SECTION 775.085. Evidencing prejudice while committing offense; reclassification.
Latest version.
1(1)(a) 2The 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:
471. 48A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree.
632. 64A misdemeanor of the first degree is reclassified to a felony of the third degree.
793. 80A felony of the third degree is reclassified to a felony of the second degree.
954. 96A felony of the second degree is reclassified to a felony of the first degree.
1115. 112A felony of the first degree is reclassified to a life felony.
124(b) 125As used in paragraph (a), the term:
1321. 133“Advanced age” means that the victim is older than 65 years of age.
1462. 147“Homeless status” means that the victim:
153a. 154Lacks a fixed, regular, and adequate nighttime residence; or
163b. 164Has a primary nighttime residence that is:
171(I) 172A supervised publicly or privately operated shelter designed to provide temporary living accommodations; or
186(II) 187A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
206(2) 207A 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.
267(3) 268It 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.
