Florida criminal charge
Authorized use of force; malicious battery and sexual misconduct prohibited; reporting required; penalties in Florida
Authorized use of force; malicious battery and sexual misconduct prohibited; reporting required; penalties is a criminal offense under Florida law, defined by Fla. Stat. § 944.35. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 944.35.
What is the penalty for authorized use of force; malicious battery and sexual misconduct prohibited; reporting required; penalties in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Malicious battery upon an inmate — An employee of the department, with malicious intent, commits a battery upon an inmate or an offender supervised by the department in the community.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Malicious battery upon an inmate — An employee of the department, with malicious intent, commits a battery upon an inmate or an offender supervised by the department in the community.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Malicious battery or cruel/inhuman treatment causing great bodily harm — An employee of the department, with malicious intent, commits a battery or inflicts cruel or inhuman treatment by neglect or otherwise, causing great bodily harm, permanent disability, or permanent disfigurement to an inmate or offender supervised in the community.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Malicious battery or cruel/inhuman treatment causing great bodily harm — An employee of the department, with malicious intent, commits a battery or inflicts cruel or inhuman treatment by neglect or otherwise, causing great bodily harm, permanent disability, or permanent disfigurement to an inmate or offender supervised in the community.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Sexual misconduct with an inmate or offender — An employee, volunteer, or contractor/subcontractor employee engages in sexual misconduct with an inmate or offender supervised in the community, without committing sexual battery.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Sexual misconduct with an inmate or offender — An employee, volunteer, or contractor/subcontractor employee engages in sexual misconduct with an inmate or offender supervised in the community, without committing sexual battery.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Failure to report or preventing report — An employee required to report under this section knowingly or willfully fails to do so, or knowingly or willfully prevents another person from reporting.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Failure to report or preventing report — An employee required to report under this section knowingly or willfully fails to do so, or knowingly or willfully prevents another person from reporting.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Submitting false or incomplete report — A person knowingly or willfully submits inaccurate, incomplete, or untruthful information regarding reports required under this section.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Submitting false or incomplete report — A person knowingly or willfully submits inaccurate, incomplete, or untruthful information regarding reports required under this section.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Coercion or threats to alter testimony or reports — A person knowingly or willfully coerces or threatens another person with intent to alter testimony or a written report regarding a use-of-force or sexual misconduct incident.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Coercion or threats to alter testimony or reports — A person knowingly or willfully coerces or threatens another person with intent to alter testimony or a written report regarding a use-of-force or sexual misconduct incident.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is authorized use of force; malicious battery and sexual misconduct prohibited; reporting required; penalties classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Malicious battery upon an inmate | Misdemeanor of the First Degree | An employee of the department, with malicious intent, commits a battery upon an inmate or an offender supervised by the department in the community. | Fla. Stat. § 944.35(3)(a)1. |
| Malicious battery or cruel/inhuman treatment causing great bodily harm | Felony of the Third Degree | An employee of the department, with malicious intent, commits a battery or inflicts cruel or inhuman treatment by neglect or otherwise, causing great bodily harm, permanent disability, or permanent disfigurement to an inmate or offender supervised in the community. | Fla. Stat. § 944.35(3)(a)2. |
| Sexual misconduct with an inmate or offender | Felony of the Third Degree | An employee, volunteer, or contractor/subcontractor employee engages in sexual misconduct with an inmate or offender supervised in the community, without committing sexual battery. | Fla. Stat. § 944.35(3)(b)2. |
| Failure to report or preventing report | Misdemeanor of the First Degree | An employee required to report under this section knowingly or willfully fails to do so, or knowingly or willfully prevents another person from reporting. | Fla. Stat. § 944.35(4)(a) |
| Submitting false or incomplete report | Misdemeanor of the First Degree | A person knowingly or willfully submits inaccurate, incomplete, or untruthful information regarding reports required under this section. | Fla. Stat. § 944.35(4)(b) |
| Coercion or threats to alter testimony or reports | Felony of the Third Degree | A person knowingly or willfully coerces or threatens another person with intent to alter testimony or a written report regarding a use-of-force or sexual misconduct incident. | Fla. Stat. § 944.35(4)(c) |
Common questions about authorized use of force; malicious battery and sexual misconduct prohibited; reporting required; penalties in Florida
Is authorized use of force; malicious battery and sexual misconduct prohibited; reporting required; penalties a felony or a misdemeanor in Florida?
It depends on the circumstances: authorized use of force; malicious battery and sexual misconduct prohibited; reporting required; penalties ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 944.35.
Malicious battery upon an inmate: Misdemeanor of the First Degree (Fla. Stat. § 944.35(3)(a)1.) · Malicious battery or cruel/inhuman treatment causing great bodily harm: Felony of the Third Degree (Fla. Stat. § 944.35(3)(a)2.) · Sexual misconduct with an inmate or offender: Felony of the Third Degree (Fla. Stat. § 944.35(3)(b)2.) · Failure to report or preventing report: Misdemeanor of the First Degree (Fla. Stat. § 944.35(4)(a)) · Submitting false or incomplete report: Misdemeanor of the First Degree (Fla. Stat. § 944.35(4)(b)) · Coercion or threats to alter testimony or reports: Felony of the Third Degree (Fla. Stat. § 944.35(4)(c))
What are the penalties for authorized use of force; malicious battery and sexual misconduct prohibited; reporting required; penalties in Florida?
Penalties for authorized use of force; malicious battery and sexual misconduct prohibited; reporting required; penalties in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Third Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers authorized use of force; malicious battery and sexual misconduct prohibited; reporting required; penalties?
Authorized use of force; malicious battery and sexual misconduct prohibited; reporting required; penalties is governed by Fla. Stat. § 944.35 (Authorized use of force; malicious battery and sexual misconduct prohibited; reporting required; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.