Florida criminal charge
Unlawful use of DNA; penalties; exceptions in Florida
Unlawful use of DNA; penalties; exceptions is a criminal offense under Florida law, defined by Fla. Stat. § 817.5655. 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. § 817.5655.
What is the penalty for unlawful use of dna; penalties; exceptions in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Unlawful collection or retention of DNA sample — A person willfully and without express consent collects or retains another person's DNA sample with intent to perform DNA analysis.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Unlawful collection or retention of DNA sample — A person willfully and without express consent collects or retains another person's DNA sample with intent to perform DNA analysis.; 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 (Unlawful submission or conducting of DNA analysis — A person willfully and without express consent submits another person's DNA sample for analysis or conducts/procures the conducting of another person's DNA analysis.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Unlawful submission or conducting of DNA analysis — A person willfully and without express consent submits another person's DNA sample for analysis or conducts/procures the conducting of another person's DNA analysis.; 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 (Unlawful disclosure of DNA analysis results — A person willfully and without express consent discloses another person's DNA analysis results to a third party.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Unlawful disclosure of DNA analysis results — A person willfully and without express consent discloses another person's DNA analysis results to a third party.; 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 (Unlawful sale or transfer of DNA sample or analysis results — A person willfully and without express consent sells or otherwise transfers another person's DNA sample or DNA analysis results to a third party, regardless of how the sample was originally collected, retained, or analyzed.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Unlawful sale or transfer of DNA sample or analysis results — A person willfully and without express consent sells or otherwise transfers another person's DNA sample or DNA analysis results to a third party, regardless of how the sample was originally collected, retained, or analyzed.; 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 unlawful use of dna; penalties; exceptions classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful collection or retention of DNA sample | Misdemeanor of the First Degree | A person willfully and without express consent collects or retains another person's DNA sample with intent to perform DNA analysis. | Fla. Stat. § 817.5655(2) |
| Unlawful submission or conducting of DNA analysis | Felony of the Third Degree | A person willfully and without express consent submits another person's DNA sample for analysis or conducts/procures the conducting of another person's DNA analysis. | Fla. Stat. § 817.5655(3) |
| Unlawful disclosure of DNA analysis results | Felony of the Third Degree | A person willfully and without express consent discloses another person's DNA analysis results to a third party. | Fla. Stat. § 817.5655(4) |
| Unlawful sale or transfer of DNA sample or analysis results | Felony of the Second Degree | A person willfully and without express consent sells or otherwise transfers another person's DNA sample or DNA analysis results to a third party, regardless of how the sample was originally collected, retained, or analyzed. | Fla. Stat. § 817.5655(5) |
Common questions about unlawful use of dna; penalties; exceptions in Florida
Is unlawful use of DNA; penalties; exceptions a felony or a misdemeanor in Florida?
It depends on the circumstances: unlawful use of DNA; penalties; exceptions ranges from a Misdemeanor of the First Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 817.5655.
Unlawful collection or retention of DNA sample: Misdemeanor of the First Degree (Fla. Stat. § 817.5655(2)) · Unlawful submission or conducting of DNA analysis: Felony of the Third Degree (Fla. Stat. § 817.5655(3)) · Unlawful disclosure of DNA analysis results: Felony of the Third Degree (Fla. Stat. § 817.5655(4)) · Unlawful sale or transfer of DNA sample or analysis results: Felony of the Second Degree (Fla. Stat. § 817.5655(5))
What are the penalties for unlawful use of DNA; penalties; exceptions in Florida?
Penalties for unlawful use of DNA; penalties; exceptions in Florida depend on how it is classified — from a Misdemeanor of the First 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 unlawful use of DNA; penalties; exceptions?
Unlawful use of DNA; penalties; exceptions is governed by Fla. Stat. § 817.5655 (Unlawful use of DNA; penalties; exceptions).
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.