SECTION 775.0863. Evidencing prejudice while committing offense against person with mental or physical disability; 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 a mental or physical disability of the victim:
371. 38A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree.
532. 54A misdemeanor of the first degree is reclassified to a felony of the third degree.
693. 70A felony of the third degree is reclassified to a felony of the second degree.
854. 86A felony of the second degree is reclassified to a felony of the first degree.
1015. 102A felony of the first degree is reclassified to a life felony.
114(b) 115As used in paragraph (a), the term “mental or physical disability” means a condition of mental or physical incapacitation due to a developmental disability, organic brain damage, or mental illness, and one or more mental or physical limitations that restrict a person’s ability to perform the normal activities of daily living.
166(2) 167A 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.
227(3) 228It 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.
