Senate Bill sb0184er
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2 An act relating to domestic battery by
3 strangulation; amending s. 784.041, F.S.;
4 providing that it is a third-degree felony to
5 knowingly and intentionally impede the normal
6 breathing or circulation of the blood of
7 another person in specified ways; providing an
8 exception; providing definitions; providing
9 criminal penalties; amending s. 921.0022, F.S.,
10 relating to the offense severity ranking chart
11 of the Criminal Punishment Code; conforming a
12 reference to changes made by the act; providing
13 an effective date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Section 784.041, Florida Statutes, is
18 amended to read:
19 784.041 Felony battery; domestic battery by
20 strangulation.--
21 (1) A person commits felony battery if he or she:
22 (a) Actually and intentionally touches or strikes
23 another person against the will of the other; and
24 (b) Causes great bodily harm, permanent disability, or
25 permanent disfigurement.
26 (2)(a) A person commits domestic battery by
27 strangulation if the person knowingly and intentionally,
28 against the will of another, impedes the normal breathing or
29 circulation of the blood of a family or household member or of
30 a person with whom he or she is in a dating relationship, so
31 as to create a risk of or cause great bodily harm by applying
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2007 Legislature CS for SB 184
1 pressure on the throat or neck of the other person or by
2 blocking the nose or mouth of the other person. This paragraph
3 does not apply to any act of medical diagnosis, treatment, or
4 prescription which is authorized under the laws of this state.
5 (b) As used in this subsection, the term:
6 1. "Family or household member" has the same meaning
7 as in s. 741.28.
8 2. "Dating relationship" means a continuing and
9 significant relationship of a romantic or intimate nature.
10 (3)(2) A person who commits felony battery or domestic
11 battery by strangulation commits a felony of the third degree,
12 punishable as provided in s. 775.082, s. 775.083, or s.
13 775.084.
14 Section 2. Paragraph (f) of subsection (3) of section
15 921.0022, Florida Statutes, is amended to read:
16 921.0022 Criminal Punishment Code; offense severity
17 ranking chart.--
18 (3) OFFENSE SEVERITY RANKING CHART
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20 Florida Felony
21 Statute Degree Description
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24 (f) LEVEL 6
25 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
26 conviction.
27 499.0051(3) 2nd Forgery of pedigree papers.
28 499.0051(4) 2nd Purchase or receipt of legend
29 drug from unauthorized person.
30 499.0051(5) 2nd Sale of legend drug to
31 unauthorized person.
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1 775.0875(1) 3rd Taking firearm from law
2 enforcement officer.
3 784.021(1)(a) 3rd Aggravated assault; deadly weapon
4 without intent to kill.
5 784.021(1)(b) 3rd Aggravated assault; intent to
6 commit felony.
7 784.041 3rd Felony battery; domestic battery
8 by strangulation.
9 784.048(3) 3rd Aggravated stalking; credible
10 threat.
11 784.048(5) 3rd Aggravated stalking of person
12 under 16.
13 784.07(2)(c) 2nd Aggravated assault on law
14 enforcement officer.
15 784.074(1)(b) 2nd Aggravated assault on sexually
16 violent predators facility staff.
17 784.08(2)(b) 2nd Aggravated assault on a person 65
18 years of age or older.
19 784.081(2) 2nd Aggravated assault on specified
20 official or employee.
21 784.082(2) 2nd Aggravated assault by detained
22 person on visitor or other
23 detainee.
24 784.083(2) 2nd Aggravated assault on code
25 inspector.
26 787.02(2) 3rd False imprisonment; restraining
27 with purpose other than those in
28 s. 787.01.
29 790.115(2)(d) 2nd Discharging firearm or weapon on
30 school property.
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1 790.161(2) 2nd Make, possess, or throw
2 destructive device with intent to
3 do bodily harm or damage
4 property.
5 790.164(1) 2nd False report of deadly explosive,
6 weapon of mass destruction, or
7 act of arson or violence to state
8 property.
9 790.19 2nd Shooting or throwing deadly
10 missiles into dwellings, vessels,
11 or vehicles.
12 794.011(8)(a) 3rd Solicitation of minor to
13 participate in sexual activity by
14 custodial adult.
15 794.05(1) 2nd Unlawful sexual activity with
16 specified minor.
17 800.04(5)(d) 3rd Lewd or lascivious molestation;
18 victim 12 years of age or older
19 but less than 16 years; offender
20 less than 18 years.
21 800.04(6)(b) 2nd Lewd or lascivious conduct;
22 offender 18 years of age or
23 older.
24 806.031(2) 2nd Arson resulting in great bodily
25 harm to firefighter or any other
26 person.
27 810.02(3)(c) 2nd Burglary of occupied structure;
28 unarmed; no assault or battery.
29 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
30 but less than $100,000, grand
31 theft in 2nd degree.
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1 812.015(9) 2nd Retail theft; property stolen
2 $300 or more; second or
3 subsequent conviction.
4 812.13(2)(c) 2nd Robbery, no firearm or other
5 weapon (strong-arm robbery).
6 817.034(4)(a)1. 1st Communications fraud, value
7 greater than $50,000.
8 817.4821(5) 2nd Possess cloning paraphernalia
9 with intent to create cloned
10 cellular telephones.
11 825.102(1) 3rd Abuse of an elderly person or
12 disabled adult.
13 825.102(3)(c) 3rd Neglect of an elderly person or
14 disabled adult.
15 825.1025(3) 3rd Lewd or lascivious molestation of
16 an elderly person or disabled
17 adult.
18 825.103(2)(c) 3rd Exploiting an elderly person or
19 disabled adult and property is
20 valued at less than $20,000.
21 827.03(1) 3rd Abuse of a child.
22 827.03(3)(c) 3rd Neglect of a child.
23 827.071(2)&(3) 2nd Use or induce a child in a sexual
24 performance, or promote or direct
25 such performance.
26 836.05 2nd Threats; extortion.
27 836.10 2nd Written threats to kill or do
28 bodily injury.
29 843.12 3rd Aids or assists person to escape.
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1 847.0135(2) 3rd Facilitates sexual conduct of or
2 with a minor or the visual
3 depiction of such conduct.
4 914.23 2nd Retaliation against a witness,
5 victim, or informant, with bodily
6 injury.
7 944.35(3)(a)2. 3rd Committing malicious battery upon
8 or inflicting cruel or inhuman
9 treatment on an inmate or
10 offender on community
11 supervision, resulting in great
12 bodily harm.
13 944.40 2nd Escapes.
14 944.46 3rd Harboring, concealing, aiding
15 escaped prisoners.
16 944.47(1)(a)5. 2nd Introduction of contraband
17 (firearm, weapon, or explosive)
18 into correctional facility.
19 951.22(1) 3rd Intoxicating drug, firearm, or
20 weapon introduced into county
21 facility.
22 Section 3. This act shall take effect October 1, 2007.
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