1 | State | 2018 Statute Number | 2018 Statute Language |
|---|---|---|---|
2 | Florida | Fla. Stat. § 775.085 Evidencing prejudice while committing offense; reclassification. | (1)(a) The penalty for any felony or misdemeanor shall be reclassified as provided in this subsection if the commission of such felony or misdemeanor evidences prejudice based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age of the victim: 1. A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree. 2. A misdemeanor of the first degree is reclassified to a felony of the third degree. 3. A felony of the third degree is reclassified to a felony of the second degree. 4. A felony of the second degree is reclassified to a felony of the first degree. 5. A felony of the first degree is reclassified to a life felony. (b) As used in paragraph (a), the term: 1. “Advanced age” means that the victim is older than 65 years of age. 2. “Homeless status” means that the victim: a. Lacks a fixed, regular, and adequate nighttime residence; or b. Has a primary nighttime residence that is: (I) A supervised publicly or privately operated shelter designed to provide temporary living accommodations; or (II) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. (2) A person or organization that establishes by clear and convincing evidence that it has been coerced, intimidated, or threatened in violation of this section has a civil cause of action for treble damages, an injunction, or any other appropriate relief in law or in equity. Upon prevailing in such civil action, the plaintiff may recover reasonable attorney fees and costs. (3) It is an essential element of this section that the record reflect that the defendant perceived, knew, or had reasonable grounds to know or perceive that the victim was within the class delineated in this section. |
3 | Fla. Stat. §784.08 Assault or battery on persons 65 years of age or older; reclassification of offenses; minimum sentence. | (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 restitution to the victim of such offense and to perform up to 500 hours of community service work. Restitution and community service work shall be in addition to any fine or sentence which may be imposed and shall not be in lieu thereof. (2) Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon a person 65 years of age or older, regardless of whether he or she knows or has reason to know the age of the victim, the offense for which the person is charged shall be reclassified as follows: (a) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree. (b) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree. (c) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree. (d) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree. (3) Notwithstanding the provisions of s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld. | |
4 | Fla. Stat. § 812.0145 Theft from persons 65 years of age or older; reclassification of offenses. | (1) A person who is convicted of theft of more than $1,000 from a person 65 years of age or older shall be ordered by the sentencing judge to make restitution to the victim of such offense and to perform up to 500 hours of community service work. Restitution and community service work shall be in addition to any fine or sentence which may be imposed and shall not be in lieu thereof. (2) Whenever a person is charged with committing theft from a person 65 years of age or older, when he or she knows or has reason to believe that the victim was 65 years of age or older, the offense for which the person is charged shall be reclassified as follows: (a) If the funds, assets, or property involved in the theft from a person 65 years of age or older is valued at $50,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) If the funds, assets, or property involved in the theft from a person 65 years of age or older is valued at $10,000 or more, but less than $50,000, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) If the funds, assets, or property involved in the theft from a person 65 years of age or older is valued at $300 or more, but less than $10,000, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |