Florida criminal charge
Harassment or intimidation based on religious or ethnic heritage in Florida
Harassment or intimidation based on religious or ethnic heritage is a criminal offense under Florida law, defined by Fla. Stat. § 784.0493. 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. § 784.0493.
What is the penalty for harassment or intimidation based on religious or ethnic heritage in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Harassment or intimidation based on religious or ethnic heritage — base offense — A person violates subsection (2) by willfully and maliciously harassing or intimidating another based on their wearing or displaying religious or ethnic heritage indicia.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Harassment or intimidation based on religious or ethnic heritage — base offense — A person violates subsection (2) by willfully and maliciously harassing or intimidating another based on their wearing or displaying religious or ethnic heritage indicia.; 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 (Harassment or intimidation based on religious or ethnic heritage — with credible threat — A person violates subsection (2) and, in the course of the violation, makes a credible threat to the person who is the subject of the harassment or intimidation.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Harassment or intimidation based on religious or ethnic heritage — with credible threat — A person violates subsection (2) and, in the course of the violation, makes a credible threat to the person who is the subject of the harassment or intimidation.; 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 harassment or intimidation based on religious or ethnic heritage classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Harassment or intimidation based on religious or ethnic heritage — base offense | Misdemeanor of the First Degree | A person violates subsection (2) by willfully and maliciously harassing or intimidating another based on their wearing or displaying religious or ethnic heritage indicia. | Fla. Stat. § 784.0493(3) |
| Harassment or intimidation based on religious or ethnic heritage — with credible threat | Felony of the Third Degree | A person violates subsection (2) and, in the course of the violation, makes a credible threat to the person who is the subject of the harassment or intimidation. | Fla. Stat. § 784.0493(4) |
Common questions about harassment or intimidation based on religious or ethnic heritage in Florida
Is harassment or intimidation based on religious or ethnic heritage a felony or a misdemeanor in Florida?
It depends on the circumstances: harassment or intimidation based on religious or ethnic heritage ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 784.0493.
Harassment or intimidation based on religious or ethnic heritage — base offense: Misdemeanor of the First Degree (Fla. Stat. § 784.0493(3)) · Harassment or intimidation based on religious or ethnic heritage — with credible threat: Felony of the Third Degree (Fla. Stat. § 784.0493(4))
What are the penalties for harassment or intimidation based on religious or ethnic heritage in Florida?
Penalties for harassment or intimidation based on religious or ethnic heritage 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 harassment or intimidation based on religious or ethnic heritage?
Harassment or intimidation based on religious or ethnic heritage is governed by Fla. Stat. § 784.0493 (Harassment or intimidation based on religious or ethnic heritage).
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.