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The Florida Senate

2010 Florida Statutes

Title XLVI CRIMES
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE Entire Chapter
SECTION 041
Felony battery; domestic battery by strangulation.
F.S. 784.041
784.041

Felony battery; domestic battery by strangulation.

—
(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.

History.
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s. 1, ch. 97-183; s. 1, ch. 2007-133.