Florida criminal charge
Reproductive battery in Florida
Reproductive battery is a criminal offense under Florida law, defined by Fla. Stat. § 784.086. 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. § 784.086.
What is the penalty for reproductive battery in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Reproductive battery — health care practitioner not the donor — A health care practitioner intentionally transfers reproductive material or implants an embryo into a recipient without the recipient's consent, and the practitioner is not the donor of the material.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Reproductive battery — health care practitioner not the donor — A health care practitioner intentionally transfers reproductive material or implants an embryo into a recipient without the recipient's consent, and the practitioner is not the donor of the material.; 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 15 years (Reproductive battery — health care practitioner who is also the donor — A health care practitioner violates the section and is also the donor of the reproductive material used without the recipient's consent.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Reproductive battery — health care practitioner who is also the donor — A health care practitioner violates the section and is also the donor of the reproductive material used without the recipient's consent.; 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 reproductive battery classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Reproductive battery — health care practitioner not the donor | Felony of the Third Degree | A health care practitioner intentionally transfers reproductive material or implants an embryo into a recipient without the recipient's consent, and the practitioner is not the donor of the material. | Fla. Stat. § 784.086(2)(a) |
| Reproductive battery — health care practitioner who is also the donor | Felony of the Second Degree | A health care practitioner violates the section and is also the donor of the reproductive material used without the recipient's consent. | Fla. Stat. § 784.086(2)(b) |
Common questions about reproductive battery in Florida
Is reproductive battery a felony or a misdemeanor in Florida?
It depends on the circumstances: reproductive battery ranges from a Felony of the Third Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 784.086.
Reproductive battery — health care practitioner not the donor: Felony of the Third Degree (Fla. Stat. § 784.086(2)(a)) · Reproductive battery — health care practitioner who is also the donor: Felony of the Second Degree (Fla. Stat. § 784.086(2)(b))
What are the penalties for reproductive battery in Florida?
Penalties for reproductive battery in Florida depend on how it is classified — from a Felony of the Third Degree up to a Felony of the Second 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 reproductive battery?
Reproductive battery is governed by Fla. Stat. § 784.086 (Reproductive battery).
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.