Agroterrorism
775.051
Voluntary intoxication
775.081
Classifications of felonies and misdemeanors
775.082
Penalties
775.083
Fines
775.084
Violent career criminals
775.085
Evidencing prejudice while committing offense
775.087
Possession or use of weapon
775.089
Restitution
775.091
Public service
775.215
Residency restriction for persons convicted of certain sex offenses
775.261
The Florida Career Offender Registration Act
775.0823
Violent offenses committed against specified justice system personnel
775.0824
Dangerous unauthorized alien offender
775.0835
Fines
775.0837
Habitual misdemeanor offenders
775.0841
Legislative findings and intent
775.0842
Persons subject to career criminal prosecution efforts
775.0843
Policies to be adopted for career criminal cases
775.0844
White Collar Crime Victim Protection Act
775.0845
Wearing mask while committing offense
775.0846
Possession of bulletproof vest while committing certain offenses
775.0847
Possession or promotion of certain images of child pornography
775.0849
Public service announcements
775.0861
Offenses against persons on the grounds of religious institutions
775.0862
Sexual offenses against students by authority figures
775.0863
Evidencing prejudice while committing offense against person with mental or physical disability
775.0871
Public service announcements
775.0875
Unlawful taking, possession, or use of law enforcement officer’s firearm
775.0877
Criminal transmission of HIV
775.08435
Prohibition on withholding adjudication in felony cases

Current through Fall 2025

§ 775.0861. Offenses against persons on the grounds of religious institutions; reclassification's source at flsenate​.gov